Judge upholds some of Clevelands most recent gun laws

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Bruenor
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Judge upholds some of Clevelands most recent gun laws

Post by Bruenor »

I wonder how many 'Gun Offenders' have self registered at this point.

http://www.cleveland.com/court-justice/ ... gun_r.html" onclick="window.open(this.href);return false;
Jeff Garvas, president and founder of the concealed carry group, said that the ruling corroborates his organization's claim that the ordinance was passed in the face of a prior Ohio Supreme Court ruling against the city six years ago.

"Her ruling cites three cases where the City of Cleveland passed ordinances that are unconstitutional," Garvas said. "The City of Cleveland has been told three times now that they're not allowed to do this, twice by the Supreme Court."

Parts of the new gun ordinance that were upheld include:

A rule that prohibits leaving a firearm where it can be accessed by someone under the age of 18.
A provision that requires people who aren't gun dealers to report the sale of guns or weapons
The law that requires gun owners to report lost or stolen firearms to the city,
A requirement that gun offenders self register with the city.
A provision that requires police to be notified if a gun is found on school property.
A ban on the negligent transfer of firearms to someone who is intoxicated or is a convicted felon (state law already prohibits reckless transfer).
An increased penalty for failing to secure a dangerous ordnance, such as an explosive material or device.

The four provisions that were overruled:

A new, stricter definition of automatic weapons.
The prohibition of shooting a firearm within 500 feet of a park, playground, or recreation center.
A provision allowing police to seize a gun from someone drinking, disturbing the police, threatening bodily harm or causing a disturbance or violence.
A provision prohibiting the defacing of identification marks on firearms or the possession of defaced firearms a misdemeanor; it is already a felony under state law.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by Atilla »

The 'reporting' of private sales should have been struck down. The other provisions are fluff and mirror state law or public information.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by JonasM »

"A rule that prohibits leaving a firearm where it can be accessed by someone under the age of 18."

There have been a number of home-defense stories that would have turned out differently (i.e. badly) if a law like this one was had been in force.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by dl1911 »

JonasM wrote:"A rule that prohibits leaving a firearm where it can be accessed by someone under the age of 18."

There have been a number of home-defense stories that would have turned out differently (i.e. badly) if a law like this one was had been in force.
Yup. So know when your child defends himself in your home while you're out, you can be charged with allowing them the capability to defend themselves. Ain't Cleveland grand? Times like this I'm very ashamed to have to admit that I live here.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by Chuck »

There's a whole lot in this decision I don't agree with
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Re: Judge upholds some of Clevelands most recent gun laws

Post by MyWifeSaidYes »

So, when's the appeal going to be filed?
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Re: Judge upholds some of Clevelands most recent gun laws

Post by JustaShooter »

MyWifeSaidYes wrote:So, when's the appeal going to be filed?
No specific timetable has yet been announced. From the email sent out yesterday:
OFCC is meeting with its legal team to consider the possibility of elevating these issues to the 8th District Court of Appeals. Eternal vigilance is the price of liberty!

If you agree that we should be fighting and winning these critical legal battles please help OFCC by donating to the cause here and ask your like minded friends and family to do so as well - if we proceed with an appeal in this case OFCC will be funding two simultaneous appellate cases where we are paying legal invoices regularly. Those two cases may end up going to the Ohio Supreme Court. (Oberlin is currently on appeal)
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Re: Judge upholds some of Clevelands most recent gun laws

Post by Brian D. »

MyWifeSaidYes wrote:So, when's the appeal going to be filed?
Of course this needs appealing. And ultimately our side will prevail, winning nothing except setting things right again. Until the next time. In addition to putting enforcement teeth in ORC 9.68, maybe we need to look at punishment provisions against lower court judges who ignore both it, and previous case precedents.

Instead of the Statehouse maybe we should do a march around the Ohio Supreme Court, or Ethics Commission. "Hey hey, ho ho, lousy judges got to go!" In all seriousness we should look into filing a complaint, it may get some media attention.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by Brian D. »

Well shut my mouth! Imagine how surprised I was to find that this judge has previous history of being a wackaloon. The OSC already knows her..*sigh*
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Re: Judge upholds some of Clevelands most recent gun laws

Post by MyWifeSaidYes »

Brian D. wrote:Well shut my mouth! Imagine how surprised I was to find that this judge has previous history of being a wackaloon. The OSC already knows her..*sigh*
You mean stuff like this:

http://www.clevescene.com/scene-and-hea ... -wackiness" onclick="window.open(this.href);return false;
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Re: Judge upholds some of Clevelands most recent gun laws

Post by pirateguy191 »

MyWifeSaidYes wrote:
Brian D. wrote:Well shut my mouth! Imagine how surprised I was to find that this judge has previous history of being a wackaloon. The OSC already knows her..*sigh*
You mean stuff like this:

http://www.clevescene.com/scene-and-hea ... -wackiness" onclick="window.open(this.href);return false;


Maybe her daughter didn't like this ruling???
Cuyahoga County Judge Shirley Strickland Saffold's daughter charged with domestic violence against mom
http://www.cleveland.com/metro/index.ss ... ncart_2box" onclick="window.open(this.href);return false;
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Re: Judge upholds some of Clevelands most recent gun laws

Post by Brian D. »

The Supreme Court removed her from (I think) a high profile murder case due to her conduct and comments. Saw some details about that, and some other shenanigans, pretty much stopped reading up on her. Wow, pirateguy, the story you linked to is brand new, guess I should have kept a tab open on the Judge.
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Re: Judge upholds some of Clevelands most recent gun laws

Post by WhyNot »

Does anyone know/have the actual city ordinance. Not provided in the story link. Would like to read it. Thnx!
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Re: Judge upholds some of Clevelands most recent gun laws

Post by JustaShooter »

WhyNot wrote:Does anyone know/have the actual city ordinance. Not provided in the story link. Would like to read it. Thnx!
Which ordinance are you interested in? There are several. The one I feel is the most egregious violation of ORC 9.68 is

§ 627.13 Reporting Transfers of Firearms
(a) Effective November 1, 2015, except for transfers involving a licensed gun dealer, or taking place at an event held by a non-profit corporation organized under the laws of the state of Ohio for the purpose of hosting gun collectors in a venue with a minimum of one hundred (100) participants, no person shall sell or transfer a firearm without reporting the sale or transfer to the Division of Police. The Director of Public Safety may promulgate rules and regulations governing the reporting process.
(b) Effective November 1, 2015, a person who violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 931-14. Passed 4-20-15, eff. 4-21-15)

All of the Cleveland City Ordinances can be found at http://library.amlegal.com/nxt/gateway. ... eveland_oh" onclick="window.open(this.href);return false; - you can't link directly to any specific part of the ordinances, the section you are likely most interested in is Part Six, Title I: General Offenses, Chapter 627 – WEAPONS, 627A – POSSESSION OF FIREARMS BY CHILDREN, and 628 – GUN OFFENDER REGISTRY
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