Ohioans for Concealed Carry, Inc. v. City of Cleveland

90 N.E.3d 80, 2017 Ohio 1560
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedApril 27, 2017
DocketNo. 104970
StatusPublished
Cited by5 cases

This text of 90 N.E.3d 80 (Ohioans for Concealed Carry, Inc. v. City of Cleveland) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohioans for Concealed Carry, Inc. v. City of Cleveland, 90 N.E.3d 80, 2017 Ohio 1560 (Ohio Super. Ct. 2017).

Opinion

SEAN C. GALLAGHER, J.:

{¶ 1} Before this court is an appeal and cross-appeal from the trial court's order that granted in part and denied in part the parties' competing motions for summary judgment, which order disposed of the claims in the case. Upon review, we affirm in part, reverse in part, and remand the matter to the trial court for a hearing on attorney fees, for further proceedings with regard to the mandamus action, and to comply with the mandate herein.

Background

{¶ 2} In April 2015, the city passed local firearm legislation that was codified in various sections of Chapter 627 of the Cleveland Codified Ordinances. The city's aim was to "match state law and to increase regulations that limit discharge of weapon, increase awareness regarding the presence of weapons in school zones, promote law enforcement officer safety and most importantly will keep weapons out of the hands of children."

{¶ 3} In response, on April 21, 2015, plaintiffs-appellants Ohioans for Concealed Carry, Inc. ("OFCC") and Danny L. McIntosh ("McIntosh") (collectively "OFCC")

*84filed a complaint for injunction, declaratory judgment, and mandamus against defendants-appellees, city of Cleveland and Barbara A. Langhenry, in her official capacity as the director of the Cleveland Department of Law. OFCC sought (1) to have the newly enacted Cleveland Codified Ordinances ("C.C.O.") deemed unconstitutional for violating R.C. 9.68 and to recover the fees and costs of bringing the suit, (2) to enjoin the expenditure of public funds to implement the alleged unlawful provisions, and (3) mandamus to compel the release of certain records pursuant to Ohio's public records law, R.C. 149.43.

{¶ 4} After discovery, both OFCC and the city moved for summary judgment. Upon considering the ordinances at issue, the trial court ruled that three of the ordinances were unlawful and that the others were valid, that the mandamus action failed pursuant to the statute of limitations, and that McIntosh does not have standing to pursue a taxpayer suit.1 Following the trial court's decision, OFCC filed an appeal and the city filed a cross-appeal.2

{¶ 5} Many of the challenges raised on appeal concern the validity of the subject ordinances and whether they violate R.C. 9.68. R.C. 9.68 provides:

(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.

{¶ 6} In Cleveland v. State , 128 Ohio St.3d 135, 2010-Ohio-6318, 942 N.E.2d 370, ¶ 1, the Ohio Supreme Court held that " R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority." As recognized in the Cleveland case:

"A general law has been described as one which promotes statewide uniformity." Ohio Assn. of Private Detective Agencies, Inc. v. N. Olmsted (1992), 65 Ohio St.3d 242, 244, 1992-Ohio-65, 602 N.E.2d 1147. "Once a matter has become of such general interest that it is necessary to make it subject to statewide control as to require uniform statewide regulation, the municipality can no longer legislate in the field so as to conflict with the state." State ex rel. McElroy v. Akron (1962), 173 Ohio St. 189, 194, 19 O.O.2d 3, 181 N.E.2d 26.

Cleveland at ¶ 12.

{¶ 7} In enacting R.C. 9.68, the General Assembly " 'express[ed] its intent for statewide comprehensive handgun possession *85laws' " and its intent " 'to provide uniform laws throughout the state' for firearm ownership and possession." Cleveland at ¶ 24, quoting Ohioans for Concealed Carry v. Clyde , 120 Ohio St.3d 96, 2008-Ohio-4605, 896 N.E.2d 967, ¶ 41 ; and R.C. 9.68(A). " R.C. 9.68 addresses the General Assembly's concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another." Cleveland at ¶ 35. However, "that intent 'does not trump the constitutional authority of municipalities to enact legislation pursuant to the Home Rule Amendment, provided that the local legislation is not in conflict with general laws.' " Clyde at ¶ 29, quoting Am. Fin. Servs. Assn. v. Cleveland , 112 Ohio St.3d 170, 2006-Ohio-6043, 858 N.E.2d 776, ¶ 31.

{¶ 8} Pursuant to the Home Rule Amendment to the Ohio Constitution, "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." Article XVIII, Section 3. "Therefore, a municipal ordinance must yield to a state statute if (1) the ordinance is an exercise of the police power, rather than of local self-government, (2) the statute is a general law, and (3) the ordinance is in conflict with the statute." State ex rel. Morrison v.

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Cite This Page — Counsel Stack

Bluebook (online)
90 N.E.3d 80, 2017 Ohio 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohioans-for-concealed-carry-inc-v-city-of-cleveland-ohctapp8cuyahog-2017.