And the Great American let's continuing out tonight. The Twinkies are in town.
They're in first place in their division in the AL, but they're going to
play the Reds. Eleven games remain at three with the Twinkies and this weekend
three with the Pirates, and on the road at Cleveland at Saint Louis.
Just for fun, the Cardinals owner tried to beat up on the Reds half
a game out of first place, but until then several days ago, Someday
last week, Judge Jennifer Branch, who worked for many years in the ACLU
now on the bench, issued a ruling that the city of Cincinnati can pass
its own own gun legislation. The Second Amendment in a sense normally interpreted by
federal courts has been overtaken now by the city of Cincinnati that wants to pass
its own gun control measures of one type or another. And this isn't a
climate where the State of Ohio passed the law saying that local municipalities cannot pass
their own laws about the Second Amendment to the US Constitution. Joonan and of
course mayor f to have puer of all and others haro at this ruling of
Judge Jennifer Branch, which might be different than the one issued by Judge Melba
Marsh in a different case a few months earlier. So I wanted to sort
things out as to whether or not city council can affect your Second Amendment rights.
Joining you and I now as James Bogan, James Bogan, welcome again
to the Bill Cunningham Show. And first of all, can you inform Tony
Bender as to what Judge Jennifer Branch did and whether the City of Cincinnati can
pass Second Amendment legislation through a city council which is guaranteed to each of us
by the US Constitution. Yes, Judge Branch ruled that Ohio. She issued
a preliminary injunction barring the State of Ohio from using the Fire and Uniformity Law
to block Cincinnati from regulating guns, finding that the state law violate the city's
home rule authority. And the thing about that is, Judge Marsh just a
couple of weeks ago, within the last couple of weeks, Head declared the
city Municipal Code that for weapons of penances void in its entirety with a permanent
injunction. And she also enjoyed the city from enforcing since that Municipal Code nine
fifteen three, which was the safe storage provision, and so the city cannot
enforce Municipal Code nine fifteen But yes, I guess under Judge Branch's ruling they
could pass more laws. So are the two judges both on Commonplace Court have
decisions in conflict, one with the other. Yeah, And there's no doubt
that this is going to reach the Ohio Supreme Court. The Ohio Supreme Court
has twice held that firearms uniformity laws constitusally preempts local ordinances in that and I
mean basically there's been litigation about this law ever from blue cities, ever since
it was enacted. It's basically like a six year old asking the same thing
over and over like in a grown up saying what part of no don't you
understand? So, James Bogan in this case, there's hundreds of cities in
the state of Ohio. So if Judge Branch is correct, you would have
hundreds of Ohio cities having their own gun protection Second Amendment laws in a sense,
violating state law and violating federal law. Wouldn't that be chaos if you
had each city passing their own rules and regulations about guns. Absolutely, the
whole purpose of the Ohio Firearm Uniformity Law is so that law abiding gun owners
do not face a confusing patchwork of licensing requirements, possession restrictions, and criminal
penalty as they travel from city to city. Like if you go from Batavia
or Levin into Cincinnati or Columbus, you don't want to say, Okay,
what laws do I have to follow? Now? Oh wait, this was
good here, but oh it's I'm getting arrested here. So you're saying that
once it gets the real judges and their highs or brain court, they're going
to strike down what Judge Branch did. Is that your guess? Yeah?
I mean the Judge Branch had said in her opinion at over thirty pages that
the amended versions of the law that have been made in the last few years,
which are really just minor changes from what I can see, warranted gave
her the authority to revisit it, and her opinion really cite a whole lot
of crime statistics and such other things. In my opinion, is really something
for the legislature to address. I mean, I found, I found Judge
Branch would be very thoughtful on criminal cases when I was in front of her,
But in this case here, I think it directly conflicts with the Ohio
Supreme Court case law and the first amendment for the firing Uniformy law just clarified
they can't make any rule, ordinance, or regulation, practice resolution, or
other action, nor any threat of citation, prosecution, or other legal process
if it amounts the further license, permission, restriction, delay, or process
that conflicts with state or federal law. And then another small amendment that was
made to add knives to it knives too, So if you have a stake
knife that the home rule aspect of the City of Cincinnati, according to Judge
Branch, wouldn't allow them to legislate or not. Actually no, that was
just from the firing Uniformity law. Knives were covered by it. And so
in this case, she said that the City of Cincinnati City Council that passed
the law about the storage of firearms and about extra penalties for someone on DV
domestic violence that hurts somebody then carries a gun has different aspects than state law
or federal law. And the US Supreme Court ruled many many years ago that
the ability of someone to defend themselves is a personal right, and that you
would think that the decision by the US Supreme Court would trump the decision of
Jennifer Branch, correct exactly, and in the Bruin case. They further added
that the constitutional right to bear arms is not a second class right subject to
an entirely different body of rules other than from other Bill of Rights guarantees.
