In Buckeye Institute Case, Judge Stays Enforcement of Unconstitutional Gun OrdinanceApr 25, 2023
Columbus, OH – David C. Tryon, director of litigation at The Buckeye Institute, commented after Judge David M. Gormley granted Buckeye’s request for a preliminary injunction in Doe v. Columbus, staying the enforcement of Columbus City Ordinance 3176-2022, which—in violation of Ohio law and the U.S. and Ohio constitutions—outlaws certain firearms magazines in the city of Columbus. Judge Gormley also granted Buckeye’s request for its clients to proceed pseudonymously and denied the city of Columbus’s request to dismiss and transfer the case to a different court.
“Judge Gormley’s order vindicates and protects our clients’ rights and recognizes that The Buckeye Institute’s clients are likely to succeed in their claims that this ordinance conflicts with state law and violates the right to bear arms as set forth in the Ohio Constitution. In granting the preliminary injunction, Judge Gormley recognized that Buckeye’s clients are already being harmed by the enforcement of the gun ordinance, which makes it a criminal offense to possess a 30-round magazine in the city of Columbus and dictates how firearms must be stored.”
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