AKRON, Ohio – Akron and Cleveland, along with four other cities in Northeast Ohio, are expected to ask a judge next week to block a state law governing firearms from going into effect later this month.

The cities contend in a lawsuit filed against the state in Summit County Common Pleas Court that a provision of the law violates home-rule protections under the Ohio Constitution by restricting local firearms ordinances and should not go into effect until their case is heard.

Their hearing is hearing is set for 10 a.m. Monday in Common Pleas Judge Alison McCarty’s courtroom, according to court records. The other cities involved in the case are Barberton, Cuyahoga Falls, Norton and Tallmadge.

At issue is a provision in House Bill 228, which was passed a year ago and takes effect Dec. 28. The provision amends part of the Ohio Revised Code to restrict local ordinances and regulations regarding the possession, sale and manufacture of firearms and ammunition. It also allows gun owners who believe their rights have been violated to sue a municipality and seek damages.

Attorney Stephen Funk, of the Akron office of Roetzel & Andress, is representing the cities. He could not be reached Friday about the case. But in the lawsuit, Funk argues that the law infringes on municipalities’ home-rule authority to adopt and enforce gun laws, including those that don’t conflict with state laws.

Funk has requested a preliminary injunction to delay the provision from going into effect until the court rules on its constitutionality.

The lawsuit alleges that the law is set to preemptively declare all municipal gun laws “null and void” as they relate to the ownership, sale and manufacture of firearms of ammunition.

A spokesman for the Ohio Attorney General’s office said the state does not comment on pending litigation.

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