Gun groups prepare to file suit against Columbus, Cincinnati

A place for sharing news stories related to armed citizens, law enforcement & 2A/CCW topics.

Please note that when linking to an article you must cite the source URL and provide no more than a brief preview of the article to ensure fair-use standards are met.

NO DOCUMENT DUMPING.

Posts in violation of these rules are subject to immediate deletion without warning.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

And we were granted a temporary restraining order against the City of Columbus enforcing their new laws for 14 days.
Hearing on our motion for a preliminary injunction is set for July 9
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
sd790
OFCC Patron Member
OFCC Patron Member
Posts: 400
Joined: Mon Jun 10, 2013 6:40 pm
Location: Delaware

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by sd790 »

Chuck wrote:And we were granted a temporary restraining order against the City of Columbus enforcing their new laws for 14 days.
Hearing on our motion for a preliminary injunction is set for July 9
Woohoo! Please support OFCC by becoming a paying member or a patron. OFCC is doing the real work of supporting our RTKBA. Cuz this legal stuff ain't free.

Image
NRA Certified Pistol Instructor
NRA Certified Range Safety Officer
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by bignflnut »

Friday, June 22nd, 2018: Today Ohio Attorney General Mike DeWine's office filed a motion seeking permission (“leave”) from the courts to file an Amicus Curiae (“Friend of the Court”) brief in support of the cases Ohioans For Concealed Carry and the Buckeye Firearms Foundation simultaneously filed against both of The Cities of Columbus and Cincinnati, Ohio yesterday.
Ummmm...nice to have the background support, but this cat can not be allowed to take over the case or have any serious influence on this...

I hope this isn't the fulcrum of conflict with BFA or how to go forward with this...
Seems like letting the fox into the henhouse.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

It's no skin off of your nose, and plans are already made in case your pessimism becomes reality.

We haven't lost a case yet, and consider our tried and true methodology to be the standard to follow.
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by bignflnut »

No qualms with the victory record of OFCC...wary of the recent BFA/NRA/Dewine track record of torpedoing proRKBA efforts in Ohio.
Hoping for the best while noting the strange bedfellows.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

We are trying very hard to unite ALL the Ohio gun groups so debacles like what happened to HB 142 don't happen again.
We have officially rallied with BFA, and OGO, and of course we are very good friends with Ohio Carry.

We have never lobbied against another gun group's bill, and hopefully, very soon, they will commit to never lobbying against one of ours again.
Hopefully
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

Here are the links for Franklin County's clerk of court where the complaint was filed. They are searchable public records, and anyone can go view them.

https://clerk.franklincountyohio.gov/" onclick="window.open(this.href);return false;
The Columbus case number is 18 CV 005216.
Plug those numbers in the search engine on the county site and they will bring up every document filed in the case

Additionally, here is a link to our original complaint in Columbus:
https://fcdcfcjs.co.franklin.oh.us/Case ... zQfcFn4%3D" onclick="window.open(this.href);return false;


Unfortunately, Hamilton County isn't as friendly and the actual complaints are not available on their site
Case number is A 1803098
https://courtclerk.org/records-search/s ... se-number/" onclick="window.open(this.href);return false;
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

Lawsuit watch:
There is a hearing on our motion for preliminary injunction at 345 South High Street, Columbus Ohio, in courtroom 7F at 9:00 am, on Monday, July 9, 2018.
The city is expected to attempt to turn it into a fiasco by trying to introduce evidence and testimony, instead of arguing the merits for or against, the injunction.

The hearing is open to the public, and I am recommending you bring popcorn.
Should be very entertaining
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by bignflnut »

To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing. When determining whether to grant preliminary injunctions, judges consider the extent of the irreparable harm, each party's likelihood of prevailing at trial, and any other public or private interests implicated by the injunction
Please correct me if I'm wrong, but the proRKBA groups are going to say that these bump stock bans in Columbus / Cincinnati are harming them and the citizens of Ohio's RKBA. There will be some amount of a case (5%-95%) made before a judge in order to ask him/her to postpone the enactment of these bans until the full trial can be completed.

If the previous is correct, I want to again whole-heartedly commend OFCC (and grudgingly/cautiously BFA/DeWhine) for putting their win-loss record and capital (time and cash) on the line to defend something that many disregard as meaningless. Far be it from me to know what lawyer-fu they're going to use in making their case. I just know that there's pressure from within our proRKBA ranks to not go out on the branch for bump stocks. I appreciate the effort and hope it's like a hot knife of Justice through butter.

Godspeed, Chuck and Team.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by bignflnut »

To whatever degree is prudent, Chuck, could you please give us an accounting of the events this morning? What was the proRKBA case that was made, what was the rebuttal or the case from the other side? What was your read on the judge? Finger pointing, gnashing of teeth, seeing the whites of their eyes, did the color ever flush from their faces?

Did you hear the lamentations of their women?
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

Long hearing today, several hours, that I was unable to attend.

Bottom line is, TRO is extended another fourteen days and the judge promised a ruling on the injunction before it expires.

*Chuck's VERY UNOFFICIAL personal opinion: The city was trying the whole case instead of just the motion under consideration. (Trying to get good press for the election)
If we get the injunction, after today, the city's illegal ordinances will be on very shaky ground indeed.
If the citizens must follow the law, why shouldn't the state also ?

This state needs ORC 9.68 reform badly!
Clearly, having to pay our legal fees isn't deterring local municipalities from continuing to pass illegal ordinances.
Stiffer penalties are required
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
schmieg
OFCC Coordinator
OFCC Coordinator
Posts: 5751
Joined: Mon Jul 04, 2005 11:11 pm
Location: Madeira, Ohio

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by schmieg »

Chuck wrote:
This state needs ORC 9.68 reform badly!
Clearly, having to pay our legal fees isn't deterring local municipalities from continuing to pass illegal ordinances.
Stiffer penalties are required
A penalty similar to the Florida one that imposes a cash fine on the individual politicians responsible would be nice to have.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

It’s surprising how little support something like that has in the legislature.
Almost like most legislators started out in their local municipalities

Hopefully, all the attention these two suits are getting will help change that
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by Chuck »

http://www.dispatch.com/news/20180709/j ... ordinances" onclick="window.open(this.href);return false;
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
bignflnut
Volunteer
Volunteer
Posts: 8135
Joined: Mon Jun 30, 2008 12:14 pm
Location: Under Naybob Tinfoil Bridge
Contact:

Re: Gun groups prepare to file suit against Columbus, Cincin

Post by bignflnut »

A Franklin County judge has extended a temporary restraining order halting enforcement of two gun ordinances in Columbus as he decides how to rule on a preliminary injunction.

After arguments for and against the injunction Monday, Franklin County Common Pleas Court Judge David E. Cain extended the temporary restraining order. He is expected to decide on the injunction before that order expires.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
Post Reply