Ohioans For Concealed Carry - The Premier Gun Rights Organization in Ohio Since 1999 - Revised Preemption And CCW Reform Passes Ohio Senate

What is this?

Featured Item

OFCC Gift Membership with commemorative lapel pin!

2009 OFCC Calendar

Upcoming Events

Deadline for Scholarship Applications
November 30, 2008

Revised Preemption And CCW Reform Passes Ohio Senate

Written by Jeff Garvas

Wednesday, 29 November 2006

Media Inquiries: (216) 496-3928
The Bill (before minor amendments): Sub HB347 (PDF)
The Bill (as passed by the Senate): HB347 Final (pdf)
Discussion Forums: HB347 Passes Committee

The Ohio Senate Criminal Justice Committee adopted a new Substitute House Bill 347 on Wednesday morning ending eleven months of HB347 gridlock. At approximately 2:35 the Ohio Senate passed HB347 by a 19 to 10 vote after rancorous debate. All anti-gun amendments were defeated!

The Ohio House voted (updated) 75-14 to concur with Senate changes, sending Substitute HB347 to Governor Taft for his signature tomorrow. Assuming Governor Taft signs the legislation or lets it become law it should take 90 to 100 days short of any successful efforts to challenge it in court due to the preemption aspects of HB347.

UPDATE: Ohioans For Concealed Carry has learned that Governor Taft says he'll veto HB347 because of the preemption aspects. When the legislature passed HB347 they did so in a sweeping move by passing it in committee, passing it on the Senate Floor, and concurring to those changes in the Ohio House. Unlike HB12, the Governor's office had practically no time to object and put the brakes on HB347 before it was passed. OFCC believes that the Ohio House and Senate has the votes needed to override Governor Taft's veto since only 60 House and 20 Senate votes would be needed. Despite the 19 votes we received in the Senate we know that two very strong HB347 votes were absent. The return of those two votes would give us more than enough votes to reach a 3/5ths majority.

NRA NEWS: Ohioans For Concealed Carry will appear on NRA News this evening to discuss today's events both at 5 O'clock on The Daily News with Ginny Simone and Cam & Company's 9-12 show. Be sure to tune into http://www.NRANews.com or watch it tomorrow in replay!

We fully expect the Senate to pass HB347 and send it back to the Ohio House for a concurrence vote of the full House. There is still time for that to take place this week. Ohioans For Concealed Carry fully expects the House to concur with the Senate changes, creating an Act of the General Assembly that will be sent to Governor Bob Taft’s desk.

In order for an Act to become law the Governor must sign it or allow it to become law by not vetoing it for ten days after he receives it, Sundays not included. We do not anticipate Governor Taft vetoing HB347 should it make it to his desk. It will become law either 90 days after the Governor signs the Act or 100 days after the Governor received the bill should he choose to allow it to become law without his signature.

An analysis of the legislation as the Senate Criminal Justice Committee adopted it is provided below. We strongly urge our readers to understand that what is discussed below is not the law in the State of Ohio today and won’t be for many months. Continue to obey all existing Ohio laws.

TWO STEPS BACKWARDS:

The Senate Committee chose to remove the provision in HB347, as passed by the House, that allows an intoxicated concealed carry permit holder to transfer their handgun to another person.

Additionally, the committee chose to remove the provision in HB347, as passed by the House, which specifies sheriffs may not considered expunged or sealed records when determining whether a person is eligible for a concealed carry permit.

CONCEALED CARRY CHANGES:

Carrying in a motor vehicle has been changed so that the requirement to carry “in plain sight” is no longer the only way to carry a firearm on your person. A license holder may carry in one of the following ways, including a concealed holster on their person:

o The handgun is in a holster on the person’s person;
o The handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or a buckle, all of which must be opened for a person to gain access to the handgun; or
o The handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked.

Failure to notify a police officer would become a first-degree misdemeanor (currently a third degree misdemeanor) and include a one-year license suspension. A second charge of this offense would be a fifth degree felony.

In addition to the existing charges for failure to keep your hands in plain sight and remain in a vehicle (M1 for first offense, F5 for subsequent) while stopped would be a new one-year license suspension.

