ARNOLD v. CITY OF CLEVELAND

No. 92-105.

67 Ohio St.3d 35 (1993)

ARNOLD ET AL., APPELLANTS, v. CITY OF CLEVELAND, APPELLEE.

Supreme Court of Ohio.

Decided August 11, 1993.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Richard M. Markus, Daniel F. Gourash and David C. Tryon, for appellants.

Danny R. Williams, Director of Law, Kathleen A. Martin, Chief Assistant Director of Law, and Michael A. Dolan, Assistant Director of Law, for appellee.

Scott R. Mote, urging reversal for amici curiae, League of Ohio Sportsmen, Law Enforcement Alliance of America, American Federation of Police, Ohio Gun Collectors Association, Jews for the Preservation of the Second Amendment, Heartland Institute, Ohio Women, and Ohio Rifle and Pistol Association.

Keating, Muething & Klekamp and Richard L. Creighton, Jr., urging reversal for amicus curiae, Congress of Racial Equality, Inc.

Stefan B. Tahmassebi; Porter, Wright, Morris & Arthur, Richard M. Markus, Daniel F. Gourash, David C. Tryon and K. Bradley Mellor, urging reversal for amicus curiae, National Rifle Association of America.

Warhola, O'Toole, Loughman, Alderman & Stumphauzer and Sally Drews Brodbeck, urging reversal for amicus curiae, Ohio Constitution Defense Council.

Dan L. Ferguson, urging reversal for amici curiae, Larry G. Beaver et al.

Jones, Day, Reavis & Pogue, Erwin N. Griswold and Edwin L. Fountain, urging affirmance for amici curiae, Fraternal Order of Police of Ohio, Inc., Fraternal Order of Police Cleveland Lodge, Ohio Association of Chiefs of Police and Center to Prevent Handgun Violence Legal Action Project.

Dennis A. Henigan and Judith Bonderman, urging affirmance for amicus curiae, Center to Prevent Handgun Violence Legal Action Project.

Ulmer & Berne, Michael N. Ungar, Marsha I. Paley and Kimberly Brown Schroeder, urging affirmance for amici curiae, Handgun Control Federation of Ohio, Inc. and Ohio Chapter of the American Academy of Pediatrics.

Lee I. Fisher, Attorney General, Theresa Rittinger Schaefer, Andrew S. Bergman and Robert A. Zimmerman, Assistant Attorneys General, urging affirmance for amicus curiae, Ohio Attorney General.


DOUGLAS, J.

The underlying issue in this appeal concerns the constitutionality of an ordinance which bans the possession and sale of "assault weapons" in the city of Cleveland. Appellants challenge this legislation on essentially two grounds. First, appellants contend that the ordinance is an overbroad restriction on their constitutional right to bear arms and defend themselves and, thus, is in violation of Sections 1 and 4, Article I of the Ohio Constitution. Second...

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