- Published: 04 April 2019
America’s founding document, the Declaration of Independence, expressly states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men…”
Our government was instituted to secure our rights, and our constitution is predicated by the rights of the people, principally in the first ten amendments, commonly known as the Bill of Rights.
The first of the amendments addresses freedom to worship, speak, publish, assemble, and petition.
The second amendment guarantees the right to keep and bear arms.
The remaining amendments in the Bill of Rights address other rights we deem as unalienable.
ORC 9.68 secures our right to keep and bear arms by declaring all gun laws in our state must be state laws that apply to one and all or not at all. It was created in response to wide-ranging and repeated violations of our right by municipalities by local ordinances in conflict with state law. Gun types, purchase requirements, ammunition limits, carrying styles, magazine types, trigger functions, and more became a hodgepodge of legal peril to the law abiding citizen.
It became literally impossible for a legally armed person to travel from one side of the state to the other without unknowingly committing crimes, often felonies.
The Ohio General Assembly, in their wisdom, reverted to the original purpose of government as per the Declaration of Independence, and chose to secure our rights by making ORC 9.68 a General Law of the state, which the local municipalities cannot override.
Imagine the outcry if a city or town outlawed certain churches, speech, newspapers, or public gatherings! The state wouldn’t stand for it, (nor should they) and would promptly pass another General Law protecting those rights as well.
That government is instituted to protect our rights is engrained into our national soul. That is its sole reason for being. Every law ought to be to protect our rights, be it a criminal law, civil law, or traffic ordinance.
ORC 9.68 is not only constitutional, it is the duty of government, here in the Great State of Ohio.
The true shame of ORC 9.68 is the local ordinances of many municipalities, which violated this duty and required state protection of our rights in the first place.