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By Associated Press
POSTED: 07:06 a.m. EST, Jan 29, 2008
COLUMBUS: Attorney General Marc Dann asked the Ohio Supreme Court on Monday to throw out the city of Clyde's challenge to a state law allowing people to carry hidden guns.
The city's wish to ban concealed weapons in parks puts the entire state law at risk, according to a legal brief filed by Dann's office.
The state Legislature refined Ohio's concealed-carry law in 2006 to prohibit communities from enacting restrictions tougher than state law. Then-Gov. Bob Taft vetoed the bill, but the Legislature overrode his veto.
Clyde, about 40 miles southeast of Toledo, instituted its ban on concealed weapons in its city parks before the law was passed and was challenged by Ohioans for Concealed Carry. A trial court upheld the ban, but after the new law was passed, the 6th Ohio District Court of Appeals struck the ban down, sending it to the Supreme Court.
Dann, who represents the state in the case, said Clyde's claim that the state's home-rule law gives it the right to the ban is wrong.
''The concealed carry law is a matter of statewide concern, requiring a comprehensive scheme that allows all citizens to know their rights throughout the state. It is not a matter of purely local self-government,'' Dann wrote in the filing. ''It (the court) should reject Clyde's attempt to replace the state law with a patchwork of city-based laws around Ohio.''
Dann said if the Clyde ban is upheld, other parts of the law could face challenges. The new law also wiped municipal bans on assault weapons off the books and allows Ohioans to carry hidden guns in their cars.
COLUMBUS: Attorney General Marc Dann asked the Ohio Supreme Court on Monday to throw out the city of Clyde's challenge to a state law allowing people to carry hidden guns.
The city's wish to ban concealed weapons in parks puts the entire state law at risk, according to a legal brief filed by Dann's office.
The state Legislature refined Ohio's concealed-carry law in 2006 to prohibit communities from enacting restrictions tougher than state law. Then-Gov. Bob Taft vetoed the bill, but the Legislature overrode his veto.
Clyde, about 40 miles southeast of Toledo, instituted its ban on concealed weapons in its city parks before the law was passed and was challenged by Ohioans for Concealed Carry. A trial court upheld the ban, but after the new law was passed, the 6th Ohio District Court of Appeals struck the ban down, sending it to the Supreme Court.
Dann, who represents the state in the case, said Clyde's claim that the state's home-rule law gives it the right to the ban is wrong.
''The concealed carry law is a matter of statewide concern, requiring a comprehensive scheme that allows all citizens to know their rights throughout the state. It is not a matter of purely local self-government,'' Dann wrote in the filing. ''It (the court) should reject Clyde's attempt to replace the state law with a patchwork of city-based laws around Ohio.''
Dann said if the Clyde ban is upheld, other parts of the law could face challenges. The new law also wiped municipal bans on assault weapons off the books and allows Ohioans to carry hidden guns in their cars.
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