Explanation
This ordinance repeals Chapter 545 and amends various sections of the Columbus City Codes, 1959, as a result of changes to the Ohio Revised Code in 2006 which provided that municipalities could not pass stricter gun restrictions than those contained in the Ohio Revised Code. In 2010, the Ohio Supreme Court upheld the actions of the Ohio legislature in Cleveland v. State, 2010-Ohio-6318, finding that municipalities could not use home rule as a basis to prohibit or otherwise regulate the possession of firearms. Because of the changes to state law and the possibility of lawsuits generated by having ordinances in effect that contravent the ruling by the Ohio Supreme Court, it is necessary to reconcile city ordinances with state law by repealing and amending various provisions in the City Code.
Title
To repeal Chapter 545 and amend various sections of the Columbus City Codes, 1959, in order to conform city ordinances with current state law in the area of weapons control.
Body
WHEREAS, in 2006 the Ohio legislature passed a statewide uniform gun law which provided that municipalties could not pass stricter gun restrictions than those contained in the Ohio Revised Code; and
WHEREAS, in 2010 the Ohio Supreme Court ruled that it was not a violation of Ohio's home rule provisions for the state to prohibit municipalities from enacting its own ordinances pertaining to gun possession and sale that deviate from the Ohio Revised Code; and
WHEREAS, it is necessary to reconcile city ordinances with state law in order to comply with the mandate of the Ohio Supreme Court; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That Chapter 545 of the Columbus City Codes, 1959, is hereby repealed in its entirety.
Section 2. That Sections 921.69, 2323.11, 2323.12, 2323.15, 2323.16, 2323.21, 2323.31, and 2323.32 of the Columbus City Codes, 1959, are hereby repealed.
Section 3. That Section 2323.19 of the Columbus City Codes,...
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