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."
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.