March 2, 2009

Buckeye Firearms Foundation Sues Cleveland

Buckeye Firearms Foundation, Inc., an Ohio not-for profit foundation, filed a lawsuit today in the Common Pleas Court of Cuyahoga County, Ohio seeking a temporary restraining order and permanent injunction to stop the City of Cleveland from prosecuting law-abiding gun owners under local ordinances that restrict gun ownership and concealed carry (CCW).

In spite of having no authority to enforce local laws restricting firearm ownership, the City of Cleveland has continued to charge and aggressively prosecute individuals who have committed no crime.

Jim Irvine, president of Buckeye Firearms Foundation, stated, "The Mayor [Frank Jackson] said, 'I don't care what state law is.' We are a nation of laws, not of men. But apparently the men running our city don't think rules apply to them."

Buckeye Firearms Foundation

Buckeye Firearms Foundation

The lawsuit also asks the Court to declare 20 different local ordinances unconstitutional on the grounds of state preemption of firearm laws covered under state HB347, which became effective in March 2007.

The law operates to preempt a patchwork of varied and confusing local rules with "uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition."

The issue of statewide preemption was challenged by the City of Clyde and the case went all the way to the Ohio Supreme Court. In its decision, the Ohio Supreme Court upheld the state preemption law, and Cleveland recently suffered a further setback when they lost the trial stage of their lawsuit against Ohio, which sought to overturn preemption.

Named defendants include Mayor Frank Jackson, Law Director Robert J. Triozzi, Chief of Police Mike McGrath, Director of Public Safety Martin Flask, Administrative Judge Ronald B. Adrine and David Whitehead, President of Cleveland Metroparks.

Plaintiffs include Irvine and Gilbert Croteau, a Cleveland resident.

Comments (6)

I've traveled the US extensively and don't think Cleveland is much different than the rest of the country. Cleveland and many of the Midwest areas are experiencing very bad economies. Manufacturing, auto assembly and steel making jobs are all going offshore. Poor parenting results in socially challenged children. The general dumbing down of America gives us Columbus gun bans (kiss the NRA convention goodbye) and Clyde (a one horse town surrounded by farms)gun bans. Mayor Jackson is a twit in a county with worse politics than Chicago. Ohio aware residents (a shrinking minority) may seem superficially unpleasant do the pressures of this situation but give them a chance and you will see that there are still good people with traditional American values. They are not all entitlement junkies. Ohio recently passed preemption and castle doctrine legislation demonstrating that the State as a whole is more American than some of the cities.

Posted by: JOHN J | March 8, 2009 8:16 AM    Report this comment

Jeff W, it may be due to the unions. I have noticed that union people are much more militant than the average person. I can't speak of Ohio, however up my way that is one factor I have noticed. When I said out in the country I meant out in the country not in the suburbs. I still consider suburb people city people. I've been to Denison University on business in Grandville a little ways from where your at, nice little town. Unfortunately, you have to get a good distance from the cities or you just encounter transplants. You need to get out where the good old boys have lived for generations.

Posted by: Robert J | March 6, 2009 12:09 PM    Report this comment

Robert,
Thanks for the feedback. I'm actually working in the suburbs as well as Columbus. Westerville, West Jefferson, Plain City and South Solon. I've only met two people out of 40 with pleasant personalities. I do find it quite interesting that I'm not finding much of a difference between country and city folks. I'm a country boy myself who has visited 75% of this Country (Travel excludes Northwest Region). If time permits, I'll have to do some historical research to find the root cause of the harshness. The only other place I experienced this level of harshness was in South Florida with the Haitians.

Posted by: JWallace | March 6, 2009 10:39 AM    Report this comment

Jeff W, I work at the Air National Guard Base on the northern fringe of the Detriot area, however I live an hour farther north out in the country. The people in the Detroit area are the same way however once you get out into the country the people are totally different. Its a night and day difference. It may not be Ohio, it may be city people versus country people. I didn't see that living in the south. I grew up in the country and perfer those type of people. City people are much harsher in this region.

Posted by: Robert J | March 5, 2009 12:33 PM    Report this comment

One more reason why many consider Cleveland,Ohio the armpit of the country.
Let us know how it works out for all the other armpit hairs Mayor Jackson. Semper Fi

Posted by: Sharps | March 5, 2009 9:52 AM    Report this comment

My work had taken me north to Columbus, a little short of Cleveland but my experience with Ohio residents for the most part has been rather unpleasant. Most of the people seem to have some harshness to their personalities. I’m not sure, but State and Local Laws may contribute to the unfriendly behavior. I’m certainly looking forward to leaving the state and will give it a second thought prior to accepting future assignments in the area.

Posted by: JWallace | March 4, 2009 8:44 PM    Report this comment

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