Legislative News

July 24

The Ohio legislature is out until after the election. 

Ohio courts threw out an attempt by Cincinnati to regulate guns. The issue was their attempt at preempting state law. That’s illegal. 

About 40 years ago, the Court ruled in Chevron vs Natl Resources Defense Council that courts should yield to federal Agencies’ interpretation of laws.  Chevron preemption previously allowed Administrative agencies to take vague laws and make policy based on their own outlooks. The ruling presses Congress to be more detail oriented plus that the courts shall decide such cases in the future. The decision let stand past rulings under such deference. Some of those will be litigated in future cases. 

As an outcome, the Court ruled in favor of gun owners using bump stocks. The key question in Garland v. Cargill was this: Can a bump stock be classified as a machine gun under the National Firearms Act of 1934? The Court says no because of reasons involving whether or not the shooter’s finger is manually operating the gun. 

Ohio previously allowed bump stocks. 

The Supreme Court on Friday upheld a federal law that bars anyone subject to a domestic violence restraining order from possessing a gun. By a vote of 8-1, the court ruled that the law does not violate the Constitution’s Second Amendment, which protects the “right of the people to keep and bear Arms.” The ruling came in United States v. Rahimi. 

This does not completely answer questions about “red flag” laws. Mr. Rahimi was restrained by a court order because of previous domestic disorders. Undecided is whether weapons can be forbidden to a person who is restricted due to threats of suicide and similar.