BFA responds to ruling allegedly diminishing Ohio preemption law power

Ohio maintains solid support for the Second Amendment — and it has some of the better firearms laws. The Buckeye State's preemption laws are largely responsible for that. The other day, Cam Edwards of Bearing Arms recently reported on a lawsuit that targeted Ohio’s preemption law:

The cities of Columbus and Cincinnati sued the state over another provision in HB 228 that strengthened Ohio’s firearm preemption laws and allowed for financial damages to be awarded to plaintiffs who sued municipalities over local gun control ordinances that were in place in violation of state law, arguing that the provision intruded on home rule powers and “stands in the way of specific legislative steps that the city seeks to take to protect their cities from gun violence.”

As part of the initial lawsuit, the cities requested a temporary injunction that would halt enforcement of HB 228, but for the next three years Franklin County Common Pleas Judge Stephen. L. McIntosh never issued a ruling on that request. A couple of weeks ago Columbus City Attorney Zach Klein filed another lawsuit, this one against the judge, asking the state Supreme Court to compel McIntosh to make a decision. The state’s highest court hasn’t yet weighed in, but Klein announced today that he’s dropping the lawsuit because McIntosh has finally released his opinion ... and ruled in favor of the cities.

Edwards noted that although he isn't an attorney, he’s baffled by the ruling, saying that “the state firearms preemption statute is unambiguous in laying out the no-go areas for cities when it comes to gun legislation. If a city like Columbus can violate state law without suffering any sort of consequences, then that effectively ends firearm preemption; a statute that the state Supreme Court has already decided comports with the home rule authority in the state constitution.”

Buckeye Firearms Association weighed in on the opinion, telling people to not get too worked up about what was ruled on. Dean Rieck, BFA's executive director, said Klein "is being irresponsible when he says otherwise,” regarding the actual ruling.

“He was recently quoted in a news story, saying ‘An assault weapon ban is something that the city of Columbus can now consider, and I would support that.’ But this ruling does not simply wipe away preemption and he knows that,” Rieck said, referring to a WBNS-10TV story:

“An assault weapon ban is something that the city of Columbus can now consider and I would support that,” said Klein.

Klein said things like mandating gun safety locks would also be considered. He said whatever is decided will be a decision that will include the mayor, city council, and the police chief.

“Starting with something as simple as a lock box we couldn’t even prior to this legislation even have this conversation that’s how devoid of common sense these laws out of that statehouse are,” he said.

Rieck said Klein is being inauthentic considering the opinion Klein seems to be celebrating.

From the Law and Analysis section of the opinion:

In its Motion for Preliminary Injunction, the City argues that Am. Sub. H.B. 228 and R.C. 9.68 are unconstitutional because they infringe on the City’s right to exercise its zoning powers, under C.C.C. 3332.02, to prohibit a firearms manufacturing plant from locating in a residential neighborhood. The City asserts that the General Assembly has expressly prohibited the City from passing any zoning regulations related to firearms, including where a firearms manufacturer might locate.

Furthermore, it's spefically about zoning:

The Court agrees that R.C. 9.68 unconstitutionally infringes upon the Plaintiff’s right to exercise its zoning powers. Paragraph (D) specifically permits municipalities to regulate the sale (emphasis added) of firearms, firearm components or ammunition for firearms in areas zoned for residential or agricultural uses. It does not specifically grant municipalities zoning to limit gun manufacturing in areas zoned residential and agricultural.

We've pointed out repeatedly that these cities' leaders surely know ORC 9.68 is constitutional and valid law, as the Ohio Supreme Court has ruled. Yet Columbus and other cities keep trying to skirt state law, and their taxpayers end up paying for it.

“Any city that attempts to ignore Ohio’s preemption law will be challenged in court,” Rieck said. “We will not sit by idly and watch Ohio devolve into a patchwork of conflicting gun laws as we had two decades ago."