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Cleveland Loses Firearm Preemption Case, Leaves Taxpayers to Foot the Bill

Friday, February 2, 2018

Cleveland Loses Firearm Preemption Case, Leaves Taxpayers to Foot the Bill

On Wednesday, the Supreme Court of Ohio refused to hear an appeal by the City of Cleveland to an intermediate appellate court ruling that invalidated several of Cleveland’s gun control ordinances under the Ohio firearm preemption statute. The decision brings to an end a long-running dispute over the validity of the ordinances and represents a major win for the Buckeye State’s gun owners. What’s unlikely to end, unfortunately, is the political grandstanding by Cleveland’s antigun politicians, with Mayor Frank Jackson having previously indicated that “corrective language” for the ordinances has already been proposed to the city council. The case is Ohioans for Concealed Carry, Inc. v. City of Cleveland.

Ohio passed its firearm preemption law in 2006. It states that the “right to keep and bear arms” is a “fundamental individual right” that is “constitutionally protected … in every part of Ohio … .” It also provides for “uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition.” The statute additionally grants those who successfully challenge local ordinances as being in conflict with state law the right to recover costs and reasonable attorney fees for bringing the action.

Cleveland first launched an unsuccessful lawsuit to have the preemption statute invalidated. That effort was rebuffed by the Ohio Supreme Court in 2010.

Nevertheless, in 2015, Cleveland brazenly enacted a slate of local gun control laws that in many cases exceeded the state’s own regulation of firearms. It was the very sort of action prohibited by the state preemption law, and pro-gun Ohioans warned the city that it faced certain legal action if it went ahead with the legislation. Yet council members ignored the warnings, even as they acknowledged the limited utility of the laws. Cleveland.com reported, for example: “Council President Kevin Kelley said that the legislation was not designed to stop gun violence. Rather, it is a reflection of council's values and is good public policy intended to encourage responsible gun ownership.”

That expression of values will now cost Cleveland taxpayer’s dearly, as the city will be responsible for the plaintiffs’ fees and costs in the long-running case.

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Monday, April 13, 2026

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It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

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Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

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Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

Monday, April 13, 2026

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On Saturday, April 11th, the Kansas Legislature adjourned sine die from the 2026 legislative session. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.