In February 2023, The Buckeye Institute sued the City of Columbus, Ohio, to stop its illegal and unconstitutional 30-round magazine ban. In Doe v. Columbus, Buckeye represents six Columbus residents who legally owned, and still own, 30-round magazines until the city banned them. Buckeye is defending their rights under Ohio’s firearms preemption law and the Ohio Constitution. 

This case is still in its early stages, but Buckeye has already won significant victories defending the Ohio and U.S. constitutions and protecting the rights of gun owners. 

In April 2023, the trial court in Doe agreed with Buckeye’s arguments and granted its request for a preliminary injunction prohibiting Columbus from enforcing its unconstitutional magazine ban. The court ruled that:

• Ohio law prohibits local efforts to impose more restrictions on firearms ownership.
• Ohio’s constitutional right to bear arms is as protective as the Second Amendment.
• Because Columbus did not demonstrate that its ban is consistent with national historical traditions, it violates Ohio’s Constitution. 

In May 2023, the trial court denied the city’s attempt to stay the preliminary injunction. In November 2023, Ohio’s Fifth District Court of Appeals dismissed the city’s appeal of the preliminary injunction. Columbus has again tried to lift the preliminary injunction through a procedural question now pending before the Ohio Supreme Court. Regardless of the ruling on this procedural question, Buckeye is confident that it will win the case and protect gun owner rights. 

The significance of this case extends well beyond Columbus. Other cities in Ohio and across the country have threatened to pass similar laws and, if they do, The Buckeye Institute stands ready to challenge them and defend the constitutional rights of gun owners nationwide.

David C. Tryon is the director of litigation at The Buckeye Institute and the counsel of record in Doe v. Columbus.