Okay, So at this point, if you live in the City of Cincinnati,
do you follow what Judge Marsh said, or what Judge Branch said,
or what the Ohio legislature said, or the Ohio Supreme Court said, or
the US Supreme Court said in the Heller case about ten twelve years ago,
which law do you follow or try to follow? Well, Judge Marsh had
declared the City Municipal Code Weapons Offenses segment completely void in its entirety. So
I think if Cincinnati tried to prosecute under City Municipal Code nine fifteen under any
of its provisions, that would get reversed on appeal. And I think ultimately
this is I think if the Ohio Supreme Court follows its case law, I
think this will get struck down. In fact, after pure of all.
The mayor had a news conference in which she said, he's confident that Justice
Joe, Justice Joe Dieters understand the evil of guns being used for wrongful purposes,
and he's confident that Justice Joseph Dieters and Columbus is going to find this
institutional. But by doing so, he'd be overruling other aspects of his own
court who ruled on a similar case many years ago, correct, which is
unlikely Joe Dieters would do that correct, And anyone with Joe Dieters experience,
Justice Joe Dieters experience would know that passing more laws doesn't solve anything if,
in fact, guns do nothing until a wrongdoer picks them up to commit some
criminal act by themselves. Guns sit there as inanimate metal objects, incapable of
doing anything. I'm always amused when the media talks about gun violence as if
guns commit violent acts. Persons use guns to commit violent acts, and you
punish the perpetrator, not some metal object. And so I can't imagine this
is going to fly either on the First District Court of Appeals, which has
by the way, become liberal as opposed to the High Supreme Court, which
remains to be conservative, much less federal court. So you anticipate that down
the road this will be met with some scrutiny. Who's going to appeal this?
Do you have any idea, because someone's got to bring a case.
Well, in this Judge Branch's opinion will be appealed by the Ohio Attorney General's
Office or good friend Dave Yost, and the other case by Judge Marsh would
be appealed by the city. So you think either way it's going to get
eventually get to the Ohio Supreme Court within the next six months to a year.
Yeah. And you know, just back what you said. With the
media making all that stuff about gun violence, when will we they talk?
Makes you wonder how anyone would get out of a gun show or a gun
store alive. Well, basically I had this topic on last night. That
is that the governor of New Mexico, Governor Grissom, has taken away the
ability of a legal person with a concealed carry permit to carry a handgun,
either secreted or publicly because there have been too many murders and al Sburquerque.
So the Sheriff of Albuquerque came out and said, we can't enforce that law
because the judge in this case, the governor cannot by gubernatorial order take away
a person's right to defend themselves, and so she take away other consercial rights
either. I mean, what conscial right are they going on takeaway this week
because of an emergency if you want to go down that road. And even
liberals have said you can't do that, because I can't imagine some citizen when
thirty percent of the police department in Albuquerquey has resigned after the George Floyd protests
and riots. The cops aren't being cops anymore because they cannot be cops.
And so a person's got to defend themselves. And in Heller, it's a
personal right. It's like telling somebody we're having an emergency, you can't go
to church. You might recall it with COVID nineteen, Governor Bashir put armed
Kentucky agents into the driveways of churches to keep people out of church. That
didn't fly either, because that's a fundamental right to practice your religion. But
yeah, our good friend Chris West filed that lawsuit and was successful with it
in northern Kentucky. And Tony Bender lives in Boone County. He was outraged
he couldn't carry his gun at church and so anyway we got to run.
But once again, James Bogan, you're the expert in these matters, and
thank you for coming on the Bill Cunningham Show. Thank you, thank you
always a privilege, Bill, James Bogan, criminal defense Attorney and Moore,
let's continue. News is next in your thoughts at five point three seven four
nine, seven thousand, and the great segment Dennison is coming up in the
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Pup Mike McConnelly Shore as you start your day informed zoos and happy as a
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