Columbus Sues Ohio for Protecting Second Amendment Rights

Ammoland ^ | 21 March, 2019 | Dean Weingarten

[marktwain]

On 27 December, 2018, the Ohio legislature voted with more than the two thirds majority required to override Governor Kasich' veto of HB 228.

HB 228 strengthened Ohio's preemption law to prevent erosion of Second Amendment rights in Ohio. The right to own, possess, and carry weapons has been under attack by several cities in Ohio. The City of Columbus is attempting to block the new law with a lawsuit.

The City of Columbus claims that it has home rule authority to pass ordinances pertaining to the ability to own or possess firearms and firearm accessories. The lawsuit can be read at this llink.  From wcbe.org:

The city of Columbus today filed a lawsuit against the state of Ohio to halt legislation enacted last year because it limits the ability municipalities have to enact local gun ordinances.

Columbus City Attorney Zach Klein says House Bill 228 eviscerates the basic principle of home rule.

There is a significant barrier for the lawsuit to overcome. The Ohio Supreme Court has repeatedly ruled the Ohio legislature has the authority to pass general laws that protect the exercise of Second Amendment rights, which are also protected by the Ohio Constitution.

From ucla.edu:

 Ohio:  The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.  Art. I, § 4 (enacted 1851).

[marktwain]

Columbus is spending money to fail at what Cleveland already failed at, multiple times.

But, hey, it is "other people's money". Just tax dollars. And maybe the City Attorney has political ambitions. This is a way for him to get headlines, at little cost to him. No one will remember his failure.

[eyeamok]

Just Filing this case is an Ant of Contempt for the Court, The Judge should have JAILED the Lawyer for 30 days for Contempt. Yes I blame this crap on the pussy judges

[rjsimmon]

If a city can make rules that violate the State Constitution (and by logical extension, a State making a law that violates the Federal Constitution) would that not be sedition? IMHO, any legislature (State or Federal) that puts forth a bill that is in violation of a Constitutionally protected right should be considered rogue and invalid.

[Does so]

Just Filing this case is an Ant of Contempt for the Court

Those Ants of Contempt are difficult to exterminate!

[Bloody Sam Roberts]

"...a Constitutionally protected right..."

Thank you FRiend for using the proper phrase. It's a burr under my saddle that people use the phrase "Constitutional right". There is no such thing.

"Men are endowed by their Creator with certain unalienable rights..."

[Tilted Irish Kilt]

Does so :" Those Ants of Contempt are difficult to exterminate!"

Elimination might consider .223 cal.
But if you wish to send "the very best", I suggest .556 cal.
(My apologies to Hallmark greeting cards)

[BenLurkin]

The Ants of Contempt.

Sounds like a Gertrude Stein novel.

[taxcontrol]

The state of Ohio can (and in my opinion should) remove the status of “home rule” from their state constitution.

[Openurmind]

Absolutely. This needs to be strongly pointed out, there are constitutional checks and balances being violated with the “home” or “states rights” concept. They need to be challenged as legally invalid. The Federal constitution and the states constitution are there just for this reason. They are the “referees” in the game to prevent local tyranny. This is exactly why they are in place and they are now being ignored completely.

[WKUHilltopper]

These city “thugs” have violated their oaths to the Constitution. Drag their asses out of the office.

[MeganC]

Columbus City Attorney Zach Klein is a perfect example of why we have the Second Amendment.

[drypowder]

When it comes to the Bill of Rights and the US Constitution; Both need to apply to ALL STATES equally and as written. No exceptions! All laws that are not in line with the Constitution are null and void, per the Constitution.

[Whenifhow]

ping

[Lowell1775]

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