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Ohio Gun Group Eyes Suit over Cleveland Proposal

W&G News by W&G News
January 8, 2019
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The Buckeye Firearms Association (BFA) is threatening legal action against the city and mayor of Cleveland if that municipality adopts a wide-reaching set of gun regulations proposed by Mayor Frank Jackson in June. Those proposals, would, if adopted:

• Require “gun offenders” to register with the city’s public safety department within five days of either being released from prison, or within five days of moving to Cleveland. The offender would have to re-register every four years, under the proposal; • Authorize police to seize a gun from someone who has been drinking, disturbing the peace, threatening harm and the officer has reasonable cause to believe the deadly weapon may be used; • Prohibit the purchase or acquisition of more than one firearm during a period of 90 days; • Prohibit the “negligent sale” of a firearm to someone who can’t legally own one; • Prohibit leaving a gun within access of someone less than 18 years old; • Punish failure to report gun sales or ownership transfers to Cleveland police; • Prohibit the marketing, display or sale of “facsimile firearms;” • Require gunowners to report a lost or stolen firearm within 48 hours of when he/she should have known the firearm was missing; • Allow people to turn in “illegal firearms” with no questions asked thus not risking prosecution for possessing a firearm illegally, and • Outlaw the sale of brass knuckles or advanced martial arts weapons to anyone other than law enforcement.

In a lengthy discussion about the mayor’s proposals, BFA Secretary Chad Baus noted, “BFA President Jim Irvine and Legal Chair Ken Hanson let reporters know in no uncertain terms—if the city passes new gun control in violation of state law, we will sue. “And we will win,” he added, “just as we won our last suit against the city, filed in 2009 after city officials had unlawfully continued to enforce 19 separate gun control ordinances in violation of state law. The state Supreme Court has ruled in our favor on this matter— twice.”

There is also language in the proposed 31-page ordinance outlawing “long-bladed pocket knives,” along with “pea shooters,” tear gas guns and “stench bombs.” Violations would be considered first-degree misdemeanors. If the ordinance is adopted, Cleveland could be in for trouble, because other gun rights organizations in the state are rumored to also be preparing a legal fight. They have court precedent on their side

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Women & Guns is the World's First Firearms Publication dedicated to women. Providing the latest news, reviews, legal perspectives, and training information for shooting enthusiasts since 1989.

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