The Buckeye Institute filed a lawsuit on Thursday against the city of Columbus to protect the rights of Ohioans to keep and bear arms.
The filing follows the adoption of Ordinance 3176-2022 by the Columbus City Council, which forbade the use of certain firearm magazines in violation of Ohio law and the U.S. and Ohio constitutions.
“The Ohio Constitution and the U.S. Constitution explicitly protect our right to keep arms for our defense and security, and Ohio’s general assembly has passed laws to prevent just this type of local government infringement on these rights. Yet, the city of Columbus insists on infringing on Ohioans’ fundamental right to keep and bear arms to protect ourselves,” David C. Tryon, director of litigation at The Buckeye Institute and an attorney on the case said.
The Columbus City Council passed the ordinance in December 2022, making it unlawful to own a gun magazine that holds 30 or more rounds of ammunition by 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.
The Columbus City Council claimed it was addressing the crime issue when it passed the ban on “large capacity magazines,” but it did not mention any misuse of these magazines in Columbus or provide any justification for how it would do so.
The Buckeye Institute is representing five Central Ohio residents in Doe v. Columbus who aren’t named since the ordinance has rendered their once-legal possession of the forbidden magazines illegal. This includes:
- A former National Firearms Association instructor, who is a senior citizen and is well versed in safe firearms handling and usage, including firearms accepting magazines holding 30 rounds or more of ammunition;
- An owner of a rifle that is kept for self-defense and which has a 30-round magazine;
- A person who is confined to a wheelchair due to a disability and who cannot easily reload a firearm when defending against home invasions;
- A former social worker who is Muslim has a firearm for self-defense and security in the face of rising incidents of anti-Muslim discrimination and hate crimes; and
- An African-American woman who, after an assault, purchased a firearm that uses a 30-round magazine for her protection.
According to the lawsuit, the ordinance violates Ohio law, which the Ohio Supreme Court has twice upheld against home rule challenges, and “unequivocally requires uniform firearms laws in the State of Ohio.” The lawsuit also argues the ordinance violates the due process clause in the Ohio Constitution and Article I, Section 4 of the Ohio Constitution.
“Columbus City Council has once again tried to circumvent our clients’ rights, along with the rights of all law-abiding Ohioans, by enacting excessive and improper restrictions on the right to keep and bear arms—threatening jail time for those who don’t comply. These constitutional violations must be declared null and void,” Tryon said.
Ohio Gun Owners leader Chris Dorr told The Ohio Star that his organization support The Buckeye Institute’s “good work.” Dorr also mentioned that Ohio Gun Owners is making strides towards preventing this from happening in other regions of Ohio going forward.
“Ohio Gun Owners fully supports the good work the Buckeye Institute is doing in filing suit to bring the tyrants at the city of Columbus to heel. To add to their good work, Ohio Gun Owners is looking at a legislative solution to beef up Ohio’s preemption statute under (Ohio Revised Code) 9.68 to make sure that Columbus or any other rogue actors can never do this again,” Dorr told The Star.
The Buckeye Firearm Association also voiced its support to The Star of The Buckeye Institute’s action against the city of Columbus.
“Buckeye Firearms Association fully supports the Buckeye Institute’s action against the city of Columbus over their illegal and unconstitutional gun laws. Ohio established “preemption” 16 years ago to forbid cities from passing their own gun laws and turning the state into a patchwork of confusing and conflicting regulations. The Ohio Supreme Court has twice ruled on this matter and it has been settled law for years. Leaders in Columbus know this and are wasting taxpayer dollars on political virtue signaling,” Executive Director Dean Rieck told The Star.
Doe v. Columbus is pending with the Delaware County Court of Common Pleas.
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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]
