2009 Year in Review

Published on Thursday, 31 December 2009 21:24

Written by Daniel White

Happy New Year from Ohioans For Concealed Carry!

2009 was a special year for OFCC as we celebrated our ten year anniversary. We'd like to thank each and every one of you who have helped us be successful and done so much for protecting and expanding gun rights in the state of Ohio.

As we look back on the year, we saw some key victories as well as some unfortunate tragedies, in particular the loss of OhioCCW Forums moderator Jeff Kirchner in late July. Jeff was a long-time volunteer and his loss is still felt.

One of the key themes for the year was the battle over removing the ban on carrying loaded guns in national parks. After many years of work (OFCC was an official signatory on two major petitions urging removal of the ban), efforts finally prevailed at the end of the George Bush administration and the ban was overturned. On January 9th, the new rules went into effect and law abiding citizens could once again legally carry guns in National Parks and Wildlife Refuges if the state in which that park was located allowed it. What followed was months of debate and often contentious statements in the media and from gun control organizations and the ban removal would soon see a setback.

January was dominated with the debate over the appointment of Eric Holder as U.S. Attorney General. While part of the Clinton Department of Justice, Holder co-signed an amicus brief in the DC v. Heller case in favor of the DC gun ban. Despite efforts by pro-gun forces, Holder was confirmed.

January was also the five year anniversary of the signing of House Bill 12, the legislation that legalized concealed carry in Ohio for the first time in 145 years. OFCC was at the forefront of the fight to get concealed carry, so the anniversary held particular meaning for many of our long-time members.

January also saw the introduction of the biggest red herring of 2009, HR 45, the “Blair Holt's Firearm Licensing and Record of Sale Act of 2009.” This bill, which called for all sorts of gun rights restrictions including mandatory licensing of gun owners and registration of firearms, was similar to other such bills that get introduced every session and nearly identical to one introduced in 2007 by the same legislator. It was relegated to committee without co-sponsors or any real support and like its predecessor won’t even make it to the floor of the House for a vote, yet gun rights activists spent the rest of the year fielding questions about it from concerned citizens.

January also saw President Obama taking the oath of office. In the wake of his elections, sales of guns and ammunition would soar and this trend continued after his inauguration leading to the rest of the year being plagued by shortages of ammunition.

This busy month included the introduction of a national concealed carry reciprocity bill via the Thune Amendment. This bill would have mandated that states accept each other’s concealed carry licenses. The bill would eventually fail by two votes with both of Ohio’s Senators voting against it.

Locally, OFCC continued efforts to intervene in the lawsuit filed against the State of Ohio by the City of Cleveland. The City was challenging that statewide preemption of gun laws was unconstitutional due to Home Rule. Cleveland lost the suit on the last day of 2008 but filed an appeal a few weeks after. A joint effort by OFCC and the NRA to join in as co-defendants was repeatedly denied.

In February, the Brady Campaign to Prevent Gun Violence (and ownership) issued their annual report card. Ohio scored 13 out of a possible 100 points and came in 20th to last. Our neighbors West Virginia and Kentucky did very well, coming in 43rd and 48th, respectively. Kentucky was tied for last place with Louisiana and Oklahoma. That same month, OFCC attended the first of numerous meetings with Ohio lawmakers to make plans to continue to work with the Ohio legislature to expand freedoms for gun owners and lower our Brady score as much as possible.

Also in February, Skip Coryell announced the founding of the Second Amendment March, a peaceful march on Washington by gun owners tired of their rights being trampled on. OFCC was soon selected as the group coordinating the March for Ohio and a statewide march is planned on April 10, the week prior to the April 19 national March. OFCC Executive Director Daniel White was also invited to join the Board of Directors for the March.

In March, Ohio Attorney General Richard Cordray released the 2008 annual report for concealed handgun licenses issued that year. The report noted that 2008 saw a 53% increase over the previous year in licenses issued, demonstrating the ever increasing popularity of armed self-defense particularly in uncertain times that would see a spiraling economy lead to some desperate criminal attacks.

Later that month, a bill OFCC had written that would remove the ban on dining in a restaurant that serves liquor was formally drafted by the Ohio Legislative Service Commission. The OFCC legislative committee began shopping the bill and worked on picking up support from some key legislators in the House.

A negative bill was introduced that month, though. HB 85 would have made it illegal for anyone under twenty-one years of age from possessing a firearm, subject to specified exceptions for lawful hunting, sporting, or educational purposes and for law enforcement officers. Fortunately, the bill failed to garner any support and is not expected to gain any ground.

Unfortunately, March also saw U.S. District Judge Colleen Kollar-Kotelly, who had been appointed by President Bill Clinton, issue an injunction against the rules change in National Parks, returning the gun ban following a lawsuit by the Brady Campaign to Prevent Gun [Ownership]. It is worth noting that there was not one single accidental shooting, intentional shooting, or poaching incident in the nearly three months the rule change was in effect. The fight was not over.

In April, a case that could one day have implications for Ohio was decided in California when the Ninth Circuit Court of Appeals ruled that “the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.” This set the stage for another run at the U.S. Supreme Court which could expand the ruling to all states.

May was greeted with the success of OFCC’s fifth annual Fun ‘n Gun fundraiser, held this year at the Rochester Rod and Gun Club in weather warm enough for short sleeves. Participants braved high ammunition prices and poor ammo availability for a day of fun and support for the organization.

Also in May, OFCC Coordinator Derek DeBrosse represented the organization at the NRA annual meeting held this year in Phoenix. While there, Derek got a chance to meet with NRA Executive Vice President Wayne LaPierre and talk about the future of the gun rights fight in Ohio.

