COLUMBUS – The city of Columbus is mounting a legal challenge to new gun laws set to take effect later this month in Ohio.
Mayor Andrew Ginther and City Attorney Zach Klein claim in the lawsuit that the legislation “eviscerates” Ohio’s constitutional “home rule” provision that allows local governments to pass ordinances without interference from the Statehouse.
“In this era of heightened gun violence and mass shootings, we cannot allow the state to strip cities of our authority to pass laws that best serve the needs of our residents. What works best for folks living in Columbus might not be the same as what is best for those living in Belpre or Toledo, which is why it’s critical for cities to protect our ability to address our unique communities,” Klein said.
Today, we filed a lawsuit against the State of Ohio to stop House Bill 228–a restrictive bill which would make Ohio's gun laws even more expansive and favorable to the gun lobby. In our lawsuit, we argue that this bill was an overreach of power by the General Assembly that pic.twitter.com/obAXx4Ifzm
— Columbus City Attorney Zach Klein (@CityAttyKlein) March 19, 2019
The laws were approved at the end of 2018 by the General Assembly, which had been called back into session to override then-Gov. John Kasich’s veto.
New language in the law would place even greater restrictions on a municipality’s ability to pass local gun ordinances than what already currently exists under state law, Klein said.
Lawmakers overrode Kasich’s veto of a bill which makes significant changes to Ohio’s 11-year-old “Right to bear arms – challenge to law” provision, which allows Ohioans to carry concealed weapons except where the sale of firearms is prohibited by local zoning ordinances.
The bill was opposed by the Ohio Fraternal Order of Police and the Ohio Prosecuting Attorney’s Association.
The law, which takes effect March 28, reverses the burden of proof in criminal self-defense cases from the defendant to the prosecutor and it sets limits on cities and counties that want to strengthen local firearms restrictions, such as bans on assault weapons and bump-stocks in Columbus which have been struck down by the General Assembly or the courts.