February 07, 2019
Buckeye Firearms Foundation, in cooperation with Ohioans for Concealed Carry, has won a lawsuit against the City of Cincinnati over its “bump stock” ban.
On Friday morning, February 8, 2019, Judge Ruehlman of Hamilton County Court of Common Pleas granted a Motion for Summary Judgment and shall issue a permanent injunction. As a result, the City of Cincinnati is no longer permitted to enforce its illegal ordinance.
In May of 2018, Cincinnati City Council passed an ordinance making the possession of “trigger activators” illegal within city limits. The trigger activator ban included a number of devices, including “bump stocks” or “bump fire” stocks, which are legal everywhere else across Ohio.
“This ban was completely unjustified and a great concern for gun owners,” said Dean Rieck, Executive Director of Buckeye Firearms Foundation. “Under Ohio law, local municipalities are not permitted to enact firearms laws that conflict with state law. And clearly, outlawing guns or gun parts, is a clear violation of state law.”
After careful review of the ordinance as passed, Buckeye Firearms Foundation contacted the City of Cincinnati in attempt to work toward a resolution short of litigation. After those attempts failed, Buckeye Firearms Foundation was forced to litigate and filed suit shortly thereafter.
In a relatively short time, Buckeye Firearms Foundation obtained a preliminary injunction and, after a lengthy legal battle, the court granted Buckeye Firearms Foundation's Motion for Summary Judgment.
The ruling is a significant victory for gun owners across Ohio. Various municipalities have attempted to defy state law in this manner, only to lose in court. Columbus recently lost a similar case brought by Ohioans for Concealed Carry and Buckeye Firearms Foundation.
“These bans are not about public safety,” continued Rieck. “They are merely political theater and an excuse for City Councils to 'virtue signal' for publicity and personal aggrandizement.
“Ohio law is clear on the issue of 'preemption,' which forbids cities from passing their own gun laws in order to maintain a uniform set of laws statewide. In fact, H.B. 228, which passed with a historic veto override before the 2018 holidays, further strengthens preemption to discourage cities from these egregious violations of Ohio and U.S. Constitutional rights.”
At this time, the City of Cincinnati still has the right to appeal the decision. However, Buckeye Firearms Foundation remains committed to this issue and will stand vigilant.
Buckeye Firearms Foundation is a 501(c)(3) charitable organization that seeks to support Second Amendment rights through youth shooting programs, grants, education, and litigation to defend gun owners against infringement of rights and force local governments and other entities to comply with Ohio gun laws.
For more information, visit buckeyefirearms.org.