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The Buckeye Institute: City’s Third Appeal is Not the Charm in Columbus Gun Case

Feb 12, 2024

Columbus, OH – On Monday, The Buckeye Institute filed its response to Columbus’s third attempt to reverse the preliminary injunction in Doe v. Columbus, which, according to Ohio law, is not appealable in this case. The injunction stops the city from enforcing its unconstitutional gun law while the case is being decided. 

“After being denied its requests to lift the preliminary injunction in Doe v. Columbus, Columbus is now pinning its hopes on the Ohio Supreme Court. Asking the court to let the city enforce a law—making criminals of The Buckeye Institute’s clients and countless other Columbus residents—that violates the Ohio and U.S. constitutions,” said David C. Tryon, the director of litigation at The Buckeye Institute.

In April 2023, Judge David M. Gormley issued a preliminary injunction stopping Columbus from enforcing Ordinance 3176-2022 outlawing certain firearms magazines. The city asked Judge Gormley to lift the preliminary injunction. When he declined, the city appealed the preliminary injunction to Ohio’s Fifth District Court of Appeals, which granted Buckeye’s request to dismiss the city’s appeal. In a third roll of the dice, Columbus has appealed the preliminary injunction to the Ohio Supreme Court

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