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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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Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

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NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Friday, May 29, 2026

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Today, May 29th, marks the last day of the Florida special session. HB 7031-E received final passage and will soon be transmitted to Governor's desk for his consideration. 

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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.