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CLEVELAND v. STATE

No. 2009-2280.

128 Ohio St.3d 135 (2010)

2010-Ohio-6318

THE CITY OF CLEVELAND, Appellee, v. THE STATE OF OHIO, Appellant.

Supreme Court of Ohio.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Robert J. Triozzi , Cleveland Law Director, and Gary S. Singletary , Assistant Law Director, for appellee.

Richard Cordray , Attorney General, Benjamin C. Mizer , Solicitor General, David M. Lieberman , Deputy Solicitor, and Pearl M. Chin , Assistant Attorney General, for appellant.

McNamee & McNamee, P.L.L., Cynthia P. McNamee , and Michael P. McNamee , urging affirmance for amicus curiae city of Englewood.

Bingham McCutchen, L.L.P., William F. Abrams , Karen Lu , and Christopher Chang ; and David Cannon , urging affirmance for amici curiae Legal Community Against Violence, Ohio Coalition Against Gun Violence, Brady Center to Prevent Gun Violence, Coalition to Stop Gun Violence, States United to Prevent Gun Violence, Violence Policy Center, Ohio State University Youth Violence Prevention Advisory Board, National Council of Jewish Women Cleveland Section, Ohio State Public Affairs of the National Council of Jewish Women, Toledo Area Ministries, Toledo Police Patrolman's Association, city of Akron, city of Cincinnati, city of Columbus, city of East Cleveland, city of Parma, city of Shaker Heights, and village of New Albany.

Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron , Rebecca K. Schaltenbrand , and Stephen J. Smith ; and John Gotherman , urging affirmance for amicus curiae Ohio Municipal League.

Lydy & Moan, Ltd., Daniel T. Ellis , and Frederick E. Kalmbach , urging reversal for amicus curiae National Rifle Association of America, Inc.

Wildman, Harrold, Allen & Dixon, L.L.P., and James B. Vogts ; and Lawrence G. Keane , urging reversal for amicus curiae National Shooting Sports Foundation, Inc.

LUNDBERG STRATTON, J.

{¶ 1} Today this court must decide whether R.C. 9.68, a statute enacted by the General Assembly in 2006 that provides that only federal or state regulations can limit an Ohioan's individual right to bear arms, is a general law. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.

I. Procedural History...

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