Columbus, OH – David C. Tryon, director of litigation at The Buckeye Institute, issued a statement following the City of Columbus' filing in Doe v. Columbus with the Ohio Supreme Court.
“In its third attempt at lifting a preliminary injunction prohibiting Columbus from enforcing its unconstitutional gun law, the city is asking the Ohio Supreme Court to allow the city to appeal the preliminary injunction, which, according to Ohio law, is not appealable. Regardless of the ruling on this procedural question, The Buckeye Institute is confident that it will win the case and protect the constitutional right of Ohioans to keep and bear arms.”
In April 2023, the trial court in Doe agreed with The Buckeye Institute’s arguments and granted Buckeye’s request for a preliminary injunction prohibiting Columbus from enforcing its magazine ban. The court ruled that:
- Ohio law prohibits local efforts to impose more restrictions on firearms ownership.
- Ohio’s constitutional right to bear arms is as protective as the Second Amendment.
- Because Columbus did not demonstrate that its ban is consistent with national historical traditions, it violates Ohio’s Constitution.
In May 2023, the trial court denied the city’s attempt to stay the preliminary injunction. In November 2023, Ohio’s Fifth District Court of Appeals dismissed the city’s appeal of the preliminary injunction. Columbus has again tried to lift the preliminary injunction through a procedural question now pending before the Ohio Supreme Court.