The Ohio Senate passed Senate Bill 278 on April 15, voting 24-9 along party lines to approve legislation that would increase penalties for municipalities enacting local gun ordinances in violation of state law.
Supporters say the measure is significant because it aims to enforce Ohio’s preemption laws, which prevent cities from creating their own firearm regulations. The bill allows residents to sue cities for punitive and monetary damages if local governments attempt to ignore or bypass state rules regarding firearms.
Senate Bill 278 was sponsored by Sen. Terry Johnson and is backed by Buckeye Firearms Association. Jim Samuel, legislative affairs director at Buckeye Firearms Association, said, “Enacted in 2007, ORC Section 9.68 clearly states that cities cannot create their own gun laws based on home rule. Specifically, a political subdivision can not regulate firearms, their components, ammunition, or knives. The Ohio Supreme Court even ruled that the state’s preemption law is valid, saying ‘R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.'”
Under current Ohio law, individuals affected by city ordinances related to firearms can bring civil actions against those municipalities seeking damages or other remedies paid by the city itself. The proposed amendment strengthens these provisions by including punitive or exemplary damages as potential consequences for violations.
Dean Rieck, executive director of Buckeye Firearms Association, said: “It’s time we put a stop to Ohio cities ignoring established law and continuing to pass their own gun regulations. We have thoroughly litigated this issue. The Ohio Supreme Court has ruled for us and against cities twice, and yet some cities, including Columbus, have defied the court. This bill will make this egregious behavior painful and expensive for lawbreaking cities and their grandstanding leaders.” The bill now moves on to consideration in the Ohio House of Representatives.
Buckeye Firearms Association describes itself as an organization advocating for individuals’ rights to own and use firearms legally according to its official website. Its efforts are concentrated in Ohio according to its official website, where it provides alerts about laws affecting gun rights according to its official website as well as updates on related legislation and training opportunities according to its official website. As a grassroots entity focused on firearm rights according to its official website, Buckeye Firearms Association continues centering activities within the state according to its official website.
The broader impact of SB 278 could affect how local governments approach firearm regulation across Ohio should it become law.
