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As Passed by the Senate
136th
General Assembly
Regular
Session
S. B. No. 278
2025-2026
Senator Johnson
Cosponsors: Senators O'Brien,
Koehler, Manchester, Brenner, Chavez, Cutrona, Gavarone, Huffman,
Landis, Lang, Patton, Schaffer, Timken, Wilkin, Wilson
To
amend section 9.68 of the Revised Code
to
permit individuals to seek punitive or exemplary damages against
municipal corporations that pass gun control measures.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 9.68 of the Revised Code be amended to read as follows:
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, other transfer, manufacture, taxation, keeping, and
reporting of loss or theft of firearms, their components, and their
ammunition, and knives. The general assembly also finds and declares
that it is proper for law-abiding people to protect themselves, their
families, and others from intruders and attackers without fear of
prosecution or civil action for acting in defense of themselves or
others. 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,
including by any ordinance, rule, regulation, resolution, practice,
or other action or any threat of citation, prosecution, or other
legal process, may own, possess, purchase, acquire, transport, store,
carry, sell, transfer, manufacture, or keep any firearm, part of a
firearm, its components, and its ammunition, and any knife, without
being required to have firearm liability insurance, and without being
required to pay a fee for the possession of a firearm, part of a
firearm, its components, its ammunition, or a knife. Any such further
license, permission, restriction, delay, or process interferes with
the fundamental individual right described in this division and
unduly inhibits law-abiding people from protecting themselves, their
families, and others from intruders and attackers and from other
legitimate uses of constitutionally protected arms, including hunting
and sporting activities, and the state by this section preempts,
supersedes, and declares null and void any such further license,
permission, restriction, delay, or process.
(B)
A person, group, or entity adversely affected by any manner of
ordinance, rule, regulation, resolution, practice, or other action
enacted or enforced by a political subdivision in conflict with
division (A) of this section may bring a civil action against the
political subdivision seeking damages
,
including punitive or exemplary damages,
from the political subdivision, declaratory relief, injunctive
relief, or a combination of those remedies. Any damages awarded shall
be awarded against, and paid by, the political subdivision. In
addition to any actual damages awarded against the political
subdivision and other relief provided with respect to such an action,
the court shall award reasonable expenses to any person, group, or
entity that brings the action, to be paid by the political
subdivision, if either of the following applies:
(1)
The person, group, or entity prevails in a challenge to the
ordinance, rule, regulation, resolution, practice, or action as being
in conflict with division (A) of this section.
(2)
The ordinance, rule, regulation, resolution, practice, or action or
the manner of its enforcement is repealed or rescinded after the
civil action was filed but prior to a final court determination of
the action.
(C)
As used in this section:
(1)
The possession, transporting, or carrying of firearms, their
components, their ammunition, or knives 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, their ammunition, or knives.
(2)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
(3)
"Reasonable expenses" include, but are not limited to,
reasonable attorney's fees, court costs, expert witness fees, and
compensation for loss of income.
(4)
"Knife" means a cutting instrument and includes a sharpened
or pointed blade.
(5)
"Arms" includes firearms and knives.
(6)
"Firearm liability insurance" means a policy of liability
insurance covering losses resulting from the use of a firearm owned
by the person covered by the policy.
(D)
This section does not apply to either of the following:
(1)
A zoning ordinance that regulates or prohibits the commercial sale of
knives, 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 knives, 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 knives,
firearms, firearm components, or ammunition for firearms in areas
zoned for commercial, retail, or industrial uses.
Section
2.
That
existing section 9.68 of the Revised Code is hereby repealed.