If it were not for big city mayors and other local leaders who believe they have the authority to overrule the Second Amendment, state preemption laws would be wholly unnecessary.
But they are, and Ohio lawmakers acted to head off these latest infringements. Last week, the state Senate voted along partisan lines 24-9 to advance Senate Bill 278 to thwart local ordinances that trample on gun rights.
Bill would add teeth to gun rights protections in Ohio
Understand that Ohio already has a preemption law firmly establishing the state’s authority over wayward municipalities. However, as of now, there are precious few consequences for usurping the freedom to keep and bear arms, and this emboldened mayors to act.
If signed into law, SB 278 would give wronged Ohioans a much stronger legal recourse against local governments and elected officials. Residents could sue cities for significant damages if leaders try to skirt state law and the Constitution.
Citizens and entities could sue municipalities for punitive damages
The Buckeye Firearms Association (BFA) supports this critical measure, and its Legislative Affairs Director, Jim Samuel, testified in favor of the bill in February. He told lawmakers that, since 2007, Ohio has protected gun rights from local attempts to disarm law-abiding citizens.
“Specifically, a political subdivision cannot regulate firearms, their components, ammunition, or knives,” he explained.
Samuel noted that the Ohio Supreme Court already upheld the preemption law’s constitutionality while denying that “home rule” is under attack. He told legislators that the state statute “displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.”
While citizens or groups may currently sue for gun rights infringements, the proposal would greatly enhance the deterrent of legal action. If signed into law by Gov. Mike DeWine (R), potential damages for violations would include “punitive or exemplary.”
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