David Kopel on House Bill 347
As I detailed in a 2003 Issue Backgrounder for the Independence Institute, almost all states have some form of preemption law which restricts or prohibits local gun laws. The strong, comprehensive preemption law enacted in Ohio is the model used in about half of the states with preemption.
And…
Some other features of the bill:
The bill begins: "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 bill bans all local gun control laws which do not duplicate state or federal law. Litigants who bring a successful suit under the bill are entitled to attorney's fees.
Localites may still enact zoning laws which: 1. Ban gun stores in residential or agricultural areas. 2. Impose laws about hours of store operation, as long as those same laws are imposed on other non-gun stores.
In practical effect, the Ohio bill is the most significant roll-back of gun control that has ever been enacted by a state. Preemption laws swept the country in the 1980s, after Morton Grove, Illinois, banned handguns. In most state legislatures, the bills were intended to prevent future local gun bans, since there were few local bans that were in effect. I am not aware of any other state where a preemption law has wiped out so many local ordinances which were already on the books.
The Republican caucus and a handful of pro-gun Democrats, should be applauded for their principled stand against local city gun grabbers.
And on a side note, I have not heard if anti-2nd Amendment Cincinnati Mayor Mark Mallory will make good on his promise to file a lawsuit about this new law.

