Municipal Re-education 101: OFCC v. City of Campbell filed

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Municipal Re-education 101: OFCC v. City of Campbell filed

Postby jgarvas » Thu Apr 15, 2010 11:17 am

Today Ohioans For Concealed Carry filed a lawsuit against the City of Campbell, Ohio in response to their obstinate handling of an illegal gun ban they adopted as emergency legislation. Despite over two months of communications and demands from our legal representation to repeal their ordinance, and despite two occasions where the City of Campbell's law director has been printed in the Vindicator indicating that the law must be repealed and the city can not accomplish what it wants under Ohio law, the city tabled legislation to repeal the law and sent it back to committee.

As recently as yesterday, the city suggested that it had home rule authority. In yesterday's Vindicator coverage of this weekend's rally Juanita Rich indicated that the repeal legislation will meet opposition in council. Ohioans For Concealed Carry feels that we have no other option but to seek a legal remedy and have filed a lawsuit today.

Read all of the details here

Go here for Rally information: http://ohioccwforums.org/viewtopic.php?f=21&t=41671

And please consider a donation to Ohioans For Concealed Carry today.
Jeff Garvas, President
Ohioans For Concealed Carry

Contrary to a popular belief when I brag about OFCC accomplishments I'm not looking for your thank you or personal recognition. I'd much prefer you send me an email telling me when you are going to get involved in doing what I've been doing since 1999. We are only as effective as we make ourselves. We need the next generation of OFCC to step to the plate.

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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby Pops Fun » Thu Apr 15, 2010 11:50 am

You have been very patient...
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby BobK » Thu Apr 15, 2010 12:05 pm

With the letter you have sent to the Police Chief regarding lawful open carry, should someone get arrested for same it seems like a slam dunk for a payoff.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby jgarvas » Thu Apr 15, 2010 12:10 pm

BobK wrote:With the letter you have sent to the Police Chief regarding lawful open carry, should someone get arrested for same it seems like a slam dunk for a payoff.


well.... Maybe. The City is on the verge of being taken over by the State of Ohio due to fiscal emergency. An officer would likely have qualified immunity (although there is another way to put him on the hook). Regardless, neither would have the funds for a "payoff". But in the words of Brian D. it can't be about lack of education anymore in Campbell.
Jeff Garvas, President
Ohioans For Concealed Carry

Contrary to a popular belief when I brag about OFCC accomplishments I'm not looking for your thank you or personal recognition. I'd much prefer you send me an email telling me when you are going to get involved in doing what I've been doing since 1999. We are only as effective as we make ourselves. We need the next generation of OFCC to step to the plate.

Is that you?

To Contact Me: Use This Form and pick my name.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby BobK » Thu Apr 15, 2010 12:20 pm

jgarvas wrote:The City is on the verge of being taken over by the State of Ohio due to fiscal emergency.

When the state takes over, I "assume" that does not mean all debts get repudiated? Of course, Ohio itself isn't in much better shape . . .
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby daddy » Thu Apr 15, 2010 1:25 pm

To make sure I understand correctly, they recently (I'm guessing the last day or two) adopted a total gun ban city wide? Probably in response to our walk? Or is this "gun ban" still the original denial of the gun repair shop?

Should those attending anticipate "problems"?

I am not trying to discourage anyone, simply trying to understand fully, so I can prepare properly.

Thanks for everything you have done and continue to do.
If guns cause crime, then pencils cause misspelled words.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby jgarvas » Thu Apr 15, 2010 1:45 pm

daddy wrote:To make sure I understand correctly, they recently (I'm guessing the last day or two) adopted a total gun ban city wide? Probably in response to our walk? Or is this "gun ban" still the original denial of the gun repair shop?

Should those attending anticipate "problems"?

I am not trying to discourage anyone, simply trying to understand fully, so I can prepare properly.

Thanks for everything you have done and continue to do.


