Bill would allow monetary, punitive damages against cities with gun control

A bill working its way through the Ohio legislature would allow residents to sue cities for punitive and/or monetary damages if they try to ignore the state's preemption laws on guns. Another hearing is scheduled this afternoon.

Senate Bill 278, sponsored by Sen. Terry Johnson (R-McDermott), would permit individuals to seek punitive or exemplary damages against municipal corporations that pass gun control measures.

The Senate Local Government Committee's third hearing on the measure is scheduled for 4 p.m. today, Feb. 10, in the Grant Hearing Room (should be able to watch here).

Under current law (ORC Section 9.68), 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 could bring a civil action against said political subdivision "seeking damages from the political subdivision, declaratory relief, injunctive relief, or a combination of those remedies. Any damages awarded shall be awarded against, and paid by, the political subdivision."

The proposed amendment would add legal teeth by strengthening damages to include "punitive or exemplary."

Johnson testified for the bill during the committee's first hearing in October 2025.

"As it stands today in Ohio, it is left to the responsibility of our citizens to challenge and repeal these detestable restrictions, often through the judicial process, and unfortunately out of their own pockets," he said. "Our citizens should feel emboldened if they are to overturn these unlawful regulations, without having to face the financial burden for doing what is right. … Rights like freedom of speech or due process are seldom tampered with by our municipalities. Yet, we often find the Second Amendment under constant threat by these local ordinances or rules."

Johnson cited the city of Columbus, which in 2022 passed gun control ordinances that are still being fought in the courts, and pointed out that the Ohio Supreme Court already has affirmed that Ohio's Firearms Uniformity Law does not violate the "home rule" portion of the Ohio Constitution.

"There is currently nothing preventing these municipalities from continually running this gauntlet and restricting the right of our citizens," he said. "With this legislation, it is my hope that we impose potential financial repercussions for these cities who so frivolously trample on the rights of their residents. We should allow vigilant defenders of freedom to go through the proper judicial process while simultaneously having financial protections for doing so, through the pursuit of punitive or exemplary damages."

Bill cosponsors are Sens. Kyle Koehler (R-Springfield), Susan Mamchester R-Waynesfield, and Sandra O'Brien (R-Ashtabula).

Buckeye Firearms Association supports SB 278, and Jim Samuel, who in January was named BFA's new legislative affairs director, will provide testimony during the hearing.

To see where BFA stands on several gun-related bills working their way through the Ohio General Assembly, visit our Legislation page.

Joe D. "Buck" Ruth, a pen name for Scott Hummel, is a longtime small-game hunter and gun owner who spent nearly three decades in the news industry. He is the website and social-media manager for Buckeye Firearms Association.