City of Cleveland v. Broyles

Robert J. Triozzi, Judge.

This matter is before the court on defendant Deon Broyles’s motion to dismiss the pending charge on grounds that the ordinance under which the charge was brought is unconstitutionally vague on its face. The defendant has been charged with a violation of the Access to Firearms Ordinance, an alleged violation of Cleveland Municipal Code 627A.02, which prohibits a person from leaving a firearm where a child is able to gain access to it. The city of Cleveland alleges that on or about June 29, 1996, the defendant placed a 9mm handgun in the cushion of the couch at his home…