COLUMBUS, Ohio — A Fairfield County judge has granted the state’s request for a temporary restraining order to halt the enforcement of Columbus' newly enacted gun restrictions.
Fairfield County Common Pleas Judge Richard Berens’ order stops Columbus City Attorney Zach Klein from enforcing the restrictions for 14 days.
The request was filed Wednesday by Ohio Attorney General Dave Yost after Columbus passed the measures last week.
“This request of the court is strictly a matter of the law – as state law supersedes what Columbus is attempting to do here,” Yost said. “The city has knowingly and deliberately overstepped its legislative authority.”
Columbus City Council approved legislation on Dec. 5 to prohibit the possession of large-capacity magazines by anyone other than a federal or state agent, armed services member or a member of state or local law enforcement.
The measure would also penalize people who store their firearms when they know, or should know, that a child can gain access to them. It also penalizes the straw sales of firearms, which is when someone buys a gun to sell or give it to someone who is prohibited from having one.
Columbus was able to pass the legislation after a recent court ruling in which a Franklin County judge granted a temporary injunction that prevents the state from using its power to tell the city what it can when it comes to regulation firearms.
In response to the filing on Wednesday, Klein issued a statement citing the previous ruling in Franklin County and taking the case to another court is improper.
“The Attorney General didn’t like the decision out of Franklin County so now he’s judge shopping over in Fairfield County hoping he gets a decision he likes,” Klein said. “That’s not how this works. It’s like a kid getting told no by one parent, but then going to the other to see if they say something else. The fact remains that the State is bound by the preliminary determination that Ohio’s gun safety pre-emption is unconstitutional.
10TV has reached out to Klein and Yost for comment on Thursday’s ruling.