As expected-
Delaware County judge blocks Columbus gun ordinance enforcement
by Dean Rieck and Joe D. "Buck" Ruth
4:15PM TUESDAY, APRIL 25, 2023
Delaware County Common Pleas Judge David M. Gormley issued a ruling today (April 25, 2023) prohibiting the city of Columbus from enforcing its unlawful ordinances that would outlaw certain firearm magazines and implement gun-storage restrictions.
From the ruling:
This ruling is the result of a suit brought by the Buckeye Institute in Delaware 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."
Judge Gormley: City's decision to delay prosecution to July doesn't make case 'moot'
Gormley took issue with the city's assertion that because it had adjusted its ordinance to defer prosecutions to July 1, this case was somehow "moot."
He wrote:
Gormley pointed to the constitutionality of Ohio Revise Code Section 9.68 and its authority on firearms legislation.
He continued:
Gormley pointed out that although the plaintiffs' case doesn't directly mention the Second Amendment, it still must be considered.
“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," he said in an April 25 post on the organization's website. "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.”
Delaware County judge blocks Columbus gun ordinance enforcement
by Dean Rieck and Joe D. "Buck" Ruth
4:15PM TUESDAY, APRIL 25, 2023
Delaware County Common Pleas Judge David M. Gormley issued a ruling today (April 25, 2023) prohibiting the city of Columbus from enforcing its unlawful ordinances that would outlaw certain firearm magazines and implement gun-storage restrictions.
From the ruling:
This means the city of Columbus cannot enforce its unlawful and unconstitutional gun ordinances until the legal issue has run its course. And this should provide some relief to residents who have been facing a deadline of July 1 to get rid of magazines capable of holding 30 or more rounds.
This ruling is the result of a suit brought by the Buckeye Institute in Delaware County.
"This is unlikely to be the end of this case," said Dean Rieck, Executive Director of Buckeye Firearms Association. "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."
Judge Gormley: City's decision to delay prosecution to July doesn't make case 'moot'
Gormley took issue with the city's assertion that because it had adjusted its ordinance to defer prosecutions to July 1, this case was somehow "moot."
He wrote:
ORC 9.68 renders city's ordinance 'unenforceable'
Gormley pointed to the constitutionality of Ohio Revise Code Section 9.68 and its authority on firearms legislation.
He pointed to the Supreme Court of Ohio's 2006 decision in the Cincinnaty v. Baskin case that led to the state law being enacted in 2007. ORC 9.68 appears to have abrogated that 2006 decision, he said, adding that the Supreme Court "has undeniably already rejected ... a home-rule challenge to R.C. 9.68."
He continued:
Judge invokes Second Amendment, even though plaintiffs don't
Gormley pointed out that although the plaintiffs' case doesn't directly mention the Second Amendment, it still must be considered.
David C. Tryon, director of litigation at the Buckeye Institute, commented after Gormley granted the organization's request for a preliminary injunction.
“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," he said in an April 25 post on the organization's website. "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.”