Friday, October 12, 2018

Ohio Supreme Court Proposes More Firearm Restrictions, Public Comments Allowed



Buckeye Firearms has highlighted a case of judicial activism in Ohio.

The Ohio Supreme Court is proposing to change the rules on the confiscation and return of firearms in Ohio, particularly in cases involving orders of protection.

 Sean Maloney, a firearms attorney, has written an analysis of the proposed changes in the rules in Ohio.  Many of the rules make changes that the Ohio legislature specifically refused to implement.  From Sean Maloney's analysis:

Accordingly, Appellate Courts have consistently held that, an order to surrender firearms to police absent a “sufficient nexus,” is an abuse of discretion when no evidence exists that the Respondent to a Civil Protection Order had ever threatened to use, used, or brandished a firearm.  Butcher v. Stevens, 182 Ohio App.3d 77, 2009-Ohio-1754, 911 N.E.2d 928, ¶17 (4th Dist.). 

Therefore, at a minimum, before the Ohio Courts can restrict, limit or deprive a Respondent of their Second Amendment Rights, the Court first must specifically find that there is “substantial nexus” between the Respondent to a Civil Protection Order’s conduct, and the firearms restriction imposed by the Court order. Absent that finding, a Respondent to a Civil Protection Order’s constitutional right to keep and bear arms shall not be restricted. See for example the proposed amendment to Form 10.01-I, page 3 of 6 provision 13, DOMESTIC VIOLENCE CIVIL PROTECTION ORDER (DVCPO) FULL HEARING
 The full analysis lists several major changes in firearms law in Ohio, that will, in effect, be enacted if the Supreme Court changes the procedural rules as proposed.

This is how one branch of government can create major changes in the law without any vote by the legislature.

Buckeye firearms organization is urging Ohio residents to comment on the proposed changes. From buckeyefirearms.org:
Deadline for public comment is Oct. 12.

To comment and demand that these proposed changes not be enacted, email objections to: diana.ramos-reardon@sc.ohio.gov Include your full name and mailing address in any comments submitted by e-mail.
State organizations often are more tuned into potential administrative changes than are national organizations, such as the NRA.

Buckeye Firearms Association has been one of the more active state organizations in the nation.



©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

Paul Weber said...

Translation: Ohio Supreme Court: "We must come up with 'gobbledygook legal phraseology' that allows us to take people's arms for no real reason."