Columbus is asking a Franklin County judge to stop a new state gun law from taking effect later this month while the court decides whether a portion of the law violates the city's home-rule authority.

Columbus sued the state of Ohio on Tuesday for what it says is an unconstitutional infringement on the city's home-rule power after legislators overrode former Gov. John Kasich's veto of House Bill 228 which, among other changes, shifted the burden of proof in self-defense cases.

The city is arguing that a section of the law, set to take effect March 28, curtails its constitutionally designated authority to set local regulations, such as those the city adopted last year. But the city is seeking a preliminary injunction that would delay implementation of the entire law until the lawsuit is resolved.

"It's a blatant attempt to crush our authority as local leaders to pass laws that address the needs of citizens in our community. It's home rule and guns today. It can be home rule and the environment tomorrow," City Attorney Zach Klein said. "It doesn't matter what the issue is. Cities have the ability to govern themselves and do what is best for our citizens."

Klein and Mayor Andrew J. Ginther announced that the city was filing the lawsuit in the Franklin County Court of Common Pleas at a news conference Tuesday at the Michael B. Coleman Government Center, 111 N. Front St.

"Here's the bottom line: The state of Ohio is gutting gun-safety laws in Columbus, period," Ginther said.

Ohio Attorney General Dave Yost said in a written statement that his office is reviewing the lawsuit, "but the General Assembly acted constitutionally. This office will fulfill its statutory duty to defend the law."

The new law's requirement that prosecutors prove beyond a reasonable doubt that a person did not act in self-defense got the most attention last year. That is a stronger burden of proof than a “preponderance of evidence.”

Gun-rights groups had argued in support of the bill that Ohio is the only state to require shooters to prove they had followed the law in acting in self-defense.

But the law also expands on a section of Ohio Revised Code 9.68 that pre-empts local gun regulations. It adds to a list of several instances in which the state could pre-empt local laws regulating the "manufacture, taxation, keeping, and reporting of loss or theft" of firearms, components and ammunition.

Kasich noted as part of his veto that he believed the bill pre-empted cities’ home-rule ability to enact firearms ordinances.

“ORC 9.68 has been ruled constitutional by the Ohio Supreme Court twice since its inception, and we are confident that it will be ruled constitutional again," said Chuck LaRosa, a director with Ohioans for Concealed Carry.

Last year, Columbus adopted a set of gun regulations that included a prohibition against firearms manufacturers locating in residentially zoned areas of the city. The city’s lawsuit will argue that the new state law attempts to pre-empt its ability to pass a comprehensive zoning code.

Columbus will argue that the law would force the city to allow firearms or ammunition manufacturers to operate in residential neighborhoods.

"We took painstakingly significant efforts to narrowly tailor a law to make sure that we acted within what the state of Ohio would allow cities to do," Klein said.

The city's regulations also banned bump stocks and made it a misdemeanor to have a gun with some convictions, along with other changes. A judge ruled the bump stock ban to be unconstitutional, but said another part of the city code did not conflict with state law. Both Klein and Ohioans for Concealed Carry have appealed those decisions.

Ginther said Tuesday that 74 of the city's 102 homicide victims in 2018 were killed with guns. So far this year, 17 of the 20 homicides were committed with firearms.

"When local officials have the guts to actually take a stand and honor the wishes of the people in their community, the state guts those gun-safety laws. If you're not willing to take on this issue — if you don't have the courage to lead — at least get out of the way," Ginther said.

rrouan@dispatch.com

@RickRouan