While Ohio has laws preventing municipalities from passing local gun control ordinances, Senate lawmakers say gun owners need further protection of their Second Amendment rights.
State Sen. Terry Johnson, R-McDermott, introduced Senate Bill 278 last fall to let private citizens sue localities that pass gun control measures. The bill, which amends Section 9.68 of the Revised Code, allows individuals to sue for punitive or exemplary damages.
“A person, group, or entity adversely affected by any manner of ordinance, rule, regulation, resolution, practice, or other action enacted or enforced by a political subdivision” can bring civil action against the political subdivision, the bill’s text states.
Last week, the Ohio Senate passed Johnson’s bill by a 24-9 vote, sending the legislation on to the House.
During a recent episode of “The President’s Podcast,” John Fortney, communication director for the Senate Republican Caucus, described the bill as one that goes after “an unconstitutional law by a municipality.”
Fortney said he thought the Ohio Supreme Court already addressed the matter. Johnson, a guest on the program, said political subdivisions within the state are still enacting gun laws that are “contrary to the Ohio Constitution, the U.S. Constitution, and established state law.”
In 2022, Johnson had helped make Ohio a “constitutional carry” state in which gun owners may carry weapons concealed without a permit. Ohio has another law that prevents local governments from enacting gun control ordinances.
Johnson said SB 278 is now necessary to punish municipalities that ignore state law, and to help any person “that gets rung up by some silly little ordinance … and has to defend himself or herself in a court of law.”
While Ohio law prohibits subdivisions from passing anti-gun ordinances, some municipalities ignore them, Johnson said.
“A lot of places that are very liberal on gun laws and regulations and want to see a lot more [restrictions], and don’t really care about what happens to one’s rights, are passing these regulations and different silly things that are clearly unconstitutional,” Johnson said.
Thus Senate Bill 278, which now has passed the full Senate. Johnson said his bill “hopefully will help localities like Columbus understand that they’re going to have to pay a cost for doing this.”
Johnson said leaders of political subdivisions know they’re doing “something that’s blatantly illegal” by passing gun ordinances. They are even “happy to do it.”
“Well, look at the harm you caused, and we’re going to prove that in the court of law and you’re going to pay for it,” he said.
Fortney called it “amazing” that local governments keep pushing illegal city ordinances that show no regard for what the Ohio Revised Code says, much less the Second Amendment.
The Legislature is on a break until May, with primary elections taking place on May 5. The House will take up the bill when it’s back in session.
Senate President Rob McColley, a Republican and Vivek Ramaswamy’s pick for lieutenant governor, also has spoken about the importance of SB 278.
“This is not a violation of home rule; home rule is still alive in the state of Ohio,” McColley told reporters. “In this case, offering more avenues for damages allows for a stronger deterrent,” McColley said.
The Ramaswamy-McColley ticket for governor was endorsed last week by the Buckeye Firearms Association. On X, McColley posted clips and pictures of Ramaswamy speaking about that endorsement and promoting the Second Amendment.
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