Buckeye Firearms Foundation Wins Yet Another Legal Battle Against Cincinnati over Bump Stock Ban
Buckeye Firearms Foundation (BFF), in cooperation with Ohioans for Concealed Carry, has dealt another blow to the City of Cincinnati over its improper regulation of "bump stocks."
The city passed the ordinance in 2018 in direct violation of Ohio Revised Code, which bars municipalities from regulating guns, gun components, and ammunition. BFF sued the city, winning a Motion for Summary Judgment with the court issuing a permanent injunction in Feb. 2019. Cincinnati appealed the decision. However, on Nov. 25, 2020, the appellate court upheld the original Hamilton County Court of Common Pleas ruling.
You can read the entire ruling here. An excerpt:
The issue presented in this appeal is whether the city of Cincinnati exceeded its home-rule authority by enacting a municipal ordinance banning the possession and transfer of firearm “trigger activators.” Because the ordinance conflicts with a state law governing an individual’s rights to ownership and possession of firearms, we determine that the municipal ordinance is an invalid exercise of home-rule authority. We affirm the judgment of the trial court.
"There was no doubt we were in the right in this case," said Dean Rieck, Executive Director of Buckeye Firearms Association. “Ohio law very specifically says that local municipalities are not permitted to enact firearms laws that conflict with state law. And clearly, outlawing guns or gun parts, is an outright violation of state law.
"Not only did we know the law was improper, the City of Cincinnati knew it as well, and they passed the ordinance anyway, throwing away taxpayer money for a brazen stunt meant to score political points."
This ruling is a signifcant victory because several Ohio municipalities have attempted to defy state law in this manner. This sends yet another signal that cities cannot sidestep state law and blatantly infringe on gun owner rights.
Buckeye Firearms Foundation is a 501(c)(3) charitable organization that seeks to support Second Amendment rights through youth shooting programs, grants, education, and litigation to defend gun owners against infringement of rights and force local governments and other entities to comply with Ohio gun laws.
Dean Rieck, executive director of the Buckeye Firearms Association, one of the groups that sued the city, said state law is clear.
"Cities in Ohio can't pass gun regulations," Rieck said.
Rieck's organization has sued multiple cities, which he said "pass laws to see what sticks and force people to sue them…to get them to obey the law."