Demonstrating why we need 347 Cincinnat vs. Baskin
Pity for Baskin this ruling was made now. The lowly SKS seems to be an assault weapon.......sigh. Tim
http://www.buckeyefirearms.org/article3421.html
OH Supremes: Cincinnati gun ban ''not in conflict'' with state law
Decision regrettable but not unexpected
Buckeye Firearms Association announced today that they regret the Ohio Supreme Court’s unanimous decision in the Cincinnati vs. Baskin case, upholding that city’s assault weapon ban. However, the decision was not unexpected and the preemption language in H.B. 347 addresses every one of the Court’s criteria as set forth in the Baskin opinion. The reason the preemption language was changed between the “dash 1” version and the “dash 2” version that ended up passing was in anticipation of this decision.
“There was hope that the ‘conflict by implication’ analysis the Court made in the predatory lending cases would allow the Baskin case to succeed, but we always recognized a weakness with the case was that the court was faced with competing levels of prohibitions,” said Ken Hanson Esq., Legislative Chair of Buckeye Firearms Association. “The preemption language in H.B. 347 was changed to address this problem by making an affirmative grant of the right, meaning the Court’s analysis has already been accommodated. The Baskin decision has no impact on H.B. 347 and, in fact, makes the road map clearer for post-H.B. 347 litigation with municipalities.”
For further information:
OSC Opinion Summary
Associated Press
Cincinnati Enquirer
Columbus Dispatch
Pity for Baskin this ruling was made now. The lowly SKS seems to be an assault weapon.......sigh. Tim
http://www.buckeyefirearms.org/article3421.html
OH Supremes: Cincinnati gun ban ''not in conflict'' with state law
Decision regrettable but not unexpected
Buckeye Firearms Association announced today that they regret the Ohio Supreme Court’s unanimous decision in the Cincinnati vs. Baskin case, upholding that city’s assault weapon ban. However, the decision was not unexpected and the preemption language in H.B. 347 addresses every one of the Court’s criteria as set forth in the Baskin opinion. The reason the preemption language was changed between the “dash 1” version and the “dash 2” version that ended up passing was in anticipation of this decision.
“There was hope that the ‘conflict by implication’ analysis the Court made in the predatory lending cases would allow the Baskin case to succeed, but we always recognized a weakness with the case was that the court was faced with competing levels of prohibitions,” said Ken Hanson Esq., Legislative Chair of Buckeye Firearms Association. “The preemption language in H.B. 347 was changed to address this problem by making an affirmative grant of the right, meaning the Court’s analysis has already been accommodated. The Baskin decision has no impact on H.B. 347 and, in fact, makes the road map clearer for post-H.B. 347 litigation with municipalities.”
For further information:
OSC Opinion Summary
Associated Press
Cincinnati Enquirer
Columbus Dispatch