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“Sir, I agree to this Constitution, with all its Faults, if they are such; because I think a General Government necessary for us, and there is no Form of Government but what may be a Blessing to the People if well administered; and I believe farther that this is likely to be well administered for a Course of Years, and can only end in Despotism as other Forms have done before it, when the People shall become so corrupted as to need Despotic Government, being incapable of any other.”     Benjamin Franklin,    Final Speech at the Constitutional Convention

March 15, 2007

Cleveland Challenges Ohio Concealed Carry Law

by Doug Mataconis

Late last year, the State of Ohio amended its gun laws to allowed gun owners to carry concealed weapons and voided local gun control ordiances in the process. Today, the City of Cleveland filed a lawsuit seeking to overturn the law and keep its restrictive gun laws in effect:

Cleveland challenged a state law Wednesday that makes it illegal for the city to make its own gun laws, such as banning assault weapons.

Cleveland filed suit in Cuyahoga County Common Pleas Court on the same day the state law throwing out local gun ordinances took effect.

At a news conference announcing the suit, Mayor Frank Jackson said Cleveland will continue to enforce its gun laws, which include prohibiting minors from possessing firearms and banning the sale and possession of assault weapons.

Cleveland’s laws were deemed illegal under a new provision of the state concealed-carry gun law legislators adopted last December by overriding a veto by departing Gov. Bob Taft.

The city contends that the law violates its right to make its own laws and enforce the law, but the State’s Attorney General disagrees:

State Attorney General Marc Dann’s office doesn’t necessarily see gun control as a local issue.

“The state laws are part of a comprehensive statewide scheme that seeks to protect both the public and the rights of gun owners,” Dann’s press secretary, Jennifer Brindisi, said in a statement.

On this point, it is important to note that the Ohio Constitution, like the U.S. Constitution protects the right of citizens to keep and bear arms. Arguably, the new state law is merely enforcing that Constitutional right.

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3 Comments

  1. If I could re-write the 2nd Amendment to the U.S. Constitution, this is precisely what I would love to see:

    “We, the people of the United States, in order that we shall have the right to preserve a State free for all races, shall achieve this end by the use of less-lethal weaponry only for our continued survival as human beings. This free State entails our personal self-defense as well as our right to our food consumption. In keeping with current government law, if we so choose to possess a less-lethal weapon (be it either upon our persons or within our private homes), we are obligated to store these aforementioned weapons plus any ammo relating to its use in a manner which will serve to protect the welfare of a minor child. To further secure our persons, we have the right to wear bullet-proof body armour, plus live in bullet-proof houses as well as drive bullet-proof vehicles.”

    Comment by Badthing_1 — March 15, 2007 @ 3:26 pm
  2. Trying to come up with some other response here, but all I can think of is, are you high?

    No, I understand, you are a rational, but ignorant and naive idealist. That’s OK, so long as you are never actually allowed to make decisions effecting other peoples lives.

    The second amendment has a very clear, and very important purpose. All men have the right to defend themselves from harm or opression; through whatever means necessary up to and including lethal force; be it by other individuals, or by the state. No law may take away that right. No society may say that right is invalid, unnecessary, or “uncivilized”.

    That right is fundamental to our nature as sentient persons.

    The second amendment recognizes that right, and specifically limits the governments ability to attempt to infringe upon it.

    Some may say that such a right is unnecessary; they are wrong. If you want proof you need not look far.

    The only thing that ensures against genocide, is an armed, and educated populace. The Warsaw ghetto should be all the example you ever need.

    Comment by Chris — March 15, 2007 @ 5:42 pm
  3. Chris you are correct sir, Think of a world without firearms, Thats cool with me but until that day I will stick to my rite as an American. Besides I always practice peace thru well you know the rest, A very wise man once said The AK-47 is like a socket set, Better to have one and not need it, than to not have one and need it. you always need more than one.

    Big warm and fuzzy hugs to all the 2nd Amendment haters, If that goes than you will lose the rest. Rethink your position because an unarmed populace are slaves,

    Comment by Tom — March 15, 2007 @ 8:40 pm

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