Cincinnati’s Big Plan To Get Sued Into Oblivion

neighborhoods united cincinnati

A group called Neighborhoods United Cincinnati has presented the Queen City with its grand plan to reduce “gun violence” (other forms of violence are apparently still cool). Those looking for a big payday probably hope the city actually tries to implement this part of the plan as summarized in the news story.

Review, restructure, tighten and implement strict gun safety and ownership laws.

  • Within one year, the city will join 13 other states and enforce mandatory universal background checks, regardless if the seller is licensed or unlicensed.

Since TTAG readers are not idiots, you can probably see the problem with that. Interestingly, when you go to the kNUCkleheads’ actual plan document, you’ll see that item is a misquote.

What it actually says is:

Action 6.5: Review, restructure, tighten and implement strict gun safety and ownership prevention laws.

“Ownership prevention”?* Oh, my.

This band of community organizer bozos seems to have missed the fact that the state of Ohio preempts local firearms regulation, O.R.C. 9.68.

Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, including by any ordinance, rule, regulation, resolution, practice, or other action or any threat of citation, prosecution, or other legal process, may own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture, or keep any firearm, part of a firearm, its components, and its ammunition. Any such further license, permission, restriction, delay, or process interferes with the fundamental individual right described in this division and unduly inhibits law-abiding people from protecting themselves, their families, and others from intruders and attackers and from other legitimate uses of constitutionally protected firearms, including hunting and sporting activities, and the state by this section preempts, supersedes, and declares null and void any such further license, permission, restriction, delay, or process.

(B) A person, group, or entity adversely affected by any manner of ordinance, rule, regulation, resolution, practice, or other action enacted or enforced by a political subdivision in conflict with division (A) of this section may bring a civil action against the political subdivision seeking damages from the political subdivision, declaratory relief, injunctive relief, or a combination of those remedies. Any damages awarded shall be awarded against, and paid by, the political subdivision. In addition to any actual damages awarded against the political subdivision and other relief provided with respect to such an action, the court shall award reasonable expenses to any person, group, or entity that brings the action, to be paid by the political subdivision, if either of the following applies:

I suppose they could claim to be a home rule city empowered to pass their own additional restrictions. But… that didn’t work out so well for Cleveland when they sued the state, trying to keep their own local gun laws.

R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.

That was back in 2010. Neighborhoods United Cincinnati must be having trouble with long term memory loss are are unfamiliar with the use of internet search engines.

As of this writing, neither Cincinnati Mayor John Cranley nor NUC Chair Brian Garry have responded to questions about this plan. I’m left to wonder if they are even aware of O.R.C. 9.68.

Will they support a tax increase to cover any lawsuit payouts if they go ahead with the NUC plan? Exactly how, especially considering the SCOTUS Haynes ruling, would they persuade gang members and other criminals to submit to background checks for they guns they steal? Life’s full of little mysteries.

 

* Should they go forward with this, I’m sure plaintiffs will introduce this document as evidence of deliberate intent to violate the Second Amendment.

comments

  1. avatar Kenneth Phillips says:

    If gun ownership is a civil right, then these people need to charged with conspiracy to deprive gun owners of their civil rights.
    A few of these dimwits going to jail will pull a stop to this crap.

    1. avatar Alan says:

      The possibilities of your suggestion are absoluterly fascinating.

      1. avatar 9x39 says:

        As are the limit’s of law concerning your personal actions when subject to the deprivation of rights. Esp. under color of law. Fascinating indeed.

    2. avatar frank speak says:

      just an attempt to garner votes and push an agenda…little risk involved until they actually try to enforce it…

    3. avatar Debbie W. says:

      Since Gun Control is Rooted in Racism and Genocide it appears Cincinnati may be the HQ for racists and nazis…What Filth.

  2. avatar Jimmy Beam says:

    The contortions liberals and the left will go through to not admit the obvious. There’s a philosophical precept out in the world called Occam’s Razor. All things being equal, the simplest explanation is the best. The truth? There are some people that just have no respect for others’ rights. Intervene with those people to solve the problem.

    But that’s just “racist.” Can’t have that!

  3. avatar Shire-man says:

    Ownership prevention.
    If it weren’t got the logic lol’s and comical world-play the left would have no value whatsoever.

  4. avatar Ing says:

    “Gun ownership prevention.” At least some of them are finally being honest about it.

