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Local Prof Reacts to Gun Ban Decision

Thursday, June 26, 2008 at 8:05 PM

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Yesterday's Supreme Court decision striking down a strict ban of handguns in the nation's capitol will have little impact in Cleveland - that's according to Law Director Robert Triozzi. But a local law professor says it does have implications in the long term. ideastream®'s Bill Rice has more.

While cities with handgun bans around the country are decrying the Supreme Court decision, Ohio is way ahead of the game.  Under a state law enacted in 2007 cities cannot pass gun laws that are stricter than state laws - a measure struck down bans on assault weapons in Cleveland, Shaker Heights and other Ohio cities.  That law is far more limiting than the federal ruling, says case Western Reserve University professor Jonathan Adler.  He says the crucial point of the ruling is that it establishes gun ownership as an individual right, and where it may become relevant in Ohio is if lawmakers in Columbus should tighten gun restrictions at the state level, or again allow municipalities to go farther than state measures. 

Adler:  The fact that an individual right is at issue means that there will be more scrutiny, that courts will ask governments to justify the nature of the bans at issue or the regulations at issue.

Cleveland is challenging the Ohio law in state court, arguing that it violates cities’ right to home rule.

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Government/Politics, Courts/Crime - Fire/Law Enforcement

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