City of Columbus Obtains Injunction Against Ohio Preemption Law

AmmoLand ^ | November 7, 2022 | Dean Weingarten

[marktwain]

The City of Columbus, Ohio, sued a Franklin County Court of Common Pleas judge in Columbus, in the Supreme Court of Ohio, to obtain an injunction against Ohio preemption law, claiming the law violates the Ohio Constitution.

The preemption law was passed in December of 2018, overriding a veto by Ohio Governor Kasich.

Here is a link to the law in question, Ohio R.C. 9.68(A).  Here is the part of the law dealing with commercial purposes:

(D) This section does not apply to either of the following:

(1) A zoning ordinance that regulates or prohibits the commercial sale of knives, firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of knives, firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of knives, firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.

The City of Columbus filed a lawsuit challenging the law in 2019. Both parties asked to vacate the case schedule on December 2, 2019.

On October 24, 2022, the City of Columbus filed a lawsuit to force Judge McIntosh to rule on a motion for a preliminary injunction, claiming the judge had failed to follow proper procedure.

Under the pressure of a lawsuit, Judge Stephen L. McIntosh granted the injunction on November 2, 2022.

The argument is the statute prevents the city from regulating the commercial manufacture of firearms. From the injunction:

[marktwain]

Columbus claims the preemption law is not a "general law".

[David Moser]

Columbus is a cesspool . I avoid even driving through the place . Rampant crime and drugs with hookers walking every street along with dope dealers peddling their poison . Democrat heaven in other words . I worked there until my retirement in 2012 . Had to lock your doors to drive through a McD’s to keep the hookers out of your car . They would hide behind the shrubbery and get in your car when you drove through . I packed a gun every where I went back then . I seen several drive by shootings near my office .

[Celtic Conservative]

Columbus is Ohio’s Austin.

CC

[mmichaels1970]

I avoid even driving through the place .

Smart call. I go through there one in a while and they’re pretty terrible drivers. And they must all get out of work at 3pm. They go 10mph under and camp in the left lane.

[mmichaels1970]

They would hide behind the shrubbery and get in your car when you drove through .

That’s my story and I’m stickin’ to it.

[NorthMountain]

They would hide behind the shrubbery

So THAT'S why the Knights Who Say "Ni" wanted a shrubbery. It's all clear, now ...

;'}

[mmichaels1970]

Wendy’s actually sets live traps in their shrubs to catch hookers. Unfortunately they just drive the cages over to the McD’s parking lot where they’re released. Jerks.

[NorthMountain]

My cage type traps only catch groundhogs ... and I DON’T “relocate” them.

I relocate their corpses ...

[Roadrunner383]

Doesn’t look like they got an injunction from the Sup.Court. Looks like the lower court judge caved to pressure and issued an injunction, which could still be overturned by the higher court.

[Chode]

two things the rats have names for, but can’t tell you what they are: Woman – Assault Weapon