JediSkipdogg wrote:Werz, are you saying if one fails the NICS they can still obtain a CHL as long as they pass the requirements in (D)(1)? That's the way I'm taking what you are saying and I disagree as the first part of 2923.125 (it's not even labeled (A) or anything) says....
Sec. 2923.125. It is the intent of the general assembly that Ohio concealed handgun license law be compliant with the national instant criminal background check system, that the bureau of alcohol, tobacco, firearms and explosives is able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a concealed handgun license permit under section 2923.125 or 2923.1213 of the Revised Code unless the person is eligible lawfully to receive or possess a firearm in the United States.
Which means what? A statement of intent? Does that have more substantive value than "Committee Comments"? Are you familiar with the Due Process concept of "void for vagueness"?
The "statement of intent" was the bone
they (and you know who I mean) threw out to appease Texas on reciprocity when certain mean SOBs did just about everything possible to sabotage the federal disabilities being slipped into R.C. 2923.13. It describes no substantive disqualifiers, and it has no more value than to claim that the disqualifiers under R.C. 2923.125(D)(1) comply with federal law. Attempting to enforce that "statement of intent" as an objective statement of law gets into real constitutional law issues that are beyond the scope of just reading an Ohio Revised Code provision.
And regarding the fear that
da Fedz can change Ohio law by amending the underlying federal law, this ain't our first rodeo. The Ohio Supreme Court addressed this issue years before licensed concealed carry became lawful in Ohio:
"The General Assembly may adopt provisions of federal statutes that are in effect at the time the state legislation is enacted. *** [T]he General Assembly may update and revise [the Ohio statute] to incorporate amended versions of the federal *** law." State v. Gill, 63 Ohio St.3d 53, 56 (1992).
Unless the Ohio law is amended, the only federal law which can be enforced by reference is that which existed at the time.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
; are you saying after 234 goes into effect, Ohio Revised Code will preempt any changes the Fed. makes to their NICS qualification check for an Ohio concealed carry license ?
that you