An Appeals Court in Ohio ordered the City of Cincinnati to pay legal fees after a man successfully challenged the city’s gun storage ordinance.
Frank West originally faced prosecution under Cincinnati’s 2033 local ordinance regarding unsecured firearms in a residence. West sued the city, arguing that the regulation violated Ohio’s state preemption law, which restricts municipalities from passing local gun laws that conflict with state standards. Following the lawsuit, the city dropped the charges against West.
A trial court judge subsequently voided the Cincinnati ordinance and ruled that the city must pay West’s legal costs.
The city filed an appeal against the financial judgment. A three-judge panel for Ohio’s 1st District Court of Appeals upheld the decision, directing Cincinnati to cover attorney and expert witness fees, which were previously estimated around $300,000 pending a final review.
The Citizens Committee for the Right to Keep and Bear Arms commented on the appellate decision in a statement.
“When a city adopts an ordinance which directly conflicts with state law, it stands to reason that the city should be required to cover the legal expenses incurred by citizens who successfully challenge that ordinance,” said CCRKBA Chairman Alan Gottlieb.
Gottlieb noted that local regulations often create inconsistencies across municipal lines. “State preemption statutes have been adopted for good reason,” Gottlieb said. “Such laws prohibit local governments from setting up their own regulations, often in conflict with neighboring municipalities and certainly exceeding state standards. Local governments must learn they simply can’t do that.”
He added that financial accountability serves a broader purpose in local governance. “Forcing anti-gun jurisdictions to pay up when they violate state laws or constitutional rights not only serves as a reminder that anti-gun jurisdictions can’t do that, but it also sends a message to other state and local governments across the country that they should refrain from engaging in anti-gun activist politics, and stick to the business of municipal governance.”
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