Ohio Senate passes BFA-backed SB 278 - adding teeth to preemption law

The Ohio Senate on April 15 voted 24-9 along party lines to pass Senate Bill 278, a measure that could get costly for municipalities that try to violate Ohio law by illegally enacting local gun ordinances.

SB 278, sponsored by Sen. Terry Johnson (R-McDermott) and supported by Buckeye Firearms Association, effectively puts teeth into Ohio's preemption laws (ORC 9.68) by allowing residents to sue cities for punitive and/or monetary damages if they try to ignore the state's preemption laws on guns.

The Senate's Local Government Committee passed the bill 5-2 on March 11, also along party lines.

Jim Samuel, BFA's legislative affairs director, testified in favor of SB 278 in February.

"Enacted in 2007, ORC Section 9.68 clearly states that cities cannot create their own gun laws based on home rule," Samuel said. "Specifically, a political subdivision can not regulate firearms, their components, ammunition, or knives. The Ohio Supreme Court even ruled that the state's preemption law is valid, saying “R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.”

Under current law, 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."

"It's time we put a stop to Ohio cities ignoring established law and continuing to pass their own gun regulations," said Dean Rieck, BFA executive director. "We have thoroughly litigated this issue. The Ohio Supreme Court has ruled for us and against cities twice, and yet some cities, including Columbus, have defied the court. This bill will make this egregious behavior painful and expensive for lawbreaking cities and their grandstanding leaders."

The bill now will move on to the Ohio House of Representatives.

BFA thanks Sen. Johnson for his leadership and urges the House to also pass this important legislation.

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.