Ohio Statewide Rule
Ohio Firearms Preemption Law (ORC 9.68)
Key Facts
- ORC 9
- ORC 9.68 establishes statewide uniformity for firearm regulation
- Statutory Authority
- Municipal ordinances conflicting with state firearm law are unenforceable
- Prevailing Plaintiffs
- Prevailing plaintiffs recover attorney fees and costs
- Residential
- Ohio Supreme Court has repeatedly upheld preemption against home-rule challenges
- Limits
- Limited local authority remains for discharge of firearms within municipalities
Summary
Ohio Revised Code 9.68 preempts local firearm ordinances, reserving authority over firearms regulation almost entirely to the state legislature.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, other transfer, manufacture, taxation, keeping, and reporting of loss or theft of firearms, their components, and their ammunition, and knives. The general assembly also finds and declares that it is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves or others.
Full Breakdown
ORC 9.68 declares the General Assembly's intent to provide uniform firearms laws throughout Ohio and bars municipalities from enacting or enforcing ordinances that conflict with state law on the ownership, possession, purchase, transfer, transport, storage, or keeping of firearms. The statute has been challenged repeatedly, most notably in Cleveland v. State and again following amendments through HB 228 (2018), with Ohio Supreme Court rulings consistently upholding state preemption. Persons adversely affected by a local ordinance may bring a civil action for declaratory and injunctive relief plus attorney fees.
Violations & Penalties
Local governments enforcing conflicting firearm ordinances face civil liability, injunctive relief, and mandatory attorney-fee awards to prevailing plaintiffs.
Frequently Asked Questions
Can Ohio cities pass their own gun-control ordinances?
Are there any firearm rules cities can still enforce?
Sources
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