Gun groups prepare to file suit against Columbus, Cincinnati

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

Postby Chuck » Tue Jul 10, 2018 6:02 pm

You do that so much better than I do

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

Postby Chuck » Fri Jul 13, 2018 5:33 pm

https://www.nbc4i.com/news/local-news/franklin-co-judge-overturns-columbus-bump-stock-ban-upholds-ban-on-criminals-possessing-guns/1301067010Franklin Co. judge overturns Columbus bump stock ban; upholds ban on criminals possessing guns


COLUMBUS (WCMH) -- A local judge struck down a recently-adopted ordinance that outlaws bump stocks in the city of Columbus. At the same time, he upheld a law that keeps firearms out of the hands of some convicted criminals.

Ohioans for Concealed Carry sued the city, saying two of the ordinances Columbus City Council passed in May were unconstitutional.

Columbus City Attorney Zach Klein announced that Franklin County Judge David Cain made the ruling Friday on Ohioans For Concealed Carry Vs. Columbus. Cain ruled that the bump stock ban is "in direct conflict" with the Ohio Revised Code. Read Cain's full ruling below or click here to view.



23 days from filing to final verdict.
9.68 is the law of the land
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby JustaShooter » Fri Jul 13, 2018 6:32 pm

Outstanding, Chuck! You and the others working this case deserve serious kudos!
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby qmti » Fri Jul 13, 2018 8:54 pm

Excellent outcome. Are you going for reimbursement of our legal fees. Just asking.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby JustaShooter » Fri Jul 13, 2018 10:04 pm

qmti wrote:Excellent outcome. Are you going for reimbursement of our legal fees. Just asking.

Of course - that's the only teeth ORC 9.68 has (and, as expensive as these lawsuits are, we couldn't afford to pursue them if we didn't get legal fees back after winning.)
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby schmieg » Fri Jul 13, 2018 10:24 pm

JustaShooter wrote:
qmti wrote:Excellent outcome. Are you going for reimbursement of our legal fees. Just asking.

Of course - that's the only teeth ORC 9.68 has (and, as expensive as these lawsuits are, we couldn't afford to pursue them if we didn't get legal fees back after winning.)

At least some of the legal fees. I don't think we've been fully reimbursed by the courts on any of the cases.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby MyWifeSaidYes » Sat Jul 14, 2018 8:54 am

The ruling is kind of funny, in a legal document sort of way. You know the head tilt a dog does when they are puzzled by something? It seems that what Judge Cain was doing when trying to figure out the logic Columbus used in their argument.

https://www.10tv.com/sites/10tv.com/fil ... stocks.pdf
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby rickt » Sat Jul 14, 2018 9:09 am

Since it was a split decision it will be interesting to see if either party appeals.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby bignflnut » Mon Jul 16, 2018 8:13 am

Huzzah!

Well played, OFCC legal eagles!
Even if it was considered low hanging fruit, a layup, or a gimme putt, somebody has to slam the door shut on these big city fools.
Thank you, again, to the leadership for taking the case and putting another notch in 9.68's belt.

It would be an interesting analysis to say that there have been X number 9.68 wins from OFCC vs how many gun free school zone convictions prior to a shooting? 9.68 wins vs Concealed Carry convictions, or some other dubious law that never gets used, but keeps us in the "law-abiding citizen" box under the auspices of "public safety". Maybe notification?
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby bignflnut » Mon Jul 16, 2018 9:18 am

But the city attorney's office says they come out of this as winners, too. As a separate ordinance keeping guns away from domestic violence suspects was upheld.

SNIP

The statement also said they appreciate the judge's consideration, but they still believe the city can regulate bump stocks.

The court said in its ruling that it sees the decision as final, and in this judgment, it isn't about morality, but what is legal in its opinion under the law.


Having not read the ruling (but I will), is this the part that makes one puzzle?
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby bignflnut » Mon Jul 16, 2018 10:08 am

Bottom of page 6 to the top of page 7

With the issue of standing out of the way, the Court will begin by stating what this case is not about. The case is not about whether there is excessive gun violence in society. There obviously is. The case is not about whether it is morally right to ban such things as bump stocks. The Court is not here to make moral judgements.This case is not about whether stricter weapons under disability laws will prevent gun violence. That issue is up for debate. This matter is purely a legal matter. It is solely about whether Columbus has the authority to enact these Ordinances. That is all there is.


A) There is excessive gun violence in society, but that's not relevant to the case.
B) No ruling on the morality of banning bump stocks, but later, they're an integral component (not accessory) of the weapon and the point is made, at some length, that it doesn't matter who installs the integral part of the weapon, but that a stock is integral to the safe usage of a rifle. :idea: :idea: :?: :?: :?:
C) It is debatable whether stricter weapons under disability laws prevent gun violence, but it's about authority.

Somehow, that baby gets split--can't ban stocks, can further the "Prohibited Persons" dogma now down to misdemeanor domestic violence convicts, soon to traffic ticket convicts....

The dicta or reasoning in the misdemeanor domestic violence prohibition is exceedingly thin. Simply put, since it isn't addressed directly in 9.68 or other Columbus ordinance, it can stand...
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby rattlehead » Mon Jul 16, 2018 5:21 pm

There is excessive gun violence is CERTAIN SEGMENTS of our society. It's a distinction that many (particularly those connected to those segments) choose to ignore.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby WY_Not » Tue Jul 17, 2018 7:20 am

Great job guys!

Hopefully Cincy goes as smoothly.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby Glock Rock » Fri Jul 20, 2018 12:49 pm

While I don’t see the bump stocks surviving once 45 is gone (in January of 2025) thanks for this win.
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Re: Gun groups prepare to file suit against Columbus, Cincin

Postby Chuck » Wed Jul 25, 2018 11:48 am

Anybody tired of winning yet?

https://www.cincinnati.com/story/news/c ... 820316002/


If I have to follow state law, they should too!
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