I'm not sure what to make of this, is this a good thing??


CLEVELAND, OH (WOIO) - The Cleveland City Council has passed a complete rewrite of the city's gun laws and created a new gun offender registry to help prevent gun violence.

"Today's vote is the culmination of a long process involving collaboration between my administration and City Council," said Cleveland Mayor Frank G. Jackson. "With this legislation, it is a step in the right direction for the City of Cleveland."

"Law enforcement members now have another tool to attack the problem of gun violence and make Cleveland a safer place," said Jackson.

The Jackson Administration has worked together on the proposed legislation with City Council President Kevin Kelley and Chairman of the Public Safety Committee Matt Zone at great length.

"Gun violence has taken far too many lives in our community," said City Council President Kevin Kelley. "The City of Cleveland has acted aggressively to address this issue."

"The Public Safety Committee welcomes this legislation and the conversations that it will prompt to help address this high priority issue in our city," said Councilman Matt Zone, Chairman of the Public Safety Committee.

The legislation repeals the City of Cleveland's existing codified ordinances in Chapter 627 Weapons and Explosives and replace it with new laws addressing specific violence prevention needs in the City of Cleveland and laws that would mirror existing state gun laws, with appropriate municipal level offenses and penalties.

In addition, the current Chapter 628 (assault weapons ban) would be repealed and replaced with legislation to create a gun offender registry.

"The gun offender registry is a new tool to help law enforcement officers understand where individuals convicted of a gun offense are living in the City of Cleveland," said Chief of Police Calvin D. Williams. "Add this information to our crime data analysis and partnerships like VGRIP (Violence Gun Reduction and Interdiction Program) and we will have a greater ability to address gun violence."

Summary of Proposed New Gun Ordinances

CHAPTER 627 WEAPONS

627.01 Definitions: Definitions revised to mirror state law.

627.02 Carrying Concealed Weapons

Like state law, this section prohibits carrying a concealed deadly weapon or handgun and makes it an offense for persons with a concealed handgun license to (1) fail to inform a law enforcement officer that the person is carrying a concealed handgun; (2) fail to keep the persons hands in plain sight when stopped by a law enforcement officer; or (3) fail to comply with any lawful order of the law enforcement officer.

627.04 Using Weapons While Intoxicated

Like State law, this section prohibits the carrying or use of a firearm while under the influence.

627.05 Improperly Handling Firearms in a Motor Vehicle

Like state law, this section prohibits transport of a firearm in a motor vehicle unless certain requirements have been met and complied with.

627.06 Failure to Secure Dangerous Ordnance

Like state law, this section requires person in possession of dangerous ordnance to secure it against theft and to insure the safety of persons and property.

627.07 Improperly Providing Access to Firearms to a Minor

This section makes it an offense to leave a firearm in a manner that allows access to the firearm by a person under 18 years of age.

627.08 Underage Purchase of Handgun

This section mirrors misdemeanor offenses in state law and prohibits persons under 21 from purchasing a handgun.

627.09 Improperly Discharging a Firearm on or near Prohibited Premises

Similar to state law, this section prohibits the discharge of a firearm (1) at or within 100 yards of a cemetery; (2) on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a school, church, or inhabited dwelling, the property of another, or a charitable institution; (3) over a public road or highway; or (4) within five hundred feet of the grounds of any park, playground, or recreation center owned by the City.

627.10 Prohibited Weapons on School Property; Duty to Notify Police

This section requires any school official to notify the Police upon discovery of a prohibited weapon on school grounds.

627.11 Possessing Certain Weapons at or About Public Places

Like state law, this section prohibits any person from carrying or possessing a BB gun, pellet gun, knife, brass knuckles, cestus, billy, karate stick, blackjack, or sword in a public place.

627.12 Seizure and Confiscation of Deadly Weapons

This section authorizes police to seize a deadly weapon in any situation where a person has been drinking, disturbing the peace, threatening harm and the officer has reasonable cause to believe the deadly weapon may be used.

627.13 Reporting Transfers of Firearms

This section prohibits the sale or transfer of a firearm without reporting the sale or transfer to the Division of Police.

627.14 Defacing Identification Marks of Firearms; Possessing Defaced Firearm

Like state law, this section prohibits (1) alteration of the name of the manufacturer, the serial number or other mark of identification on a firearm; or (2) possession of an altered firearm.

627.15 Unlawful Transactions in Weapons

This section prohibits the manufacture, sell, or possession for sale to any person other than a law enforcement officer weapons such as brass knuckles, knives and advanced martial arts weapons.

627.16 Prohibition Against Transferring Firearms or Dangerous Ordnance to a Felon or Intoxicated Person

This section prohibits any person from negligently selling or furnishing a firearm to any person prohibited from having such weapons

627.17 Voluntary Surrender of Firearms and Dangerous Ordnance

This section allows any person with an illegal handgun to dispose of it by turning it in to a district police station without making any written statement and allows a person who possesses a firearm while under a weapons disability to avoid prosecution by reporting the possession to any law enforcement authority and surrendering the firearm.

