Last gun control references stripped from Oberlin's ordinances

OBERLIN — The last vestiges of local gun control ordinances were swept from Oberlin's books Monday in an emergency vote. Fearing a lawsuit and bowing to changes in state law, City Council repealed some old language related to firearms. "I don't like doing this this evening, but we really have no choice," Council President Bryan Burgess said. The state is cracking down on local ordinances that regulate gun ownership, possession purchase, transport, storage, sale, taxation and more. The General Assembly has beefed up Section 9.68 of the Ohio Revised Code, which controls how firearms can be regulated. Some of the changes go into effect Dec. 28, driving Oberlin Council's emergency vote. City Law Director Jon Clark called the state's amendments "poorly drafted." Since gun violations are prosecuted by the state, state laws make local ordinances unnecessary, he said. The state's new language also says that anyone "adversely affected" by any local firearm law in conflict with Section 9.68 can be awarded substantial penalties. In 2013, most of Oberlin's firearms regulations were repealed after a legal battle with a pro-Second Amendment group. But until Monday, some ordinances still contained scattered references to concealed handguns, a ban on carrying a loaded firearm while driving a snowmobile or dirt bike and a ban on "throwing or shooting missiles," which usually refers to arrows. Council updated the language of several local laws to show they don't attempt to regulate firearms — for example, a passage defining explosives. The wording of Oberlin's repeal calls into question the constitutionality of the changes to state law, saying they have yet to be tested by the courts. The Ohio Supreme Court has held that local gun ordinances can't conflict with state gun laws. But some cities have banded together in a new suit, Clark said. They are seeking an injunction to delay implementation of the state amendment, he said. The cities are worried the changes could tear down a longstanding ban on firing guns within city limits, according to Burgess. Contact Jason Hawk at (440) 329-7122 or news@lcnewspapers.com.