The following article was originally published in the Ohio Capital Journal and published on News5Cleveland.com under a content-sharing agreement.
Attorney General Dave Yost filed an appeal in the Tenth Circuit. But with the preemption language on hold, the city of Columbus passed its gun ordinances in early December. Yost then filed another case aiming to block those local changes. Ohio court precedents have found an individual right to bear arms, but importantly, that those are not absolute. Under that prior case law, judges are supposed to apply a “reasonableness” test to proposed restrictions.
“The interpretation of the Ohio constitutional right to bear arms, which has been found to extend at least as far as, if not farther than, the U.S. Second Amendment, should be informed by the U.S. Supreme Court’s recent Second Amendment jurisprudence,” they wrote. “The ordinances limit certain weapon accessories and how weapons can be stored,” Berens wrote. “Plaintiff may be able to ultimately show such restrictions violate the Ohio Constitution but has not demonstrated by clear and convincing evidence that they are likely to be able to do so at this point in time.”
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