Ohio Supreme Court allows Columbus to appeal gun safety storage laws

The Ohio Supreme Court allowed Columbus officials to appeal the preliminary injunction against the gun safety laws that limit high-capacity gun magazines and require safe gun storage in the city on Wednesday, giving them a small procedural win.

In 2023, a Delaware County court put those laws on hold, according to Court News Ohio. Ohio Supreme Court Justice Dan Hawkins authored the majority opinion, saying the injunction is an unconstitutional “intrusion” into Columbus’s exercise of its prescribed police powers.

“In this case, the city enacted ordinances that its elected councilmembers and mayor believe—rightly or wrongly—will address gun violence in their city. A single trial-court judge— rightly or wrongly—found these ordinances facially unconstitutional and—with the stroke of a pen—enjoined the city from enforcing them,” Hawkins wrote.

Ohio Supreme Court Justice Jennifer Brunner dissented, writing in her opinion that this decision creates new public policy, which she says the judicial branch has no power to do.

In her dissenting opinion, Ohio Supreme Court Justice Jennifer Brunner wrote that the court’s recent decision creates new public policy, which the judicial branch allegedly lacks the power to do.

“Because the majority has no basis in law for its holding, be it constitutional or statutory, this court lacks the authority to permit a municipality to immediately appeal an order granting a preliminary injunction that stays the enforcement of a municipal ordinance,” Brunner wrote.

Ohio Supreme Court Justice Pat Fischer also opposed the decision, but didn’t write a dissenting opinion, according to WOSU Public Media.

Columbus City Attorney Zach Klein told WOSU that the Ohio Supreme Court’s decision is a win for the city because it allows Columbus to make its case for the gun restrictions.

“Right now, there are gaps in the law that are failing our kids and preventing irresponsible gun owners from being held accountable when a child is injured or killed by an unsecured firearm. Most Ohioans want to see that changed,” he said. “Today’s Supreme Court decision is an important win for the City to continue making our case to argue for that change—and our safe storage ordinance that will save lives and hold irresponsible gun owners accountable.”

Columbus Mayor Andrew Ginther agreed with Klein, telling 10 WNBS that the Ohio Supreme Court decision “affirms our ability to pursue common sense legislation that would hold irresponsible gun owners accountable.”

“I commend City Attorney Zach Klein and his team for their persistence and professionalism in advancing this work on behalf of Columbus residents. These measures are practical steps that promote responsible gun ownership and help keep firearms out of the hands of children. We will continue to keep our focus on the safety and well-being of every resident,” he said.

According to 10 WBNS, Ohio Attorney General Dave Yost previously said he supports safe storage, but added that the safe-storage charge is “unnecessary and meaningless.”

In a statement, David C. Tryon, director of litigation at The Buckeye Institute, said that “the city of Columbus has delayed a final decision in this case for more than two years.”

“This injunction continues to protect the rights of The Buckeye Institute’s clients and residents of Columbus,” he said in the statement. “The Buckeye Institute looks forward to a hearing in the court of appeals on the merits of the injunction granted to Buckeye’s clients against the enforcement of Columbus’s unlawful restriction on gun rights.”