As May drew to a close, an amendment was introduced in the U.S. legislature to once again remove the ban on guns in National Parks. The Senate quickly passed the bill, and the House soon followed. President Obama signed the bill and it is scheduled to go into effect in mid-February of 2010. However, the gun grabbers have not given up hope and may yet file another lawsuit to stop it.

Before the month would end, the 1st quarter statistics for Ohio CHL issuance was released, this time showing an astounding 139% increase over the first quarter of 2008. Ohio’s CHL program continues to remain popular despite the best efforts of national and statewide gun control groups.

June started off with the introduction of House Bill 203, the bill drafted in part by OFCC which would remove the ban on concealed carry in a restaurant that serves alcohol provided the armed citizen is not consuming liquor. The bill had two sponsors and 16 co-sponsors and would begin having hearings later in the year.

Early June also brought about a ruling by the Seventh Circuit Court of Appeals upholding gun bans in Chicago and Oak Park, Illinois. This would soon dovetail with another ruling and set up a Supreme Court battle.

June also saw OFCC members giving back to their community by participating in a litter clean up along I-90 near Cleveland as part of the Adopt-a-Highway program.

In July, OFCC held the sixth annual Party in the Park member picnic. Despite the wind and rain, more than one hundred fifty people turned out to listen to the speakers, enjoy the food, and network with other gun rights activists and their families. At the picnic, it was announced that the Ohio Senate had honored OFCC with a Commendation marking the occasion of our tenth anniversary. This Commendation was spearheaded by Senator Karen Gillmor and we are very grateful to her and the entire Senate for this honor.

July also saw some changes to Ohio’s gun laws when an amendment to a budget bill raised the fee for a CHL from $55 to $67, but lowered the fee for a renewal from $55 to $50. The application for renewal was changed to require only the licensees addresses back to the date of the last renewal, the AG pamphlet is no longer required to be printed by the AG’s office (it is available in digital form), and ammunition is now allowed to be loaded into stripper or en-bloc clips.

Towards the end of the month, OFCC upgraded the software for the main OFCC website and the site underwent a redesign that has proved very popular. Part of the reason for the upgrade was a security exploit that allowed hackers to attack and deface our website. The new security in the upgrade has so far been successful in keeping such attacks at bay.

Also in July, the Thune Amendment failed by two votes. This amendment would have mandated that all states who issue a license for or otherwise allow their own residents to carry a concealed firearm for personal protection recognize the concealed carry permits of nonresidents. Both of Ohio’s senators voted against the amendment.

In August, the U.S. Seventh Circuit Court of Appeals ruled that it is legal for a federal, state, or local government to require gun registration and that there is no Constitutional conflict. This ruling conflicted with the Ninth District’s earlier ruling and would send the issue of incorporation of the Second Amendment to the Supreme Court of the United States in September.

Later that month, OFCC announced Ohio University’s Matthew Kessler as the recipient of the 2008 academic scholarship.

In September, OFCC joined gun rights activists from all over the nation at the 24th annual Gun Rights Policy Conference in St. Louis. This conference was valuable not only for networking but also in priming us for second amendment fights looming on the horizon, such as warnings of new attacks on ammunition ownership.

For October, OFCC upgraded the webstore to a new software package created by a pro-gun Texas company. This new software not only upgraded many of the administrative capabilities but also gave the flexibility to match the store theme to the main OFCC website for a more seamless user experience.

In late October, Ohio joined several other states by beginning the process of declaring independence of Federal gun restrictions. House Bill 315 would make all guns manufactured wholly within the state of Ohio exempt from federal gun regulations provided sales are within state boundaries. The Bureau of Alcohol, Tobacco, Firearms, and Explosives has vowed to fight any such legislation using the Commerce Clause.

November started off with the first hearing of House Bill 203, the Restaurant Carry bill. The first hearing was sponsor testimony given by Representatives Bubp and Martin. Amongst other things, Rep. Martin noted that 42 other states (41 now that Tennessee’s law was declared unconstitutionally vague) have some provision for carrying a firearm in an establishment that serves alcohol and Rep. Bubp noted that forcing a CHL holder to leave their firearm in their vehicle leaves it vulnerable to theft.

A few weeks later, the 8th Ohio District Court of Appeals sided with the City of Cleveland and overturned the trial court's decision by ruling that Ohio Revised Code 9.68, which provided for statewide preemption of gun laws, is unconstitutional as it pertains to rifles and shotguns and open carry. The 8th District court feels it applies only to concealed carry licensing laws. OFCC immediately got in touch with the Ohio Attorney General’s office and was assured that the State would appeal and soon a request for a stay was filed. The denial of the motion to intervene filed by the NRA and OFCC was upheld and continued to thwart efforts to stand up for preemption.

In early December, it was announced that a second hearing on House Bill 203 (Restaurant Carry) would be held by the House Public Safety and Homeland Security Committee. However, the hearing was canceled within 15 minutes when it was discovered that there were no rooms available for a hearing. The hearing has been unofficially rescheduled for January 12th.

About that same time, OFCC kicked off holiday celebrations by holding five Meet & Greets across the state for members to get together and have some holiday fun. Like last year, these proved to be very popular and will likely be continued, and possibly expanded, next year.

That brought the year to a close. 2009 was a very busy year for OFCC with successes and challenges in abundance. Next year will be even more hectic as we continue the fight to expand gun rights for all law-abiding Ohioans and we thank all of you who join, support, and donate time and money to Ohioans For Concealed Carry. As a grassroots organization, it is the strength of our members that help us succeed and we’re grateful for each and every one of you. Here’s to a happy and safe New Year and to even more success for Ohio gun rights in 2010!

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