# Patrol, GOP near deal on gun bill - Compromise would supersede local laws



## Shipwreck (Jan 26, 2006)

*Patrol, GOP near deal on gun bill 
Compromise would supersede local laws *

Tuesday, November 28, 2006
Jim Siegel 
THE COLUMBUS DISPATCH

Republican lawmakers and the State Highway Patrol have reached a deal on how guns can be carried in vehicles, perhaps smoothing enactment of a bill that would modify Ohio's concealed-handgun law.

The bill, among other things, no longer would permit local governments to pass gun laws that go beyond the restrictions set by state lawmakers. This includes the assault-weapons ban passed by Columbus officials in the summer of 2005, and prohibitions on guns in parks or other places not designated as gun-free zones in state law. Those local laws would be invalidated.

Gov. Bob Taft had threatened to veto the bill, based on opposition from the patrol, which earlier objected to proposed changes in the way people could conceal guns in their vehicles.

"I think we have a bill that the Second Amendment people support and that law enforcement is OK with," said Sen. Jim Jordan, R-Urbana, chairman of the Senate Criminal Justice Committee, which is hearing the bill.

The main fight centered on whether concealed-carry permit holders, while in a vehicle, should be required to carry a gun either holstered in plain view or locked away in a glove box.

If the gun isn't locked away, the patrol wanted the gun in plain sight to protect troopers involved in traffic stops.

But gun-rights advocates, including bill sponsor Rep. James Aslanides, R-Coshocton, argued the plain-sight law caused logistical problems, particularly for women who carry guns in their purses rather than a holster. He also said it created unnecessary safety risks to move a gun from a holster to a glove box.

The patrol now is backing away from its plain-sight requirement in exchange for an increased criminal penalty if the person fails to notify an officer that he or she is carrying a concealed gun. The penalty would go from a fourth- to a first-degree misdemeanor, with a twoyear gun permit suspension.

"Our main concern was that if they do away with the plainsight that we, as law enforcement, wanted to ensure our officers' safety the best that we could," said Lt. Shawn Davis, of the patrol's Office of Strategic Services.

Davis said the patrol will take a neutral stance on the new version of the bill, to be introduced Wednesday, when a committee vote also is scheduled. An earlier version passed the House in March, 76-19.

Taft spokesman Mark Rickel offered no insight into whether the governor would support the revised measure. "It has not been a priority for the governor at this point."

Cities including Columbus have opposed having their gun laws pre-empted by the bill. Aslanides said a permit holder can't be expected to know hundreds of different gun laws.

But a spokesman for Columbus Mayor Michael B. Coleman has said the bill disrespects local control and "the ability of cities of any size to keep people safe."

Other expected changes to the bill:

• Eliminating a provision that would allow a person to get a gun permit if his or her criminal record had been expunged.

• Eliminating a provision that would allow an intoxicated permit holder to give his or her gun to someone else. Carrying a gun while drunk is a fifth-degree felony.


----------



## Buckeye (Jul 13, 2006)

It passed the state senate today...have no idea if the fake Republican Gov'na will sign it or veto it, probably he'll just let it sit since he's on the way out and the new Democrat Admin is on the way in  In addition to getting rid of one of the stupid clauses of our CCW laws, it should also prempt the Columbus "Assault Rifle" ban. Mayor Coleman should concentrate more on the the complete ineptness and corruption in his public schools, than spending time whining about this common sense bill, heck they're even having public hearings today about whether our Columbus Police should keep their tasers or not :smt076

http://www.buckeyefirearms.org/article3397.html

November 29, 3006
FOR IMMEDIATE RELEASE

The Ohio Senate today passed Amended Substitute House Bill 347, a sweeping firearm laws reform bill. The House overwhelmingly passed substantially the same Bill this past Spring by an overwhelming, veto-proof majority. The House voter today to concur with the Senate's changes, and the Act is now headed for Governor Taft's desk.

The Bill dramatically improves firearm laws for gun owners and law enforcement in Ohio, including fixes the most severe problems that have become apparent since people began obtaining concealed handgun licenses in Ohio.

Among the changes:

- Law enforcement officers are given "24/7" concealed carry in Ohio, and changes are made to Ohio law to allow our officers to better take advantage of Nationwide concealed carry under Federal Law.

- BCI investigators are now given the same firearm rights as law enforcement officers.

- Concealed Handgun Licenses (CHLs) issued under the new law are good for 5 years versus 4 years under current law. The application fee increases to $55.

- Sheriffs must accept applications for CHLs at least 15 hours per week, ending the administrative harassment some counties were imposing upon applicants.

- License holders can now carry a concealed handgun in a car. It is no longer a requirement that a pistol in a holster on the person or in a locked case be in plain sight.

- License holders may now carry in an unlocked closed purse or bag so long as the purse or bag is in plain sight.

- Local regulation of firearms is now completely preempted at the State level, ending the patchwork quilt of firearm laws across Ohio. Most importantly, this part of the Bill makes the award of attorney fees mandatory for any group that successfully challenges a municipal firearm ordinance, meaning cities that attempt defiance of this provision will financially pay for their obstinance.
Jim Irvine, chairman of Buckeye Firearms Association, said "This Bill is an important step on the path towards modernizing Ohio's firearm laws. We applaud the Senators and Representatives who worked hard to see this Bill to passage, and look forward to continuing this work with them and Governor-elect Strickland next session."

A majority of Buckeye Firearms Association Regional Leaders were present on Wednesday to assure smooth, final passage of the Bill.

"Cities are out of the firearm regulation business" said Buckeye Legislative Chair Ken Hanson.

"As an attorney who litigates firearm rights cases and who also represents and has represented Municipalities, I can say that the mandatory attorney fee provision is a 'big stick'," Hanson continued. "Tax payers are not going to be happy if their elected representatives have to pay $50,000 in attorney fees over futile attempts to continue enforcing worthless local ordinances. Look no further than the Maurice Clarett case to see an example of how criminals are never charged under these ordinances, resulting in the reality that these ordinances only impact the law abiding."

Click 'Read More' below for a copy of the bill and additional information.

Final committee vote was 5-2 with Stivers and Dann not attending.

Final Senate vote was 19-10. Not present on the floor, but supporting the bill, were Democrat Senators Dann & Wilson

Final House vote was 74-14.

House & Senate-passed version of HB347:
HB347-6 (.pdf) 
Two amendments were also adopted by the General Assembly:
AM8766-126.pdf (.pdf)
Topic: Law Enforcement and R.C. 109.801 exemptions not available to persons who transport loaded handgun in vehicle while under the influence.

126_SA_8756_HB_347.pdf (.pdf)
Topic: Increased penalty for felonious assult, aggravated assault, or assault committed against a BCII Investigator


----------



## Buckeye (Jul 13, 2006)

*Update*

The fake Republican Governor has indicated he will veto this bill and I don't know if we have enough to override it. With the Democrats sweeping into power in Ohio we'll be lucky if we maintain any gun rights, let alone improve them :smt011 :smt011 :smt011


----------



## Shipwreck (Jan 26, 2006)

Sorry to hear that guys...


----------

