Judge rules bump stock ban in Columbus Ohio unconstitutional

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COLUMBUS, Ohio - A citywide ban of bump stocks in Columbus has been ruled unconstitutional by a judge in Franklin County.

Judge David Cain issued the ruling on Thursday and the decision was filed on Friday.


Bump stocks can be mounted to semi-automatic rifles and can allow an increased rate-of-fire that is similar to fully-automatic weapons.

Cont...

Judge rules bump stock ban in Columbus unconstitutional
 
Lazy. Didn't read the ruling. The story doesn't say much.
Is that according to the Ohio Constitution? Or US constitution.
It reads like something about a city passing a gun ordinance is unconstitutional.
 
Naw, that can't be right. At least our rulers kept us safe and banned them so that there would be no possible way we would use them on each other...
 
Hmmmmmmm

Section | The Ohio Legislature

I.04 Bearing arms; standing armies; military powers (1851)


The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
 
This was a simple case based on state statutory preemption.

Ohio Revised Code Annotated § 9.68(A) provides that regardless of local law, a person “without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition” so long as his or her action does not violate federal or state law.
 
"A rate of fire similar to automatic weapons"... OK...

Most assault rifles shoot at least 600rpm, usually closer to 900rpm in modern platforms. Subguns go 1000+ for the most part. Crew served and heavy MGs go 1300rpm all the time - 240 Bravo has a reducer to get you down to 750rpm but nobody uses it and that's still twice the speed of a bump stock (if you're lucky). Don't get me started on the spinning barrels that's where the numbers get crazy fun. MGs are so fast that designers create devices to slow them the hell down (to the low 1000s).

I'd like to see a bump stock equipped rifle go over 400rpm in the hands of an experienced user.

"Similar to..." should be more than roughly 1/2 of the measure of the object in question, in my opinion. By that kind of logic a bicycle can go "similar to" highway speeds I guess. A guy who's 4 feet tall is "similar to" the height of an NBA player. A .308s diameter is "similar to" a .50BMG. A Ford Focus can achieve speeds "similar to" a Corvette... and is priced "similar to" one, too.
 
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"A rate of fire similar to automatic weapons"... OK...

"Similar to..." should be more than roughly 1/2 of the measure of the object in question, in my opinion. By that kind of logic a bicycle can go "similar to" highway speeds I guess. A guy who's 4 feet tall is "similar to" the height of an NBA player. A .308s diameter is "similar to" a .50BMG. A Ford Focus can achieve speeds "similar to" a Corvette... and is priced "similar to" one, too.
They need to consult Vanilla Ice

View: https://youtu.be/a-1_9-z9rbY
 
A good ruling based on Ohio's preemption law, however, I wonder if there is a potential down-side. The judge ruled that bump stocks are a firearm component, not an accessory, and as such are covered by Ohio's preemption law. I wonder if this might eventually make them subject to more regulation at the local, state and federal levels
 
All local firearm laws/ordinances in Ohio are preempted by state law. Cincinnaasty tried to do an AWB years ago, similar outcome.
 
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