Gun Rights Attorney Derek DeBrosse on NRA News

Gun rights attorney Derek DeBrosse will be speaking on NRA news tonight (December 29, 2010) at 9:40 PM Eastern time. The discussion will focus on the recent Cleveland case and the case Derek has filed for his client OFCC against the city of Campbell.

Cleveland Case Decided - Cleveland Loses!

Today the Ohio Supreme Court released its opinion in Clevland v. Ohio, 2010-Ohio-6318. The case originated when the City of Cleveland brought suit against the State of Ohio for its "pre-emption" statute under Revised Code 9.68 of Ohio law. The Ohio Supreme Court held that 9.68 is, in fact, constitutional and does not infringe on local municipality constitutional rights. The issue had already been decided in Ohioans for Concealed Carry v. City of Clyde, yet the City of Cleveland decided to take the matter up once again.

As general counsel for Ohioans for Concealed Carry my office has been eagerly anticipating this decision. Currently Ohioans for Concealed Carry is arguing an ancillary issue to 9.68 in the County of Mahoning. Stay tuned for further updates.

NJ Man Set Free by NJ Governor on Weapons Violation.

A New Jersey Man was set free recently after being convicted of violating NJ's barabaric gun restrictions. Brian Atkin was convicted in a NJ court for violating the state's firearm transportation provision - the Judge sentenced him to 7 years in prison. Governor of NJ, Chris Christie, granted Mr. Aitken's clemency application and now the case moves up the appeals ladder to vindicate Mr. Aitken's name.

Ohioan's should also be aware of some of our state's more nuanced laws, especially those concerning the trasnportation of firearms in a motor vehicle. If you are intending to travel with your firearms and are unsure or unaware of what the Ohio law says about transporting guns in cars please call my office to set up a consultation.

The Business of Firearms

As an Ohio Gun Law Attorney and business attorney I often assist my clients with simple liability protection. If you or someone you know are considering the prospects of starting a business in this industry (for instance as an NRA instructor) it is imperative you have counsel who understands not only the federal licensing requirements but also some basic pitfalls from a planning perspective. My office offers several options for the small business owner - from a monthly fee agreement to a flat rate incorporation and liability protection service I am here to assist you grow your business.

Disabled or Not?

As an Ohio Gun Lawyer I routinely keep abreast of case law across the state. A fellow attorney recently sent to me the case of State v. Marinko Thomas. Ohio Revised Code 2923.13 prohibits individuals in the State of Ohio from owning firearms if they have been convicted of ANY crime involving a drug of abuse. Historically this includes crimes from possession of small amount of marijuana to paraphernalia crimes. This has always caused great challenges for law enforcement officers and law abiding citizens who simply made bad decisions in their youth. Cuyahoga County Judge Brian Corrigan, however, ruled in the above case that the law is unconstitutional as it fails to serve a compelling governmental interest. My office has routinely assisted individuals facing such charges and is available to discuss such disability if the need shall arise. Contact my office today for a consultation on this and many other gun related matters.