OH Supremes: Cincinnati gun ban ''not in conflict'' with state law
Decision regrettable but not unexpected
Buckeye Firearms Association announced today that they regret the Ohio
Supreme Court’s unanimous decision in the Cincinnati vs. Baskin case,
upholding that city’s assault weapon ban. However, the decision was not
unexpected and the preemption language in H.B. 347 addresses every one
of the Court’s criteria as set forth in the Baskin opinion. The reason
the preemption language was changed between the “dash 1” version and the
“dash 2” version that ended up passing was in anticipation of this decision.
“There was hope that the ‘conflict by implication’ analysis the Court
made in the predatory lending cases would allow the Baskin case to
succeed, but we always recognized a weakness with the case was that the
court was faced with competing levels of prohibitions,” said Ken Hanson
Esq., Legislative Chair of Buckeye Firearms Association. “The
preemption language in H.B. 347 was changed to address this problem by
making an affirmative grant of the right, meaning the Court’s analysis
has already been accommodated. The Baskin decision has no impact on
H.B. 347 and, in fact, makes the road map clearer for post-H.B. 347
litigation with municipalities.”
For further information:
OSC Opinion Summary
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