Guns

Ohio Cities vs. State Gun Laws: Preemption Battle

Summary:

Ohio’s largest cities continue to clash with the state’s preemption laws as they push for stricter local gun regulations—efforts that courts and lawmakers consistently reject.

Ohio recorded 1,768 gun-related deaths in 2023, yet the state continues to maintain some of the most permissive firearm laws in the Midwest. Ohioans 18 and older can purchase rifles or shotguns with only a background check required, and there are no limits on ammunition purchases.

In response to rising urban violence, cities such as Cincinnati, Cleveland, and Columbus have attempted to impose tighter restrictions, including safe-storage requirements and magazine capacity limits. These efforts have been blocked by Ohio’s firearm preemption law, which prohibits municipalities from enacting gun ordinances stricter than those at the state level.

The most prominent example is Columbus v. Ohio, in which city officials sought to enforce local storage and magazine regulations. Courts halted enforcement, ruling the ordinance unconstitutional under state law.

While cities push for tighter controls, the state legislature continues to move in the opposite direction. In 2023, lawmakers passed Senate Bill 58, which prohibits financial institutions from tracking firearm purchases and prevents the state from requiring special insurance for gun owners. The measure underscores Ohio’s strong political support for protecting gun rights.

Critics of local control argue that city-level restrictions would do little to curb violence. They point to states such as Illinois, where strict gun laws coexist with high homicide rates, as evidence that local bans can be easily undermined when firearms can be purchased elsewhere and brought back across jurisdictional lines.

Supporters of local regulation counter that Ohio’s “home rule” clause in Article XVIII of the state constitution grants cities the authority to manage issues affecting their residents, including gun violence. However, Ohio courts have consistently ruled that home rule does not override firearm preemption.

Ohio remains politically dominated by Republicans, making statewide gun reform unlikely. For now, uniform firearm laws continue to govern across the state, leaving cities with limited tools to address urban gun violence outside of state-level initiatives.

The Bigger Picture

The fight over firearm preemption in Ohio could have national implications. If a few key states allow cities to override state-level gun laws, it could create momentum for similar efforts elsewhere. Gun-control advocates would likely view such rulings as an opening to push for localized restrictions in other states, effectively fragmenting gun rights across the country.

This “patchwork” approach could make lawful carry and ownership increasingly difficult for gun owners traveling across jurisdictions, as local laws would vary not just from state to state, but city to city. For Second Amendment supporters, maintaining consistent state preemption laws is seen as essential to preserving uniform gun rights nationwide.

Our Take

Firearm preemption laws exist to prevent a confusing patchwork of local regulations that would burden lawful gun owners traveling or residing within the state. While cities argue for more control, Ohio’s approach ensures that citizens’ rights remain consistent statewide, a principle TTAG supports as both logical and constitutionally sound.

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