Ohio Senate Gives Thumbs Up to Preemption Law, Middle Finger to Anti-Gun Mayors

Ohio has had a firearms preemption law in place for several decades now, but despite the statute cities across the Buckeye State continue to adopt their own local gun control laws. That could finally end, though, if a bill approved by the Ohio Senate this week is signed by Gov. Mike DeWine. 

The Columbus Dispatch says the bill is meant to "punish cities that pass gun restrictions by threatening local leaders with large attorney bills." That's true enough, though the paper would have been better off by stating the measure would "punish cities that pass gun restrictions in violation of state law." The Dispatch story never does get around to informing readers about the state's firearm preemption law, though it alludes to "state laws permitting guns."

Instead, the paper claims the "Ohio Constitution gives local jurisdictions the power to legislate on local issues," adding that there has been a "long tug-of-war between state and local officials about which side gets to regulate guns, traffic cameras, fireworks and plastic bag fees and bans."

Again, the Dispatch fails to inform its readers that the state Supreme Court has previously upheld Ohio's firearm preemption laws. In Ohioans for Concealed Carry v. City of Clyde, the court held that the city's ban on lawful concealed carry in parks was "an exercise of the municipality’s police power that conflicts with a general law," and was therefore unconstitutional. 

The Home Rule Amendment in the Ohio Constitution gives localities the authority to "exercise all powers of local self-governmentand to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws." Ohio's firearms preemption statute is a general law, which means that localities don't have the home rule authority to implement and enforce their own local gun control ordinances that conflict with the preemption language. 

The problem, though, is that the preemption law doesn't have a lot of teeth to it. Someone can sue over an unconstitutional ordinance, but even if they win they're only able to be compensated for actual damages. SB 278 would change that and allow plaintiffs to seek punitive and/or exemplary damages, which must be paid by the locality in question. 

As you can imagine, many mayors, especially Democrats, are trying to defeat the bill. 

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.

Again, the state Supreme Court has already said otherwise.

“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.”

No, it's bad policy to have a patchwork quilt of local gun ordinances that can wildly vary from one town to the next. A uniform body of laws that applies statewide makes much more sense than trying to learn the local laws of 926 different municipalities. 

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.

“This bill would unnecessarily expose cities and villages — and ultimately local taxpayers — to increased financial risk,” he wrote in opposition to the measure.

Only if they insist on violating Ohio's firearm preemption law. Cities and villages can reduce their exposure to zero simply by not adopting any ordinances that conflict with the preemption statute. The only municipalities at risk are those who choose to keep ignoring the law as they've done in the past. 

SB 278 now moves to the Ohio House, and will hopefully swiftly clear the committee process and be approved by the full chamber. There is already ongoing litigation against the city of Columbus and its magazine ban, but that will likely be the last anti-gun ordinance we'll see from Ohio municipalities if SB 278 becomes law this session. 

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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