Madison, WI prosecutors drop charges filed against gun rights activists after open carry incident

Buckeye Firearms Foundation-supported civil rights lawsuit against city alive and well

On Monday, Sept. 27, 2010, Buckeye Firearms Association informed readers about the arrest of five members of Wisconsin Carry Inc., a state firearms rights group in Wisconsin, who were legally open carrying in their local Culvers restaurant when a dreaded "man with a gun" call was made to the local police. We announced an effort by the Buckeye Firearms Foundation to help the Wisconsin five pay for legal fees to fight the charges against them, to which BFF had already committed $2500 in matching funds.

Buckeye Firearms supporters responded immediately. By the end of the following day, more than twice the original goal of $2500 was raised, and on Wednesday Sept. 29 a check for $7,500 was mailed to Wisconsin Carry Inc.

That same day, Wisconsin Carry, Inc filed a Federal lawsuit against the City of Madison and Madison Police Chief Noble Wray. (A copy of this lawsuit is available here.)

The Milwaukee Journal-Sentinel reported recently that prosecutors have dismissed disorderly conduct charges issued against the five gun rights activists.

From the article:

"The only disturbance created on that Saturday evening was by a mass of uniformed Madison police officers and squads arriving to investigate law-abiding citizens having dinner," said Christopher Van Wagner, a defense attorney hired by Wisconsin Carry, Inc. to defend the men.

According to Nik Clark, president of the group, the Madison City Attorney's office on Thursday informed Wagner and Wisconsin Carry of its decision to dismiss the citations against all five men.

While the bogus charges against these men have been dropped, our friends at Wisconsin Carry Inc. are pleased to report that their civil rights lawsuit is still alive and well.

Buckeye Firearms Foundation joins SAF-led coalition in amicus re: Colorado carry case

BELLEVUE, WA – The Second Amendment Foundation has been joined by 17 other firearms rights groups in an amicus brief filed in a case now before the Tenth Circuit Court of Appeals, challenging laws that prohibit the carrying of firearms by law-abiding non-resident U.S. citizens in Denver, Colorado.

NRA: Buckeye Firearms Foundation win over City of Cleveland "a long-awaited and major victory for Ohio gun owners"

Fairfax, Va. -- Today, the Cuyahoga County Court struck down the City of Cleveland's scheme of restrictive gun laws still on the books despite Ohio law, which clearly prohibits such municipal gun ordinances. The Court ruled in favor of gun owners in the National Rifle Association-supported case of Buckeye Firearms Foundation, Inc. v. City of Cleveland.

Court Orders Cleveland to Stop Enforcing Local Gun Control

"Cities are out of the firearm regulation business."
- Ken Hanson, Dec. 12, 2006, following the veto-override of Gov. Taft on Ohio's Statewide Preemption Law (HB347)

Cuyahoga County Common Pleas Judge Brian Corrigan has ordered Cleveland to stop any enforcement of 19 separate local gun control ordinances, effective immediately.

Buckeye Firearms Foundation is the lead Plaintiff in the case, which was filed in early 2009. In the interim, Cleveland sued the State of Ohio in an attempt to have the state's firearm laws declared an unconstitutional usurpation of a city's home rule authority. In December 2010, the Ohio Supreme Court entered final judgment against Cleveland, ruling (for a second time) that the state's laws were valid.

The Cleveland ordinances invalidated dealt with gun registration, owner I.D. cards, assault weapon bans, limits on firearm dealers within city limits, possession of firearms in parks and other public places, seizure and destruction of firearms, storage of firearms, reporting theft of firearms and concealed carry of firearms.

Judge Corrigan wrote, "R.C. 9.68 clearly invalidates any and all municipal ordinances regulating 'the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition.'" Judge Corrigan set July 7, 2011 as a hearing on Buckeye Firearm Foundations request for mandatory attorney fees. The Ohio Supreme Court has already upheld the validity of the mandatory attorney fee provision.

Announcing the Buckeye Firearms Foundation Gun Show and Auction

Buckeye Firearms Foundation, a 501(C)(3) dedicated to advancing and defending firearm rights, is pleased to announce our first gun show and auction.

There will be a huge number of guns plus shooting and reloading supplies, books, knives, and collectibles for sale.

When: Saturday, November 13, 2010, 10AM


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