Ohio Court Strikes Down Bump-Stock Ban

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Arizona -(Ammoland.com)– A Franklin County judge in Ohio has ruled the Columbus City Council ban on bump-stocks is invalid under Ohio law. The ban was passed in May of 2018, as part of an series of infringements aimed at gun owners. From ab6onyourside.com:

COLUMBUS, Ohio — A Franklin County Judge has ruled Columbus' bump-stock ban as unconstitutional.

The ban was passed by the Columbus City Council in May. The ban was part of a series of four ordinances aimed at reducing gun violence.

On Friday, Franklin County Judge David E. Cain ruled the bump-stock ban violates state law and the city cannot enforce it.

Buckeye Firearms Foundation and Ohioans for Concealed Carry filed the lawsuit in Franklin County Common Pleas back in June. They say the city has no authority to regulate firearms under state law.

Ohio, and all states, have preemption statutes that prohibit local governments from passing laws that are in conflict with, or more restrictive than, existing state firearms law. The purpose is to ensure that people are able to exercise Second Amendment rights without fear of breaking local ordinances.  It would be practically impossible to bear arms in Ohio if the person exercising the right had to be concerned about breaking the law each time they crossed unmarked local boundaries.

The 50 states differ in the strength and wording of their pre-emption statutes.  The Ohio statute has been upheld by the Ohio Supreme Court, most notably in cases against the City of Cleveland.

Buckeye Firearms Foundation and Ohioans for Concealed Carry have been vigilant Second Amendment supporters.

The Ohio statue, 9.68, is a strong preemption statute. It provides that persons or groups who prevail in cases under the statute shall be awarded courts costs.

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

The Ohio statute is a good example of a strong preemption statute. Bump stocks are included because they are components and parts of firearms. The statute is specific. It also protects ammunition. While it seems overkill for a preemption statute to contain all of that verbiage, hard lessons have taught that judges, prosecutors, and local governments must be restrained by specific language, or they will do and say silly things, such as “we cannot ban guns, but we can ban ammunition”.

©2018 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Nottinghill
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Nottinghill

@Rattlerjake: Let’s not result to name calling. I’m good at it. So calm down you old codger. Sorry to shake your rattle.. But you say you’re an ignoramus because lowlifes only live in the hood, not in congress, not in the senate. the fbi, the state dept., hollywood and big corp boards. We’re getting off topic and the article about dumbsh!t actions and the very serious repercussions

Nottinghill
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Nottinghill

@Alan: His has much more progressive press set up. ; )

Old Chief
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Old Chief

I’m a NRA Life Member, an avid shooter and collector. I shoot and reload thousands of rounds a month but I can see no reason for anyone having a bump stock. I see them as something made to burn up ammo as fast as possible without any accuracy. I fully support the 2nd Amendment and believe that we should have a right to own and use firearms. I do not support any type of all encompassing gun control but I do support common sense control when it’s necessary. That’s the way I feel when it comes to bump stocks.

Nottinghill
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Nottinghill

@Old Chief: Then by your own stated standard. The Vegas incident makes this an untruth because in that case the culprit is assumed to have hit many… at a great distance, ‘a story in and of itself’? Random aiming… maybe??????????
What vested interests does the NRA, the NSSF and/or have in allowing precedent on gun parts and who do they serve?
You cannot assume the right to speak for the whole of the 2A or the people.

Alan
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Alan

Old Chief:

With all due respect to and for your opinion, that is what it is, your opinion. You say you support “common sense control when it’s necessary”. Re this bit of phrasing, which you do not define so far as I can see, please carefully define the Common Sense you reference, and also clarify or explain the Necessity you make reference to. I could likely raise other questions, but I believe that the foregoing will serve. I leave the podium to you sir.

Unmasker
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Unmasker

I’m sorry but no, any lifetime NRA member and “avid shooter who reloads thousands of rounds a month” will never use the phrase “common sense gun control”. Nice try though, you’d convince the average under-informed voter but not people who are versed in shooting sports and spotting liberal moles.

Alan
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Alan

Very interesting point you raise. By the way, speaking personally as a long time, now retired High Power Rifle Competitor, National Match Course and long range competition, and IPSC competitor, I have had some experience reloading rifle, pistol and shot shells. Regarding the man’s claim to shooting and reloading thousands of rounds a month, when does the gentleman find time to eat, wash, sleep and such? With reference to my own personal experience loading handgun cartridges on a progressive press, A Dillon 550, the reference to time and amount of ammunition loaded doesn’t quite fit. Then there is the following.… Read more »

RayJN
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RayJN

I don’t own a bump stock and never will. The evil millionaire at Vegas seemed to be spaying the crowd, not concerned with accuracy. The gun grabbers have no common sense. NFA (unconstitutional, the right of the people to keep and bear Arms shall not be infringed) was to disarm criminals (supposedly) I if they are going to murder someone does any gun law stop them?

Wild Bill
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Wild Bill

@Old Chef, Your claims of being an NRA member, shooter, and collector are irrelevant. Your dubious claim or shooting and reloading “thousands of rounds a month” are irrelevant. I don’t believe your claim to fully support the Second Amendment, but that too is irrelevant because it is not up to you to decide what I need or may have a reason for. What is relevant is that the Second Amendment is a Constitution level control on governments. The Second Amendment expresses the founders intention to fill the legal field regarding arms, including parts. The Founders preempted future Congresses, presidents, bureaucrats,… Read more »

Alan
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Alan

Three cheers for Judge Cain might well be appropriate.

USA2RKBA
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USA2RKBA

Thanks to the volunteers at BFA and OFCC! True grassroots organizations fighting to preserve what remains of our firearms rights and take back what has been stolen over the years. If you live in Ohio send these groups some love. Not in Ohio? Support your local gun rights organizations.

Nottinghill
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Nottinghill

There IS hope!!!… now why did not Trump, the NRA and the NSSF do the same instead of capitulating to the whims of commiecrats. It was a big mistake on their part and sadly many other Red States and GOP Governed Blue States will never reverse their decisions. Paragraphs A & B should be standard nationwide.

Mott
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Mott

1 for the “Good Guys”!

Macofjack
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Macofjack

Didn’t the company that made the bump stock stop making them? Seems like someone owes a lot of money in a law suit!

Andy Buckmichael
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Andy Buckmichael

This is an example of the idiots running the city and the police department is pure corruption. The FOP is run by goon cops that they would not dare put on the street.

Vanns40
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Vanns40

Crawl back under your rock troll.

Nottinghill
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Nottinghill

@Vanns40: He cannot find a rock big enough to put that much crap under.

Graystone
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Graystone

Who will you call and ‘expect’ to come to your aid should and if you ever have a need?!
Unfortunately, “goon cops” will treat you no differently than someone who respects them.
Let’s hear it for our thin blue line!