COLUMBUS — The Ohio Senate passed legislation Tuesday that would allow individuals to seek punitive damages against local governments that enact gun restrictions the state considers unconstitutional.
Senate Bill 278, sponsored by Sen. Terry Johnson, R-McDermott, passed 24-9. The bill amends Section 9.68 of the Ohio Revised Code, the state's existing firearms preemption law, to add punitive or exemplary damages as a remedy for individuals who successfully challenge local gun ordinances in court.
Under current law, Ohioans who win such challenges can recover legal fees. The new measure would go further, exposing municipalities to additional financial penalties.
"This legislation will allow citizens to seek punitive or exemplary damages against municipalities that enact unconstitutional gun control," Johnson said. "As it stands today in Ohio, it is left to the responsibility of our citizens to challenge and repeal these restrictions — often out of their own pockets."
Senate President Rob McColley, R-Napoleon, said the bill is intended to protect individuals exercising Second Amendment rights against local governments that pass laws conflicting with the state and federal constitutions.
Critics of the measure argue it could expose cities and townships to significant financial liability and discourage local governments from enacting any firearms regulations.
The bill now moves to the Ohio House.