Buckeye Reporter

An appeals court panel ruled on June 26 that Ohio's preemption laws on gun control are valid and that Cincinnati officials cannot disregard them. The three-judge panel in the Court of Appeals First Appellate District of Ohio overturned Hamilton County Common Pleas Judge Jennifer Branch's September ruling, thereby maintaining the preemption law.

The Ohio Supreme Court had affirmed the constitutionality of the state's preemption law, ORC 9.68, in 2010. However, major cities in Ohio have continued to challenge this ruling with their own gun ordinances.

Judge Pierre H. Bergeron authored the opinion, with Judge Marilyn Zayas concurring in judgment only and Judge Candace Crouse dissenting. "On balance, as we consider the four preliminary injunction factors, they weigh in the state’s favor," Bergeron wrote. "We thus conclude that the trial court abused its discretion in granting the City’s request for a preliminary injunction of Amended R.C. 9.68."

Dean Rieck, executive director of Buckeye Firearms Association, praised the appeals panel but noted that further legal battles are expected. "Ohio decided long ago that gun laws should be set at the state level and only the state level," he said. "This case will undoubtedly be appealed all the way up to the Ohio Supreme Court."

Rieck argued that allowing cities to pass their own gun laws would create confusion due to inconsistent regulations across different jurisdictions within Ohio.

According to WLWT News 5, hearings for this case are scheduled for September back in Judge Branch's courtroom.