City repeals local gun ordinances

Avon Lake City Council finalized legislation to rescind local firearms ordinances to come into line with the Ohio Revised Code.

On March 23, Council voted unanimously to pass legislation bringing clarity to gun laws, removing references to all local ordinances concerning possession, ownership, sale, transport, storage and other issues.

“As has been discussed for several months here in City Council, there was a review that was being done of our firearms regulations that we have with the city ordinances that are near the exact ordinances with the state,” said Ward 4 Councilman David Kos.

“It was determined that it is in our best interest to remove the redundancy of the city ordinances that are word for word with the state.”

The issue dates to late 2019 following an amendment to section 9.68 of the Ohio Revised Code which enabled the private right of action for citizens and enables them to collect damages, attorneys fees and other costs if they bring an action against a municipality and it’s determined that a municipal ordinance conflicts with state law with regards to firearms.

Council elected to repeal the initial legislation introduced and drafted by former Avon Lake Law Director Abe Lieberman in December 2019 by motion, reintroducing and passing a new piece of legislation with amendments by current Law Director Gary Ebert.

Kos said the legislation was necessary to protect the city in the event the state were to amend its gun ordinances, creating a conflict between local and state law.

When the ordinance was drafted in 2019, city officials were concerned the new state provision would restrict hunting.

However, a legal review determined local hunting restrictions would not be impacted.

Lieberman said in December that he believed the state’s amendment prompting the change eventually would end up in the Ohio Supreme Court where the court has shown very little deference to home rule provisions.

“I’m not real hopeful that that statute will be overturned in its entirety,” Lieberman said. “But I’m hopeful that at least the cities will have the ability to restrict hunting and discharge within their borders, particularly because it is a matter of great public safety concern.”