    1. avatar SAFEupstateFML says:

      Honest lefties can be some dangerous people to be around.

  5. avatar Garrison Hall says:

    Progressives tend to think of these kinds of changes as “aspirational” which is political shorthand for we-know-this-is-unconstitutional-but-we-want-to-do-anyway.

  6. avatar Umm . . . says:

    The preemption statute is remarkably comprehensive and well written, except it should have included civil and/or criminal penalties for infringing INDIVIDUALS as well as the political subdivision.

    1. avatar Geoff "Ammo. LOTS of ammo..." PR says:

      Florida had that in their pre-emption statute…

      1. avatar Umm . . . says:

        Most excellent. Does it contain a provision for drawing and quartering?

  7. avatar A. C. says:

    “Action 6.5: Review, restructure, tighten and implement strict gun safety and ownership prevention laws.”

    Many state and federal prosecutors fail to prosecute convicted felons caught with a gun or who use a gun in another crime for the criminal possession of a gun. If more strict enforcement of existing gun laws prohibiting convicted felons from possessing a gun were as far as it went, then it wouldn’t be a bad thing. But I don’t think that’s what they mean by “gun ownership.”

  8. avatar Green Mtn. Boy says:

    Sue Cincinnati and any other un Constitutional city or state Into Oblivion,as most are unlivable chit holes to start with.

  9. avatar Geoff "Ammo. LOTS of ammo..." PR says:

    “This band of community organizer bozos seems to have missed the fact that the state of Ohio preempts local firearms regulation, O.R.C. 9.68.”

    It’s the same here in Florida.

    Does that stop them? Noooooooooooooooooooooooooooooooooooo!

    Petitions are circulating to strike firearm law preemption from the state’s constitution, so each Democrat-run city is free to enact their own ‘common-sense gun safety’ laws, including outright bans, magazine capacity limitations, etc, etc, and whatever else they can think of next.

    Imagine the possibilities! 🙁

    1. avatar Guns save lives says:

      Watch out! They have already eliminated firearm pre-emption laws in Virginia!

    2. avatar possum says:

      Kinda like the Earp’s posting no gunms in city limits, then killing anybody who exercised their constitutional right, the 2a has been infringed for quite sometime.

  10. avatar JACK says:

    H.L Mencken once said something akin to, liberals do not want everyone to think as they do , they want everyone to act as they say
    Constitutionality is then just a big word

  11. avatar We need class action lawsuits against any and all that aim to infringe on our Gun rights says:

    Come and take it, if you go to the right house you’ll never try it again!!!%

    1. avatar anonymous4goodreason says:

      Well, class action, you’re right. They’ll just declare you an enemy of the state and a terrorist and nuke you from space. It’s the only way to be sure!

  12. avatar Tom Bombadil says:

    I would not have asked them any questions about their plan. You don’t interrupt your enemy when they are making a mistake.

  13. avatar Pete says:

    Politicians like this kind of actions because they get free publicity, and if they lose, the taxpayers get to foot the bill.

  14. avatar MikeJH121 says:

    Here in Cincinnati, it is as Mark Twain once said, “When the end of the world comes, I want to be in Cincinnati because it’s always twenty years behind the times.” But eventually even stupid gets here. They can’t “trump” state laws. So it’s a non starter. They get listened to because…demonrats. Just like other single or small groups in their basements, they send out press release or tweet and it fits with the media’s agenda group-think, so it gets news. Dems here like everywhere are morons. But thye keep getting elected. Yet they are surrounded by the “burbs” that usually have Repub’s. They can’t even get funding for the streetcar, but they love to listen to their fellow morons.

  15. avatar BOBO says:

    hit-em with 50,000 law suits at the same time, Line them up and fill the court system for years!
    Don’t cave into any ‘class action’
    sue one case/person at a time and kill the city with legal fees one buck at time!

  16. avatar Chris Morton says:

    I enjoy OFCC standing there smiling with those big prop settlement and judgment checks.

  17. avatar Debbie W. says:

    Off topic…It appears some of the open border, illegal immigrant, replenish the ranks, dirty diaper democRats have an issue with Melania’s, “accent.” Step out of line or off the plantation and democRat slave masters must vent or their heads would explode. The hypocrite democRat Party is so low they have to look up to see down.

    TRUMP/PENCE 2020.

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