Constitutional Law

Ohio Sup Ct upholds pre-emption law

City of Cleveland v. State of Ohio, Ohio Supreme Court, Dec. 29, 1010. Conflict between Cleveland's enactment of a number of gun regulations, and Ohio's statewide pre-emption law. The City contended that the pre-emption law was unconstitutional under the State constitution's provision of home rule for incorporated cities. The test there was whether the State statute deals with matters of Statewide, general, importance, or tries to dabble in local matters, and the Supreme Court majority held that it was a statute of general importance. It was a statute that sought to make legal standards uniform throughout the State, it applies uniformly to every location in the State and not just this city, it involves the police power.

This seems to me rather obvious. In proof, however, that some courts apply different rules when gun regulations are at issue (witness how in Heller the Court's "liberal wing" suddenly became the strictest of strict constructionists for an hour), the Court of Appeals had struck down the statute, and even held that its provision for attorney fees should a person challenge such ordinances and win was unconstitutional because it ?invite[d] unwarranted litigation and attempt[ed] to coerce municipalities into repealing or refusing to enforce longstanding local firearm regulations.?

Full post as published by Of Arms and the Law on December 29, 2010 (boomark / email).