Columbus’ bump-stock ban unconstitutional, but judge upholds gun ban for violent felons

A bump-stock ban Columbus enacted this year is unconstitutional, a Franklin County judge ruled, but its ordinance making it a misdemeanor to carry a weapon while under disability can be enforced. A bump-stock ban Columbus enacted this year is unconstitutional, a Franklin County judge ruled, but its ordinance making it a misdemeanor to carry a weapon while under disability can be enforced. In a split decision issued Friday, Franklin County Judge David E. Cain wrote that the bump stock clearly is a firearm “component,” which municipalities cannot regulate under state law, even though the city’s ordinance defined it as an “accessory.” Cain ruled that a separate ordinance that makes it a misdemeanor to carry a gun while under disability in Ohio does not conflict with state law, though, and can be enforced. The weapons-under-disability ordinance penalizes those who carry weapons after being convicted of a violent felony offense that isn’t covered under state code, violations of protection orders and misdemeanor domestic violence. Ohioans for Concealed Carry and the Buckeye Firearms Foundation had sued the city in June, arguing that Columbus had violated the state’s pre-emption law by passing ordinances to regulate guns. A similar lawsuit against the city of Cincinnati has not yet been decided. Cain wrote in his decision that his final determination was a legal one, not a statement on gun violence. “This case is not about whether there is excessive gun violence in society. There obviously is. This case is not about whether it is morally […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.