Buckeye Reporter

A Franklin County judge has ruled that Ohio's state law takes precedence over local gun control ordinances, marking a setback for cities like Columbus that have sought to implement their own regulations. The decision, issued by Judge Mark Serrott on August 19 in the case City of Columbus v. State of Ohio (Case No. 23 CV 003555), upholds the state's authority to maintain uniform firearm laws across Ohio.

The central issue in the case is Ohio Revised Code 9.68, also known as the Firearms-Uniformity Law. This law was enacted through HB 347 in 2006 with support from Buckeye Firearms Association and has been effective since 2007. It requires that all firearm-related regulations—including those governing ownership, possession, purchase, transport, storage, and sale—be consistent throughout the state.

Despite an earlier court order to stop such measures, Columbus City Council passed new gun control ordinances in December 2022. These included a ban on magazines capable of holding more than 30 rounds and requirements for storing firearms within homes.

In April 2023, a Delaware County judge blocked enforcement of these ordinances, finding them unlawful. The city appealed but was unsuccessful.

Columbus continued its legal efforts against state preemption of gun laws, arguing that Ohio's statute violates the home rule provision of the state constitution. Two related cases remain active in Delaware and Franklin counties.

Judge Serrott stated: “The Supreme Court of Ohio has held twice now that the Firearms-Uniformity Law is a general law that is constitutional and does not violate the home rule amendment of the Ohio Constitution.”

Dean Rieck, executive director of Buckeye Firearms Association, commented on ongoing efforts by cities to challenge state law: “I wish I could say that taking this matter to the Ohio Supreme Court would stop cities from trying to regulate firearms,” Rieck said. “But the court has ruled twice on this issue and effectively told cities to stop the nonsense. But it hasn't worked. Maybe we need to strengthen the law again and include serious penalties for violating 9.68 that will make city leaders more hesitant to break state law.”

Buckeye Firearms Association has indicated it will continue to address these legal challenges as they arise.