The City of Columbus is trying to implement its gun control laws while a lawsuit filed by The Buckeye Institute to protect the rights of Ohioans to keep and bear arms is being heard.
The city requests that the 10th District Court of Appeals overturns a ruling by a Delaware County judge to temporarily halt a state law that would make it difficult for municipalities to establish specific gun control measures.
Last month, Judge David Gormley granted a preliminary injunction staying the enforcement of the Columbus city gun control ordinance.
The Columbus City Council passed the ordinance in December 2022 despite questions of its legality, making it unlawful to own a gun magazine that holds 30 or more rounds of ammunition to anyone other than a federal or state agent, armed services member, or a member of state or local law enforcement, and mandates firearm storage in the home. Also, it penalizes the straw sales of firearms when someone buys a gun to sell or gives it to someone prohibited from having one.
Following the preliminary injunction, Columbus filed a lawsuit against the state, claiming that it exceeded its power by passing legislation making it difficult for municipalities to establish specific gun control measures.
The lawsuit urges the court to declare that the city’s gun safety ordinances are enforceable and that the state laws restricting the local authority from implementing gun control restrictions is unconstitutional.
According to testimony by Columbus Solicitor General Rich Coglianese, he said he hopes the court rules to overturn the preliminary injunction.
“The City of Columbus will continue to defend its right to decide what kind of gun safety measures work best for us. It’s our hope that the 10th District rules favorably so that police and prosecutors can get back to enforcing the laws and keeping our kids and communities safe,” Coglianese said.
Coglianese told The Ohio Star that the city is prepared to do what is necessary to enforce its new gun control regulations.
“The City is prepared to defend its right to enact and enforce gun safety laws that make sense for us here in Columbus, just as we are in countless other areas of the law. Carving out exceptions because that’s what the NRA (National Rifle Association) wants doesn’t make it constitutional. It simply makes it harder for police and prosecutors to do their jobs,” Coglianese told The Star.
City Attorney Zach Klein echoed Coglianese, saying that Columbus will do what’s necessary to enforce these regulations.
“The City of Columbus will continue to defend its right to enact laws that protect public safety, keep our kids and communities safe, and support police and prosecutors to do their jobs to enforce the laws already on the books and keep guns out of the wrong hands,” Klein said.
According to Buckeye Firearms Association Executive Director Dean Rieck, “The City of Columbus is blatantly flouting both state law and a judge’s orders and the Buckeye Firearms Association will fight Columbus in the court and in the legislature over their renegade ordinances.”
Bethany McCorkle, communications director for Attorney General Dave Yost, told The Star that “local ordinances that violate citizens’ constitutional rights are simply against the law.”
– – –
Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Zach Klein” by Zach Klein.
