An appeals court in Ohio has ruled that the city of Cincinnati must pay legal fees after a man, Frank West, successfully challenged the city’s gun storage ordinance. The ordinance, which was enacted in 2033, regulated the storage of unsecured firearms in residences. West argued that the regulation violated Ohio’s state preemption law, which restricts municipalities from passing local gun laws that conflict with state standards.

Background of the Case

West originally faced prosecution under the Cincinnati ordinance but sued the city, arguing that the regulation was unlawful. The city subsequently dropped the charges against West. A trial court judge then voided the Cincinnati ordinance and ruled that the city must pay West’s legal costs. The city filed an appeal against the financial judgment, but 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 estimated to be around $300,000.

The Citizens Committee for the Right to Keep and Bear Arms commented on the appellate decision, stating that when a city adopts an ordinance that directly conflicts with state law, it is reasonable that the city should be required to cover the legal expenses incurred by citizens who successfully challenge that ordinance. The committee’s chairman, Alan Gottlieb, noted that local regulations often create inconsistencies across municipal lines and that state preemption statutes have been adopted to prohibit local governments from setting up their own regulations, which often conflict with neighboring municipalities and exceed state standards.

Original reporting: Tampa Free Press — read the source article.