CLEVELAND (CN) – The city of Cleveland “continued to arrest and file criminal complaints against citizens” for violating local gun regulations that were nullified by state law, a gun-rights group claims in Cuyahoga County Court. Buckeye Firearms Foundation, James Malcolm Irvine and Gilbert Croteau claim the city tried to enforce ordinances that had been nullified by R.C. Section 9.68, which guarantees an individual’s right to bear arms.
The provision states: “Except as specifically provided by the United State Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.”
Cleveland allegedly tried to have it declared unconstitutional, but the county court upheld the gun provision in light of the Ohio Supreme Court’s ruling in Ohioans for Concealed Carry et al v. Clyde et al.
“Despite legally binding precedent and Cleveland’s admission of nullification of their firearm ordinances, Defedants … continue to use their official offices to criminally prosecute violations of Cleveland’s codified ordinances nullified by R.C. Section 9.68,” the plaintiffs claim.
They want the court to declare Cleveland’s gun regulations unconstitutional and unenforceable, and to issue an injunction barring enforcement.
Plaintiffs are represented by L. Kenneth Hanson with Firestone, Brehm, Hanson, Wolf and Burchinal LLP of Delaware, Ohio.