HB 12 contained pre-emption language, but its validity was called into question as a result of several court decisions. HB347 which became effective on March 14, 2007, included a pre-emption provision that precludes local governments from passing or enforcing local laws controlling the ownership, possession or carrying of firearms. This has been challenged by the City of Cleveland which may still be enforcing its local ordinances; although the head of the Cleveland CPPA (Cleveland Police Patrolman's Association) has indicated that its members will not be enforcing such laws.


In the spring of 2007 Ohioans For Concealed Carry and the NRA intervened in Cleveland's lawsuit on behalf of gun owners. This case is still in litigation, so Cleveland residents and those traveling to or through Cleveland should be cautious until the resolution of this case.

HB 347 also contains a provision that a local government must reimburse any party for costs and reasonable attorney fees if that party prevails in a court challenge to such an ordinance.

ORC § 9.68 states:

Sec. 9.68. (A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal 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.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

(C) As used in this section:

(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person's person or concealed ready at hand, of firearms, their components, or their ammunition.

(2) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(D) This section does not apply to either of the following:

(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.