Failure to comply with any lawful order would incur a two-year license suspension in addition to the M1 charges for first offenders and F5 for subsequent offenders. These penalties would also apply to someone who is stopped by law enforcement not necessarily in a motor vehicle.

HB347 requires licensees to now declare (if they are carrying) when approached by a highway patrol motor carrier enforcement inspector. Enforcement inspectors are not fully commissioned peace officers. This section of HB347 should only apply to commercial vehicle licensees.

The application used for initial and renewal applicants would be modified to ask if the applicant has applied anywhere else for a license or permit, including other states.

The cost to apply for a license will no longer be based on how many years a person has lived in the State of Ohio, and will increase to a maximum of $55.

STATEWIDE PREEMPTION:

The most sweeping reform to firearms legislation in the State of Ohio to take place in recent history is statewide preemption. The State would assume authority of all firearms laws, creating a general law “monopoly” on every gun law except zoning restrictions that didn’t completely prevent the sale or use of firearms.

Although HB12 clearly prohibits local governments enacting gun bans and concealed carry bans this change would completely clarify the situation: No local government may pass gun laws or continue in existence any gun laws other than zoning laws. Statewide Preemption would eliminate Toledo’s gun scoring system, Dayton’s gun owner card, and Cleveland, Columbus and the City of Shaker Height’s pointless assault weapons bans.

Further, HB347 would require courts to award costs and reasonable attorney fees to any person or organization, such as Ohioans For Concealed Carry, who prevails in a challenge against an ordinance, rule, or regulation that is in conflict with the statewide preemption clause of HB347. A very recent ruling by the Ohio Supreme Court suggests that this preemption will prevail should local governments attempt to challenge it under the home rule amendment.

OTHER ACTIONS OF THE BILL:

The Ohio Senate has chosen to use HB347 to add Ohio Bureau of Criminal Identification Investigative agents the definition of “peace officer” so that these agents are subject to training and are authorized to carry in the same manner as other peace officers. Ironically, the amendment specifies that these agents do not have arrest authority.

With respect to peace officers HB347 also clarifies that police officers who are subject to annual weapons training and testing are permitted to carry while off-duty if the officer’s appointing authority authorizes them to do so. This is supposedly required to align Ohio law with federal law. (Presumably HR218)

HB347 will create standards for law enforcement agencies to issue identification to meet standards set forth in federal law (Presumably HR218)

HB347 will increase the penalty for stealing a firearm from an FFL to a felony.