627.18 Reporting Lost or Stolen Firearms

Effective November 1, 2015, this section requires persons that reside in the City to report to police the theft or loss of a firearm within 48 hours of the time he/she know or should have known of the theft or loss.

627.19 Facsimile Firearms

This section (1) prohibits the display, market for sale, or sale of a facsimile firearm; (2) prohibits brandishing a facsimile firearm with intent to frighten a person; and, (3) prohibits brandishing a facsimile firearm in the presence of a law enforcement officer, fire fighter or EMT.

627.20 Conveyance or Possession of an Object Indistinguishable from a Firearm in a School Safety Zone

Like state law, this section prohibits the possession or brandishing of an object indistinguishable from a firearm in a school safety zone.

OTHER WEAPON PROHIBITIONS

627.21 Sale of Long-Bladed Pocket Knives

627.22 Sale or Possession of Sling Shots and Pea Shooters

627.23 Unlawful Display of Weapons

627.24 Possession or Use of Stench Bombs

627.25 Tear Gas Guns

627.26 Containers or Combustibles

627.27 Jump Traps

CHAPTER 628 GUN OFFENDER REGISTRY

Effective November 1, 2015, this new chapter requires a gun offender that resides in the City, after the effective date of this section, to register with the Safety Director within 5 days of either release, or the imposition of a sentence, or within 5 days of becoming a resident if the offender did not live in the City at the time registration would have been required. Offender must register annually for a period of four years.

Ohioans for Concealed Carry filed suit today

So this is in response to it?

You would think the "offender" was a rapist...

627.13 Reporting Transfers of Firearms

This section prohibits the sale or transfer of a firearm without reporting the sale or transfer to the Division of Police.

Sounds just peachy

I wonder if that also means out of state sales??

Does Ohio have state preemption  laws that don't allow gun laws passed by cities to be legal?

Yes they had a similar bill tossed a few years back iirc.

Not sure.  Probably means the most restrictive interpretation they can come up with.

In  2010 or thereabouts, Cleveland sued ohio attacking the statewide preemption law, apparently forgetting the ohio Supreme Court had already upheld it in a case Ohioans for Concealed Carry brought against the City of Clyde.  Naturally the court upheld it again.  Then apparently, Cleveland got stoned and forgot about its own case, which upheld the preemption law, and passed a bunch of garbage anyway.

 

Who cares.


ORC 9.68 Uber Alles

I had remembered something a few years back that Ohio did and it had been challenged and lost which is why this thread about Cleveland surprised me.

Glad to hear it. Apparently these busybodies enjoy losing in court.

This is the truth.  Nothing but a feel good piece of legislation that has no legal footing.  They can tell everyone how dedicated they are to safety and preventing gun violence without actually putting more cops on the streets or educating people.

Yes, Ohio has statewide preemption of gun control laws, Cleveland will lose the lawsuit again.  They know that; this is political chess, they are doing this to rile up anti-gun voters and get them upset about statewide preemption.  We need to remind people why statewide preemption is a good thing.  Just arguing "we have preemption therefore this law is null and void" isn't enough, we have to convince people this law is still a good thing.

ORC 9.68 Right to bear arms - challenge to law.

Ohio carry rights group sues Cleveland over gun control legislation

9.68 Right to bear arms - challenge to law.

(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.

(C) As used in this section:

(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.

(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(D) This section does not apply to either of the following:

(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.

Effective Date: 03-14-2007

This is why I don't live in Cleveland. Well, One of about hundred reasons.

627.24 Possession or Use of Stench Bombs


!!!!

nooooooooooooooooooooooooooooooo.......................................

I live in Cleveland :)

This makes me feel so good about paying my taxes to these clowns...





They absolutely know that it will go nowhere but they don't care.  It's just like Smallbore says, they get to grandstand about being tough on violence without actually having to deal with drugs, gangs, or having to stop criticizing our police officers for trying to actually make our city safer.



 

I guess they love throwing money at lawyers. Again.

This will be smacked down with a vengeance. Again.

What is so surprising? That they pass UNLAWFUL LAW!
I be leave that if they (city of Cleveland) loses, they have to pay for Ohioans for Concealed Carry
lawyers! I'm I right?
Is there any chance that these bozo could be personally sued or held accountable?
If the money came out of their pocket for these Unconstitutional laws.
They would stop! What do they care? It is tax payers money!!


PITA45

 
Meanwhile my street gets plowed about twice a year, we will still have pot holes from this winter in September, and our taxes no longer cover garbage collection, because the city is broke right? We don't have enough money for these services but we have money to spend on making and then defending laws that violate the state constitution and will not stand (AGAIN).  But the loyal urban Democrats will just keep voting for all of these morons anyway because they have nothing to do with these problems...

Someone is going to have to sue in a class action civil suit, naming each person that voted for the passing of the laws, after the other suit is completed. It's probably going to be the only way to get them A) out of office and B) to stop wasting the City's money.

Remember to donate to OFCC without groups like these, Cleveland would just pass this crap without anyone doing anything but complain on the internet.

Your a braver man than me.