OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 218 Bill Analysis
135th General Assembly
Click here for H.B. 218’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Brewer and Upchurch
Effective Date:
Shalanda R. Plowden, Research Analyst
SUMMARY
Repeals the statute that preempts local authority over specified types of firearms-
related conduct.
DETAILED ANALYSIS
Repeal of R.C. 9.68
The bill repeals R.C. 9.68.
The version of R.C. 9.68 that came into effect after December 28, 2019, states the
General Assembly’s finding of 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, including references to the
manufacture, taxation, keeping, and reporting of loss or theft of firearms, their components,
and their ammunition.1
The section states the individual right to keep and bear arms is a fundamental individual
right that predates the U.S. Constitution and Ohio Constitution. A provision of the section states
that 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.2
Under the section, except as specifically provided by the U.S. 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
1 R.C. 9.68(A).
2 R.C. 9.68(A).
October 30, 2023
Office of Research and Drafting LSC Legislative Budget Office
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. R.C. 9.68 preempts, supersedes, and declares
null and void any further license, permission, restriction, delay, which interferes with the
fundamental individual right described above 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 firearms, including hunting and sporting activities. 3
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 the provisions described above may bring a civil action against the subdivision seeking
damages from the subdivision, declaratory relief, injunctive relief, or a combination of those
remedies. Any damages awarded are awarded against, and paid by, the political subdivision.4
In addition to any actual damages awarded against the political subdivision and other
relief provided with respect to such an action, the court must award reasonable expenses to
any person, group, or entity that brings the action, to be paid by the subdivision, if either of the
following applies: (i) the person, group, or entity prevails in a challenge to the ordinance, rule,
regulation, resolution, practice, or action as being in conflict with the provisions described
above, or (ii) 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.5
“Reasonable expenses” includes, but is not limited to, reasonable attorney’s fees, court
costs, expert witness fees, and compensation for loss of income.6
The section does not apply to either 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; or 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.7
3 R.C. 9.68(A).
4 R.C. 9.68(B).
5 R.C. 9.68(B)(1) and (2).
6 R.C. 9.68(C).
7 R.C. 9.68(D).
P a g e |2 H.B. 218
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 06-20-23
ANHB0218IN-135/ar
P a g e |3 H.B. 218
As Introduced
Statutes affected: As Introduced: 9.68