Ohio AWB Lawsuit
In Columbus, a city council candidate is challenging the city’s recently passed assault weapons ban:
A City Council candidate sued to challenge the city’s recently approved ban on assault weapons that led the National Rifle Association to move its 2007 convention out of Columbus.
Republican Phil Harmon, a lawyer who represented bar owners in their failed quest to overturn the city’s smoking ban, wants a court to prevent the assault-weapons ban from taking effect. He filed the lawsuit Wednesday in Franklin County Probate Court.
The ban that Democrat-controlled City Council adopted July 11 prohibits the sale or possession of semiautomatic rifles with pistol grips and detachable magazines. It is scheduled to go into effect Aug. 11.
Harmon said Thursday the assault-weapons ban is flawed because it has no provision allowing people to sell or transfer weapons to relatives if they die or need a guardian.
“So an executor of an estate who comes into possession of an assault weapon could be exposed to criminal prosecution,” Harmon said. He filed the lawsuit in probate court because it has jurisdiction over the settlements of estates.
Federal lawsuits successfully overturned two previous attempts by Columbus to ban assault weapons, which tried to outlaw specific models. Cleveland, Dayton and Toledo are among the Ohio cities with some kind of weapons ban.
Third time’s the charm, I guess.
Update: Just realized that was the 2,000th post on guns for this blog. Maybe I need a new hobby?
August 25th, 2005 at 10:54 am
I keep wondering why none of the people challenging local gun control laws ever voice the argument that state and local authorities have no standing to legislate in the matter. The Second Amendment makes it a Federal matter, and the prohibition against infringement is absolute — i.e., not limited to Congressional action. No entity may infringe upon the RKBA. Period. End of discussion. QED. BAM! And that’s the that about that.
Not to mention that, if memory serves (it’s been 30+ years since I studied this in 5th grade civics class), the Ohio constitution also affirms RKBA.
M
August 25th, 2005 at 11:00 am
Because the second amendment is typically ignored. In fact, I read somewhere that there is case law that says the 2nd only applies to the feds, whereas every other amendment in the BOR doesn’t.
August 25th, 2005 at 7:24 pm
Not every other, just most. AFAIK courts have refused to incorporate the grand jury indictment clause, and the Seventh Amendment right to a civil jury trial.