Judge denies request by Akron, Cleveland, other cities to block provision in state gun law from going into effect

Akron, Cleveland, other cities sue Ohio over gun law

Attorney Stephen Funk speaks to Summit County Common Pleas Judge Alison McCarty on Dec. 9, 2019, during a preliminary injunction hearing regarding Ohio House Bill 228.

AKRON, Ohio - Summit County Common Pleas Judge Alison McCarty has denied a request from Akron, Cleveland and four other Northeast Ohio cities to block a controversial provision of the state’s gun laws from going into effect.

In an order issued Dec. 27, McCarty wrote that the cities did not present convincing evidence that they would prevail in their legal challenge of the provision, which restricts communities from regulating the possession, sale and manufacture of firearms and ammunition.

She also wrote that the cities did not demonstrate that they would suffer irreparable harm by having the law go into effect and that making exceptions only for the six cities involved in the lawsuit could lead to confusion across the state.

The provision, part of an amended “right to bear arms” law, went into effect Dec. 28. In addition to restricting what communities can do to regulate firearms, the provision allows gun owners who believe their rights have been violated to sue a municipality.

Attorney Stephen Funk - representing Akron, Barberton, Cleveland, Cuyahoga Falls, Norton and Tallmadge – argued in the lawsuit that the law infringes on municipalities’ home-rule authority to adopt and enforce gun laws, including those that don’t conflict with state laws.

The cities also argued that the amended law could make “null and void” any local zoning ordinances that prohibit gun manufacturing in residential areas.

The state, represented by Assistant Attorneys General Heather Buchanan and Brandi Seskes, argued that the provision clarifies the law as it relates to home-rule authority, and does not automatically preempt any laws already in existence.

In her order, McCarty noted the Ohio Supreme Court previously ruled that just because the legislature seeks to preempt local law does not automatically conflict with home-rule authority.

Funk told cleveland.com Tuesday he is hopeful that the case will eventually prevail, since the judge did not rule on the merits of the cities’ argument.

Two other similar cases challenging the state law, brought by Cincinnati and Columbus, are pending in courts in Hamilton and Franklin counties, respectively.

A spokesman for the Ohio Attorney General’s office said the state does not comment on pending litigation.

Editor’s note: This story was updated on 1/7/2020 to include a response from Attorney Stephen Funk.

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