In Cincinnati v. Baskin, 2006-Ohio-6422, the Ohio Supreme Court held that a Cincinnati ordinance banning assault weapons was not in conflict with state statutes. The state law does not affirmatively permit these weapons and does not declare an intent to preempt local laws. The home rule amendment to the Ohio Constitution allowed Cincinnati to pass the assault weapons ban. See Cincinnati Ordinance Held ‘Not In Conflict’ With State Law Regulating Semiautomatic Rifles , Supreme Court Opinion Summaries, Dec. 8, 2006.
Cincinnati Prosecutor McAdams stated that the Ohio Supreme Court ruling would help in challenges to the proposed Sub. H.B. 347, if it becomes law. Sub. H.B. 347 will preempt local gun ordinances. Cincinnati Assault Weapons Ban Upheld by Associated Press, The Plain Dealer, Dec. 10, 2006.
See our prior post: House Overrides Gun Bill Veto, Senate Votes Uncertain.