FLASH: Ohio Attorney General files Motion to Dismiss anti-CCW lawsuit

Ohioans For Concealed Carry has learned that Ohio Attorney General Jim Petro's office has filed a Motion to Dismiss a lawsuit filed by gun ban extremist Toby Hoover, which takes the strange approach of asking the Supreme Court to order sheriffs not to perform their duty under the law.

In the Motion, Petro argues that Hoover and her anti-gun attorneys (the Relators) "lack proper standing" before the Ohio Supreme Court with a Writ of Mandamus, and that "the complaint fails to state a claim upon which relief can be granted by this Court."

..."The very fact that they seek a writ of
mandamus ordering public officials to cease and desist from specific activities belies any claim to the extraordinary writ of mandamus. Rather, Relators’ claims are clearly grounded in declaratory and injunctive relief, and this Court has repeatedly held that it does not have jurisdiction to grant such relief."

Indeed, Relators’ reliance upon this Court’s decision in Klein v. Leis, 99 Ohio St.3d 537,
2003-Ohio-4779, is an irony. In Klein, the Attorney General appeared to defend prior statutes regulating the carrying of concealed weapons on the basis that Appellees were asking the court to overturn a legislative regulatory scheme because they did not like the policy choices made by
the Ohio General Assembly. Here, in a fashion similar to the Plaintiffs in Klein, Relators appear before this Court attempting to strike down a legislative choice with which they disagree."

As set forth below, however, Relators’ claims should be addressed in a common pleas court action seeking a declaratory judgment and prohibitory injunction. This Court should reject Relators’ claims to the standing established by Sheward and their complaint should be dismissed."

And that's just the introduction! Click here to download (.pdf file) Ohio Attorney General Jim Petro's 13-page Motion to Dismiss of Proposed Intervenor.

As a side note, it has also been learned that Hoover's anti-gun law firm failed to serve notice to the Attorney General's office that the constitutionality of an Ohio law was being challenged, as is proper courtesy and procedure. Hoover is bring represented by Ulmer & Berne LLP, the same law firm which employs Stephanie Trudeau, a Cleveland lawyer who began shopping an anti-self-defense op-ed just days after the law was passed.

OFCC broke the news that Hoover had filed a lawsuit almost three days before the Associated Press or any other Ohio media. We are pleased to now bring you the news of the Attorney General's response before you can read about it anywhere else.