Written by Jeff Garvas
Wednesday, 29 November 2006
Media Inquiries: (216) 496-3928 The Bill (before minor amendments): Sub HB347 (PDF) The Bill (as passed by the Senate): HB347 Final (pdf) Discussion Forums: HB347 Passes Committee The Ohio Senate Criminal Justice Committee adopted a new Substitute House Bill 347 on Wednesday morning ending eleven months of HB347 gridlock. At approximately 2:35 the Ohio Senate passed HB347 by a 19 to 10 vote after rancorous debate. All anti-gun amendments were defeated! The Ohio House voted (updated) 75-14 to concur with Senate changes, sending Substitute HB347 to Governor Taft for his signature tomorrow. Assuming Governor Taft signs the legislation or lets it become law it should take 90 to 100 days short of any successful efforts to challenge it in court due to the preemption aspects of HB347. UPDATE: Ohioans For Concealed Carry has learned that Governor Taft says he'll veto HB347 because of the preemption aspects. When the legislature passed HB347 they did so in a sweeping move by passing it in committee, passing it on the Senate Floor, and concurring to those changes in the Ohio House. Unlike HB12, the Governor's office had practically no time to object and put the brakes on HB347 before it was passed. OFCC believes that the Ohio House and Senate has the votes needed to override Governor Taft's veto since only 60 House and 20 Senate votes would be needed. Despite the 19 votes we received in the Senate we know that two very strong HB347 votes were absent. The return of those two votes would give us more than enough votes to reach a 3/5ths majority. NRA NEWS: Ohioans For Concealed Carry will appear on NRA News this evening to discuss today's events both at 5 O'clock on The Daily News with Ginny Simone and Cam & Company's 9-12 show. Be sure to tune into http://www.NRANews.com or watch it tomorrow in replay! We fully expect the Senate to pass HB347 and send it back to the Ohio House for a concurrence vote of the full House. There is still time for that to take place this week. Ohioans For Concealed Carry fully expects the House to concur with the Senate changes, creating an Act of the General Assembly that will be sent to Governor Bob Taft’s desk. In order for an Act to become law the Governor must sign it or allow it to become law by not vetoing it for ten days after he receives it, Sundays not included. We do not anticipate Governor Taft vetoing HB347 should it make it to his desk. It will become law either 90 days after the Governor signs the Act or 100 days after the Governor received the bill should he choose to allow it to become law without his signature. An analysis of the legislation as the Senate Criminal Justice Committee adopted it is provided below. We strongly urge our readers to understand that what is discussed below is not the law in the State of Ohio today and won’t be for many months. Continue to obey all existing Ohio laws. TWO STEPS BACKWARDS: The Senate Committee chose to remove the provision in HB347, as passed by the House, that allows an intoxicated concealed carry permit holder to transfer their handgun to another person. Additionally, the committee chose to remove the provision in HB347, as passed by the House, which specifies sheriffs may not considered expunged or sealed records when determining whether a person is eligible for a concealed carry permit. CONCEALED CARRY CHANGES: Carrying in a motor vehicle has been changed so that the requirement to carry “in plain sight” is no longer the only way to carry a firearm on your person. A license holder may carry in one of the following ways, including a concealed holster on their person: o The handgun is in a holster on the person’s person; o The handgun is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or a buckle, all of which must be opened for a person to gain access to the handgun; or o The handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is locked. Failure to notify a police officer would become a first-degree misdemeanor (currently a third degree misdemeanor) and include a one-year license suspension. A second charge of this offense would be a fifth degree felony. In addition to the existing charges for failure to keep your hands in plain sight and remain in a vehicle (M1 for first offense, F5 for subsequent) while stopped would be a new one-year license suspension. Failure to comply with any lawful order would incur a two-year license suspension in addition to the M1 charges for first offenders and F5 for subsequent offenders. These penalties would also apply to someone who is stopped by law enforcement not necessarily in a motor vehicle. HB347 requires licensees to now declare (if they are carrying) when approached by a highway patrol motor carrier enforcement inspector. Enforcement inspectors are not fully commissioned peace officers. This section of HB347 should only apply to commercial vehicle licensees. The application used for initial and renewal applicants would be modified to ask if the applicant has applied anywhere else for a license or permit, including other states. The cost to apply for a license will no longer be based on how many years a person has lived in the State of Ohio, and will increase to a maximum of $55. STATEWIDE PREEMPTION: The most sweeping reform to firearms legislation in the State of Ohio to take place in recent history is statewide preemption. The State would assume authority of all firearms laws, creating a general law “monopoly” on every gun law except zoning restrictions that didn’t completely prevent the sale or use of firearms. Although HB12 clearly prohibits local governments enacting gun bans and concealed carry bans this change would completely clarify the situation: No local government may pass gun laws or continue in existence any gun laws other than zoning laws. Statewide Preemption would eliminate Toledo’s gun scoring system, Dayton’s gun owner card, and Cleveland, Columbus and the City of Shaker Height’s pointless assault weapons bans. Further, HB347 would require courts to award costs and reasonable attorney fees to any person or organization, such as Ohioans For Concealed Carry, who prevails in a challenge against an ordinance, rule, or regulation that is in conflict with the statewide preemption clause of HB347. A very recent ruling by the Ohio Supreme Court suggests that this preemption will prevail should local governments attempt to challenge it under the home rule amendment. OTHER ACTIONS OF THE BILL: The Ohio Senate has chosen to use HB347 to add Ohio Bureau of Criminal Identification Investigative agents the definition of “peace officer” so that these agents are subject to training and are authorized to carry in the same manner as other peace officers. Ironically, the amendment specifies that these agents do not have arrest authority. With respect to peace officers HB347 also clarifies that police officers who are subject to annual weapons training and testing are permitted to carry while off-duty if the officer’s appointing authority authorizes them to do so. This is supposedly required to align Ohio law with federal law. (Presumably HR218) HB347 will create standards for law enforcement agencies to issue identification to meet standards set forth in federal law (Presumably HR218) HB347 will increase the penalty for stealing a firearm from an FFL to a felony.

Get Involved

Services

More Information

Featured Item

Upcoming Events