State seeks dismissal of Bloomberg-funded lawsuit, citing lack of evidence

The State of Ohio is asking a judge in Franklin County to dismiss a Bloomberg-funded lawsuit filed by the cities of Dayton and Columbus which accuses the agency of failing to keep complete and accurate records in its criminal background check system.

Less than two weeks after the lawsuit was filed, Bureau of Criminal Investigation and Identification (BCI) Superintendent Joe Morbitzer sent a letter urging local law enforcement and courts around Ohio to report criminal history information to the state so it can keep updating a database used to run background checks on those purchasing guns or obtaining a concealed carry license.

Now, the State is asking to have the suit dismissed.

From the Dayton Daily News:

In a motion filed this month, BCI claims Dayton, Columbus and the one other plaintiff have produced no evidence or facts that support their claims that the agency is responsible for information that may be missing in its computerized criminal history database.

“Plaintiffs-Realtors fail to allege even one instance where BCI&I failed to follow the law and caused a gap in Ohio’s background check system,” the motion states.

The motion goes on to state that claims made in the lawsuit are “political maneuver looking for a legal claim.”

Buckeye Firearms Association has made clear many times that we believe the state, as well as municipalities and the federal government, should focus on enforcing existing laws before considering unnecessary and ineffective additional legislation.

Chad D. Baus served as Buckeye Firearms Association Secretary from 2013-2019. He is co-founder of BFA-PAC, and served as its Vice Chairman for 15 years. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website, and is also an NRA-certified firearms instructor.