Gun advocates stage open carry demonstration

James Purdy brought a big sign and a big gun to Public Square to protest Cleveland's new gun ordinance. Purdy has an AR-15 strapped to his back. His sign is from NE Ohio Carry.

(Lynn Ischay/The Plain Dealer)

CLEVELAND, Ohio -- A Cuyahoga County judge ruled that some of Cleveland's new gun control laws violate the state constitution, but left intact a controversial gun offender registry that drew the ire of gun-rights groups.

Common Pleas Judge Shirley Strickland-Saffold ruled Monday that three of Cleveland's laws enacted in April 2015 violated a state law that gives state legislators preemptive control over gun laws, including a provision that allowed police officers to confiscate guns.

The ruling came after Ohioans for Concealed Carry filed a constitutional challenge against the ordinance just days after it was passed by city council.

Jeff Garvas, president and founder of the concealed carry group, said that the ruling corroborates his organization's claim that the ordinance was passed in the face of a prior Ohio Supreme Court ruling against the city six years ago.

"Her ruling cites three cases where the City of Cleveland passed ordinances that are unconstitutional," Garvas said. "The City of Cleveland has been told three times now that they're not allowed to do this, twice by the Supreme Court."

Parts of the new gun ordinance that were upheld include:

A rule that prohibits leaving a firearm where it can be accessed by someone under the age of 18.

A provision that requires people who aren't gun dealers to report the sale of guns or weapons

The law that requires gun owners to report lost or stolen firearms to the city,

A requirement that gun offenders self register with the city.

A provision that requires police to be notified if a gun is found on school property.

A ban on the negligent transfer of firearms to someone who is intoxicated or is a convicted felon (state law already prohibits reckless transfer).

An increased penalty for failing to secure a dangerous ordnance, such as an explosive material or device.

The four provisions that were overruled:

A new, stricter definition of automatic weapons.

The prohibition of shooting a firearm within 500 feet of a park, playground, or recreation center.

A provision allowing police to seize a gun from someone drinking, disturbing the police, threatening bodily harm or causing a disturbance or violence.

A provision prohibiting the defacing of identification marks on firearms or the possession of defaced firearms a misdemeanor; it is already a felony under state law.

Cleveland Mayor Frank Jackson boosted the ordinance when it was passed last spring, saying it would help keep illegal guns out of criminals' hands.

Garvas said he isn't concerned about many of the provisions of the law that were upheld and echoed City Councilman Zack Reed's comments last year that the ordinance was meaningless and largely replicates laws that the state has already passed.

A Reed was the sole member of city council who voted against the new ordinance and equated the measure to giving a flu shot to a gunshot victim.

"Registration, even if it remains law, it serves no preventative purpose," Gravas said. "All it is is keeping a record of people who committed a crime, and you can find that record already at the clerk of court's office. All it is, is window dressing on an urban crime problem."

City of Cleveland spokesman Dan Ball said the registry has been in effect since November and is incumbent upon convicted gun offenders registering themselves either after they are released from prison, or when they move to the city.