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.