1. The lawsuit is in response to the ban on the sale of firearms that was adopted as emergency legislation months ago
2. They mentioned to the Young American Liberty group organizer some kind of fear of AK-47 rifles and suggested they could take some type of action if they saw someone carrying one around. In response to hearing that third party we sent them this letter today:

RE: Possession of Firearms - Young Americans for Liberty Rally

3. Should you anticipate problems? No, but be prepared with how you will react, speak, and/or who you'd call if arrested - because the Chief of Police apparently has a problem understanding the law. This city has shown no respect for gun owners or our attempt to have this legislation repealed. We're told the Chief of Police caused the repeal to be delayed and put into committee.

4. We have their attention now. Their law director, who has always publicly agreed with our position, has communicated with our attorney today. Unfortunately it took two months and a lawsuit to make that happen.
Jeff Garvas, President
Ohioans For Concealed Carry

Contrary to a popular belief when I brag about OFCC accomplishments I'm not looking for your thank you or personal recognition. I'd much prefer you send me an email telling me when you are going to get involved in doing what I've been doing since 1999. We are only as effective as we make ourselves. We need the next generation of OFCC to step to the plate.

Is that you?

To Contact Me: Use This Form and pick my name.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby daddy » Thu Apr 15, 2010 1:50 pm

Thanks for the clarification. It sort of sounded like they adopted new emergency legislation to ban all firearms city wide. Glad that wasn't the case.
If guns cause crime, then pencils cause misspelled words.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby jgarvas » Thu Apr 15, 2010 2:38 pm

daddy wrote:Thanks for the clarification. It sort of sounded like they adopted new emergency legislation to ban all firearms city wide. Glad that wasn't the case.


we'd have sought an injunction :)
Jeff Garvas, President
Ohioans For Concealed Carry

Contrary to a popular belief when I brag about OFCC accomplishments I'm not looking for your thank you or personal recognition. I'd much prefer you send me an email telling me when you are going to get involved in doing what I've been doing since 1999. We are only as effective as we make ourselves. We need the next generation of OFCC to step to the plate.

Is that you?

To Contact Me: Use This Form and pick my name.
jgarvas
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby thatguy » Thu Apr 15, 2010 10:01 pm

Youngstown Ohio.... Gotta live somewhere.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby JSLACK7851 » Fri Apr 16, 2010 2:17 pm

How do these people think they can get away with passing a law that violates 9.68? Where do they think they are, Cleveland? I'm going 2 hours early, taking chairs and have fresh batteries in my Voice recorder. Plus I'm bringing a camera with my spouse who's not going to be armed JIC.
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby charben » Fri Apr 16, 2010 2:26 pm

JSLACK7851 wrote:How do these people think they can get away with passing a law that violates 9.68? Where do they think they are, Cleveland? I'm going 2 hours early, taking chairs and have fresh batteries in my Voice recorder. Plus I'm bringing a camera with my spouse who's not going to be armed JIC.


I'm going to be there early, too...;)
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby rDigital » Fri Apr 16, 2010 2:31 pm

See you guys there. 8)
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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby Kowboy » Fri Apr 16, 2010 6:36 pm

Jeff:

"When OFCC began to advertise the rally the city demanded the YAL group pay $2,000 in law enforcement wages for their peaceful protest. There was talk of the rally becoming a protest, which caught the attention of the Youngstown Vindicator newspaper yesterday.
The Young American Liberty organizers have negotiated that down to a much more reasonable rate, and donations raised in this discussion thread allowed Ohioans For Concealed Carry to contribute $400 to the cause since it was our presence that nearly cancelled the YAL rally they so graciously invited us to speak at."

These fees hardly seem to meet the Supreme Court’s requirements of "narrowly drawn, reasonable, and definite standards":

http://en.wikipedia.org/wiki/Forsyth_Co ... t_Movement

Shouldn't your lawyer have known this?

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Re: Municipal Re-education 101: OFCC v. City of Campbell fil

Postby Cruiser » Fri Apr 16, 2010 8:04 pm

Do the Tea Party Rally's have to go through the same thing that you are discussing here?
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