City of Cleveland v. State

923 N.E.2d 183, 185 Ohio App. 3d 59
CourtOhio Court of Appeals
DecidedNovember 12, 2009
DocketNo. 92663
StatusPublished
Cited by4 cases

This text of 923 N.E.2d 183 (City of Cleveland v. State) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Cleveland v. State, 923 N.E.2d 183, 185 Ohio App. 3d 59 (Ohio Ct. App. 2009).

Opinion

Colleen Conway Cooney,

Administrative Judge.

{¶ 1} Plaintiff-appellant, the city of Cleveland, appeals the trial court’s grant of summary judgment to defendant-appellee, the state of Ohio, on the city’s declaratory-judgment action. Finding merit to the appeal, we reverse the trial court’s grant of summary judgment to the state and direct that the trial court enter summary judgment for the city, thereby declaring R.C. 9.68 unconstitutional.

{¶2} This case arose in March 2007, when the city filed a complaint for declaratory judgment challenging the constitutionality of R.C. 9.68. The National Rifle Association (“NRA”) and Ohioans for Concealed Carry (“OCC”) moved to intervene as defendants and to bring cross-claims against the city, alleging that local firearm ordinances were unconstitutional.

{¶ 3} In July 2007, both the city and the state moved for summary judgment. The trial court denied the NRA’s and OCC’s motions to intervene, denied the city’s motion for summary judgment, and granted the state’s motion for summary judgment.1 The trial court found that based upon the Ohio Supreme Court’s holding in Ohioans for Concealed Carry v. Clyde, 120 Ohio St.3d 96, 2008-Ohio-4605, 896 N.E.2d 967, R.C. 9.68 is constitutional and does not violate the Home Rule Amendment of the Ohio Constitution. The court found that R.C. 9.68 was a “general law that is part of a comprehensive statewide legislative enactment.” It also found that Sub.H.B. No. 347 did not violate the single-subject rule and that the General Assembly did not abuse its legislative power in enacting the law.

{¶ 4} The city appeals, raising three assignments of error for our review.

Factual and Procedural Background

{¶ 5} In December 2006, the Ohio General Assembly passed Sub.H.B. No. 347, entitled “Firearms-Conceal Carry Licenses.” The bill addressed 23 statutes, amending 22 concealed carry and concurrent penalty provisions and enacting a new statute, R.C. 9.68, which asserted that only federal or state regulations could limit Ohioans’ individual right to bear arms. But at the time, the city had already enacted several ordinances regulating firearms, including Cleveland Codified Ordinance (“C.C.O.”) 627.08, possession of firearms by minors; C.C.O. 627.09, possessing deadly weapons on public property; C.C.O. 627.10, possessing certain weapons at or about public places; C.C.O. 627A.02, access to firearms, prohibiting children access to firearms; C.C.O. 628.03, unlawful conduct, prohibiting possession and sale of assault weapons; and C.C.O. 674.05, registration of handguns. The Ohio Supreme Court had upheld the constitutionality of the ordinance [62]*62dealing with assault weapons. Arnold v. Cleveland (1993), 67 Ohio St.3d 35, 616 N.E.2d 163.

Law and Analysis

{¶ 6} In its first assignment of error, the city claims that the trial court erred in denying its motion for summary judgment and granting summary judgment for the state because R.C. 9.68 violates the Home Rule Amendment of the Ohio Constitution.

{¶ 7} We must first observe the strong presumption that all statutes are constitutional. State v. Bloomer, 122 Ohio St.3d 200, 2009-Ohio-2462, 909 N.E.2d 1254, ¶ 41, citing State v. Carswell, 114 Ohio St.3d 210, 2007-Ohio-3723, 871 N.E.2d 547, ¶ 6, citing Desenco, Inc. v. Akron (1999), 84 Ohio St.3d 535, 538, 706 N.E.2d 323. Thus, the city bears the burden to demonstrate beyond a reasonable doubt that R.C. 9.68 is unconstitutional. Id., citing State v. Ferguson, 120 Ohio St.3d 7, 2008-Ohio-4824, 896 N.E.2d 110, ¶ 12; State v. Williams (2000), 88 Ohio St.3d 513, 521, 728 N.E.2d 342.

{¶ 8} R.C. 9.68 states:

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

A. The Home Rule Amendment and “General Laws”

{¶ 9} Section 3, Article XVIII of the Ohio Constitution is known as the Home Rule Amendment and states as follows:

Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.

[63]*63{¶ 10} In short, municipalities may exercise police and other powers so long as they do not conflict with “general laws.” Here, the city seeks a declaratory judgment that R.C. 9.68 is unconstitutional because it is not a general law and attempts to curtail the city’s police powers.2 The city argues that with Sub.H.B. No. 347 and its new provision R.C. 9.68, the state did not enact a comprehensive scheme to regulate firearms. The city concedes that Ohio maintains a comprehensive scheme to regulate the concealed carrying of firearms but not to regulate firearms altogether. The state counters that reading R.C. 9.68 together with Sub.H.B. No. 347 demonstrates a comprehensive scheme to regulate firearms. We find the city’s argument more persuasive.

{¶ 11} We begin our analysis with a definition of the term “general law.” A general law must (1) be part of “a statewide and comprehensive legislative enactment,” (2) “apply to all parts of the state alike and operate uniformly throughout the state,” (3) establish “police, sanitary, or similar regulations, rather than purport only to grant or limit legislative power of a municipal corporation to set forth police, sanitary, or similar regulations,” and (4) “prescribe a rule of conduct upon citizens generally.” Canton v. State, 95 Ohio St.3d 149, 2002-Ohio-2005, 766 N.E.2d 963, syllabus (“the Canton test”).

{¶ 12} In Clyde, 120 Ohio St.3d 96, 2008-Ohio-4605, 896 N.E.2d 967, the Ohio Supreme Court recently considered the OCC’s home-rule challenge to the city of Clyde’s ordinance banning deadly weapons in city parks, alleging that it conflicted with a general law created in H.B. No. 12, which created a licensing system for the carrying of concealed handguns. In that case, the Ohio Supreme Court examined R.C.

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Related

City of Cleveland v. State
2010 Ohio 6318 (Ohio Supreme Court, 2010)
Cleveland v. State
928 N.E.2d 736 (Ohio Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
923 N.E.2d 183, 185 Ohio App. 3d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cleveland-v-state-ohioctapp-2009.