Ohio has had a firearms preemption law in place for several decades, though it's repeatedly been challenged by Democrat-run governments in cities like Cleveland and Columbus. Though those efforts haven't been successful, they've cost taxpayers quite a bit of money, and the local ordinances these cities have put in place to mount a legal challenge are meant to have a chilling effect on our right to keep and bear arms.
That's one of the main reasons why SB 278 has been introduced this session. Under the legislation, a "person, group, or entity adversely affected by any manner of ordinance, rule, regulation, resolution, practice, or other action enacted or enforced by a political subdivision" that conflicts with Ohio's preemption law could bring a civil action against the political subdivision seeking damages, including punitive or exemplary damages as well as an injunction preventing the ordinance, etc. from being enforced. If preemption alone isn't preventing Democrat-run cities from trying to implement their own local gun control laws, then maybe punishing them financially will do the trick.
Supporters believe the change is necessary because several municipalities have continued passing gun-related laws and argue that existing penalties are too small to discourage local governments from violating the restrictions.
Jim Samuel of the Buckeye Firearms Association testified before the committee, telling lawmakers that the legislation would “add teeth” to Ohio’s preemption law.
“Cities have proven that they will never abide by this law until they can be held accountable in a way that extracts a more significant price,” he told lawmakers during a hearing in February, citing ordinances passed by Columbus in 2022 and 2023 that are still being challenged in court.
Opponents, however, insist the legislation could place cities at financial risk and consequently discourage local officials from taking action to address public safety concerns.
The Ohio Mayors Alliance argued that the proposal could undermine efforts by cities to protect residents. In a statement submitted to the committee, the coalition said local efforts to combat gun crime and illegal firearms trafficking would be directly affected if SB 278 expands penalties.
The state’s Revised Code largely prohibits political subdivisions from taking charge of gun laws at a local level, which the organization said is a violation of the Ohio Constitution.
“We are especially concerned that constant, ongoing legislation to expand the ways that Ohio cities are preempted from doing anything to regulate the movement and use of guns within their jurisdictions undermines cities’ right to local police power,” the alliance said in written testimony. “It is also bad policy.”
Kent Scarrett, executive director of the Ohio Municipal League, told lawmakers that the threat of punitive damages could expose municipalities and their taxpayers to significant financial liability.
Yes, Kent. That's the entire point of the legislation. But those municipalities and taxpayers are only exposed to significant financial liability if the municipalities insist on ignoring the state's firearm preemption law. What the Ohio Mayors Alliance is asking for is to flout the law without consequence, and the legislature should tell these mayors to pound sand by passing SB 278 as swiftly as possible.
What about the argument that preemption violates Ohio's constitution? Well, the Ohio Supreme Court has repeatedly upheld preemption language, as have other courts across the country. More than 40 states have similar laws in place, and not one of them has been struck down by a court.
Preemption simply means that state legislature has the power and authority to set a uniform body of gun laws, instead of allowing localities to adopt their own ordinances that can create a confusing patchwork of laws that are impossible for gun owners to navigate as they travel throughout the state. There's nothing particularly controversial about it, but undoing preemption has been a priority for the gun control lobby for years now, in large part because they want it to be as difficult as possible for gun owners to know if they're following or breaking the law. The more legal jeopardy that comes with exercising our Second Amendment rights, the greater the chance that some folks will decide it's not worth the risk or hassle.
SB 278 has cleared the Senate Local Government committee, but it still awaits a vote on the Senate floor before it can be sent over to the House. Given the ongoing efforts by Columbus to ignore and violate the preemption law that's already in place, passage should be a top priority for lawmakers. Gun owners in the Buckeye State can give them some added incentive by contacting their state senators and urging them to move forward with the bill and put a stop to these efforts to undermine state statute and the Second Amendment protections provided by the Constitution.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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