A Delaware County Judge has blocked the gun control legislation passed by the Columbus City Council on December 5th meaning the city cannot restrict firearm magazines or implement gun storage requirements.
In a ruling issued on Tuesday, Delaware County Common Pleas Judge David M. Gormley (pictured above) placed an injunction on the legislation.
Ohio think tank, The Buckeye Institute, filed a lawsuit against the city of Columbus’ gun restrictions in February on behalf of six anonymous residents to protect the rights of Ohioans to keep and bear arms. The lawsuit named the city, Columbus City Council President Shannon Hardin, and Columbus City Attorney Zach Klein as defendants.
In his ruling, Gormley determined that the Columbus laws are in breach of an Ohio law that “declares null and void” local government policies that impose “any firearms-related restrictions beyond those found in state and federal law.”
The December measure includes a ban on magazines that hold 30 or more rounds by anyone other than a federal or state agent, armed services member, or a member of state or local law enforcement, and mandatory firearm storage in the home. Also, it penalizes the straw sales of firearms when someone buys a gun to sell or gives it to someone prohibited from having one.
In February the Columbus City Council approved legislation giving owners of gun magazines with 30 rounds or more until July 1st to move them out of the city, sell them to a licensed arms dealer outside of Columbus, or turn them over to the city Division of Police.
Ohio Attorney General Dave Yost has also filed cases in Franklin and Fairfield counties, asking those courts to invalidate the ordinances.
In January, a court in Fairfield County rejected the state’s argument, enabling the city to carry out the act. The city’s regulations were submitted a week after a judge in Franklin County issued an injunction against a section of a 2018 state legislation that expanded gun rights and self-defense safeguards. In both instances, the attorney general’s office filed appeals; nevertheless, none of the cases have been settled.
According to Executive Director of the Buckeye Firearms Association Dean Rieck, this is unlikely to be the end of this case.
“Columbus is likely to appeal. And we have ongoing litigation in Franklin and Fairfield Counties, as well as a separate case in Hamilton County. But this ruling should be welcome news to residents of Columbus. And it’s a step in the right direction to unravel the mess created by Mayor Ginther, City Attorney Zack Klein, and Columbus City Council when they passed laws they knew for a fact were illegal and unconstitutional in Ohio,” Rieck said.
Klein affirmed Rieck’s statement by saying that in light of the decision from Tuesday, the city is carefully weighing all of its alternatives.
“Just like the court victories we’ve had protecting these laws in Franklin and Fairfield Counties, the city will continue to defend its ability to enact and enforce these and similar commonsense gun safety reforms,” Klein said.
According to David C. Tryon, director of litigation at The Buckeye Institute this preliminary injunction vindicates and protects his clients rights.
“Judge Gormley’s order vindicates and protects our clients’ rights and recognizes that The Buckeye Institute’s clients are likely to succeed in their claims that this ordinance conflicts with state law and violates the right to bear arms as set forth in the Ohio Constitution. In granting the preliminary injunction, Judge Gormley recognized that Buckeye’s clients are already being harmed by the enforcement of the gun ordinance, which makes it a criminal offense to possess a 30-round magazine in the city of Columbus and dictates how firearms must be stored,” Tryon said.
Yost applauded Gormley’s ruling.
“I commend Judge Gormley’s finding in favor of the Buckeye Institute in Doe v. Columbus. The injunction rightfully puts the city’s heavy-handed ordinances on hold while the merits of this case continue to be argued. The judge’s determination that the ordinances violate state law and likely violate the Ohio Constitution is a welcome decision for all who want to prevent government overreach and protect their constitutional rights. This is a step in the process of litigation, but a big step in the right direction to reverse restraint on individuals’ fundamental right to bear arms,” Yost said.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
Photo “Judge David Gormley” and “Delaware County Courthouse” by Delaware County.
