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Ohio Supreme Court to hear Columbus gun restrictions case
The Ohio Supreme Court on April 2 agreed to hear two parts of a lawsuit involving the city of Columbus' unlawful gun regulations.
The case, John Doe et al v. City of Columbus et al, revolves around the city's illegal gun ordinances passed in fall 2022.
City attorney Zach Klein had asked the high court in January to review the case after a lawsuit filed in Delaware County challenged the city's ordinances, which are in violation of Ohio's preemption law (ORC 9.68).
Columbus City Council had passed two ordinances — one banning magazines with more than 30 rounds and one requiring that firearms be stored in such a way that keeps children from accidentally gaining access to them.
The Buckeye Institute filed a request in Delaware County for a temporary injunction after a Fairfield County judge ruled that the city could move forward with its ordinances.
Delaware County Judge David M. Gormley granted the injunction request in April 2023 and rebuked the city for overstepping its authority.
Columbus leaders' hypocrisy: We won't follow law, but you must follow ours
Columbus appealed the decision and had been enforcing their restrictions against the residents of Columbus.
However, the Buckeye Institute asked for the appeal to be dismissed and for the preliminary injunction to be reinstated. On Nov. 30, Ohio's Fifth District Court of Appeals did just that.
Chief Justice Sharon Kennedy accepted the case. The court will decide whether the city's ordinances should remain blocked while the lawsuit challenging their legality continues.
Buckeye Firearms Association Executive Director Dean Rieck said the high court settled the matter in 2010 in Cleveland v. State, adding that he has every reason to believe justices will eventually again rule that Ohio's preemption laws are indeed constitutional, rendering Columbus' ordinances null and void.
"Columbus has gone from being wrong on the law to just being ridiculous," said Rieck. "The Ohio Supreme Court has already ruled on preemption, which is the law that says cities can't pass their own gun control laws. Period.
"The only reason I can imagine Columbus continues to pursue this issue is the hope that the court will flip Democrat in November and they may get a different ruling on preemption. That's not likely."
Stay tuned.
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