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Columbus continues gun safety fight after getting court win

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Posted at 5:43 PM, Jan 12, 2024
and last updated 2024-01-12 21:02:20-05

The City of Columbus has officially requested the Ohio Supreme Court to allow it to put forward gun safety regulations. This comes after a lower court gave them one win in their effort to combat gun violence.

Lawsuit after lawsuit, Columbus finally gets to keep one of their city-wide firearm regulations.

"Believe it or not, in the state of Ohio, you can possess a gun and be a domestic violence offender," Columbus City Attorney Zach Klein told News 5.

Federal law prevents people convicted of domestic violence misdemeanors from having a gun under the weapon under disability provision. But Ohio does not have that in state law. Thus, the federal law can’t be enforced by local police alone.

Klein explained that years ago, the city passed legislation that mirrored federal law, but it has been challenged in court. In Early January, it was upheld by Franklin County Municipal Court Judge Andrea C. Peeples.

"That's an important step in the right direction for us to be able to preserve common sense gun laws that get the guns out of hands of criminals," the city attorney added.

Although someone will likely file an appeal to this, the City of Cleveland continues to look to Columbus and Cincinnati for safety rules.

"We are monitoring this case in Columbus along with others around the State and the implications they may have on home rule," Cleveland spokesperson Tyler Sinclair said. "We remain committed to advocating for home rule as we firmly believe local governments know the needs of their own communities best."

Columbus is seemingly constantly getting under the skin of legislators. In just the past year, the lawmakers have found issues with the city for gun safety regulations, banning flavored tobacco and suggesting a voluntary curfew after a string of shootings.

Klein has confidence now that other gun safety regulations of his will stand — such as his ordinance to require gun owners to lock up their guns when they aren't using them. This law has been challenged numerous times and is currently blocked from going into effect.

RELATED: Ohio court shoots down Columbus gun safety regulations

"The Constitution clearly articulates the rights of Ohioans to possess, carry, buy and have firearms to protect themselves," Buckeye Firearms Association's Rob Sexton said. "It is crystal clear."

The courts have made the right call, Sexton added, saying the current lockbox requirement that Columbus and Cincinnati ban, one that Cleveland also wants, is unconstitutional, the lobbyist said.

Klein disagreed. Cities know what is best for their communities, which is why Ohio is a home rule state, the attorney said.

Sexton argued it doesn't work like that.

"Ultimately, when it comes to home rule, it just doesn't trump your right to protect yourself," Sexton said.

Having some safeguards doesn't infringe on someone's rights, Klein said.

"We can do it in a way that protects everyone and still supports our constitution," Klein added, rebutting Sexton.

News 5 has a series covering the home rule fight between cities and the state government. Statehouse reporter Morgan Trau's analysis showed lawmakers tend to pick and choose which local governments have the authority to pass ordinances. Typically, it's the state supporting rural areas and denying urban areas.

Click here to learn the vast history of arguments between municipalities and the Statehouse.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.

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