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Once upon a journalist loophole poison pill PDF Print E-mail
Written by Jeff Garvas   
Friday, 17 March 2006

Many of you will remember when HB12 was debated and passed into law we referred to many portions of the legislation as attempted poison pills. A poison pill is an amendment to legislation intended to cause supporters to dislike their own legislation enough to kill it. Ohioans For Concealed Carry did just that in 2003 when we revoked our support for House Bill 247, when concealed carry was completely prohibited in motor vehicles.

In HB12 this included the open carry in a vehicle provision and the journalist loophole, which allows any journalist to demand the name, county of residence, and data of birth of any concealed handgun licensee. 

Today, the news media is referring to an amendment made by Rep. Tom Brinkman to HB9 that we reported on earlier as a "poison pill" amendment. That amendment makes it possible for license holders to opt-out of the open records loophole. To add insult to injury, according to the Columbus Dispatch, thirteen Democrats helped make a 51-43 vote on the amendment happen.

Then Governor Bob Taft threatened to veto the bill, proving yet again what he thinks of gun owners and their privacy. Now, the news media is facing the very frustration gun owners experienced when trying to pass concealed carry legislation. 

This Columbus Dispatch article elaborated on just how many key Democrat votes played a role in passing Brinkman's opt-out amendment. In a 51-43 tally almost every Democrat vote was needed.

Thirteen Democrats, including Ohio Democratic Party Chairman Chris Redfern, voted to restrict access to gun permits, helping the GOP-sponsored amendment to pass 51-43.

House Minority Leader Joyce Beatty, D-Columbus, said that although fellow Democrats support more access to public records, those who voted to restrict gun records "also have to go home to their districts where their constituents support concealed carry."
Unfortunately, House Speaker Husted buckled to pressure from Governor Taft and voted against the proposal after failing to table the amendment.
House Speaker Jon A. Husted, R-Kettering, said he voted against the proposal in part because of Taft’s veto threat.

"I did not believe it was appropriate for an open-records bill," Husted added.
What we don't exactly understand is why this amendment wasn't appropriate for an open-records bill. The current law creates a special open record for journalists, who turn around and reveal that information to the public that was never intended to have access to complete lists of license holders. This is the very bill this amendment belongs in.

This Canton Repository Story had even more coverage of amendments to come. Representative Seitz is a long-term friend of Ohioans For Concealed Carry and gun owners, and he voted in favor of the journalist loophole amendment:
Seitz, who voted for House Bill 9 in committee, on the House floor and for the gun amendment, said he plans to find soon another piece of legislation to which he can attach changes to limit access. He wants to cut access to judicial records, documents from so-called executive or closed sessions by local governments, and deliberations about local economic development.
Of course, Representative Jim Aslanides has championed fixing this issue ever since he promised to take the privilege away the moment the news media abused it:
State Rep. James Aslanides, R-Coshocton, and author of the state’s conceal-carry law, has been wanting to eliminate public access to permit information since he started working on the law several years ago. He said the amendment wouldn’t have been necessary had newspapers not abused that access. He named five newspapers and a television station for doing so, but said The Plain Dealer in Cleveland was primarily responsible because it published lists from nearly a dozen counties.
Sadly, Frank Deaner of the Ohio Newspaper Association, which was opposed to concealed carry and likely coordinated statewide editorials against the legislation, is still oblivious to the dangers of publishing entire lists of license holders.
“We still don’t have any indication that newspapers are using (information) indiscriminately,” said Frank Deaner, executive director of the Ohio Newspaper Association.

Deaner also said supporters of eliminating access “conveniently overlook that in the process of issuing permits, sheriff’s departments destroy background checks. Now there is no way of checking the honesty of the process.”
In Deaner's world the background investigation of an individual seeking a concealed carry license should be public record so that the news media could "check the honesty of the process".

To date, neither Deaner nor any other news media representative has not offered an explanation for why the news media stated they needed this provisions to "verify the process", yet they've never published anything but blanket lists of license holders.

Newspapers don't use the process to request one-name-at-a-time and include the information in stories involving shootings. Never do you see stories that include "The suspect did not have a license to carry a concealed handgun", but the news media is supposedly verifying the honesty of the process -- not intimidating people from obtaining a license by publishing blanket lists.

Most importantly, it is not time to celebrate this as a success. The legislation will go to the Ohio Senate, where it will face the inevitable attempts to repeal this amendment. We must maintain a majority in the Ohio Senate to prevent this language from being stripped from House Bill 9. From the Canton Repository story:
Oelslager [the bill's sponsor] said he got the amendment five minutes before the vote and didn’t have time to study it. No one spoke against it.

“We’ll have the opportunity to work on it in the Senate,” Oelslager said after the vote.

Senate President Bill Harris, R-Ashland, said he didn’t know the details of the House action, but did say he hoped to have the bill to Taft by the end of the year.
Do not forget to contact your Senators and tell them to defeat SB292 and keep the Brinkman amendment in House Bill 9.