HB 203: Many changes to gun laws

[rickt]

Finally, a bill with lots of goodies.

H. B. No. 203
-Representative Johnson.
Cosponsors: Representatives Henne, Gonzales, Adams, J., Conditt, Retherford, Maag, Hottinger, Terhar, Brenner, Beck, Lynch, Sprague, Becker,
Derickson, Wachtmann.

To amend sections 109.69, 109.85, 109.86, 311.41, 2901.09, 2917.11, 2917.31, 2923.11, 2923.125, 2923.1210, 2923.1213, 2923.13, and 2923.14 of
the Revised Code to authorize the automatic validity in Ohio of a concealed handgun license issued by another state if the other state automatically
recognizes as valid in that state an Ohio concealed handgun license without the need for any reciprocity agreement between the states; to eliminate the
requirement that a former military member applying for a concealed handgun license acquire a competency certification if more than six years have passed
since the member's honorable discharge or retirement; to eliminate the requirement that the training required to obtain a competency certification be
conducted for a minimum number of twelve hours; to amend the disqualifiers that prohibit a person from owning a firearm and that prohibit a person from
obtaining a concealed handgun license; to permit a person living in any state to apply for a concealed handgun license or a temporary concealed handgun
license in Ohio; to permit an active or reserve member of the military or their spouse to renew a concealed handgun license by mail if the member or spouse is outside of the state; to permit investigators employed by the Attorney General to investigate Medicaid fraud to go armed in the same manner as
sheriffs and regularly appointed police officers; to require a sheriff to contact the national instant criminal background check system when running a
criminal records check upon an applicant for a concealed handgun license or for a renewal of such a license; to expand the locations at which a person has
no duty to retreat before using force in self-defense; and to provide that the exercise of a constitutional or statutory right is not, in itself, the offense of
disorderly conduct or inducing panic and does not constitute reasonable, articulable suspicion of criminal activity.

http://www.legislature.state.oh.us/bill ... 130_HB_203

[cashman966]

That has just about everything but removing notification and govt CPZs, and then some.

I think the "and then somes" might be there so there is something to be taken out to appease the anti crowd.

[xxxamishxxx]

some good changed but the duty to retreat needs some work.. need to add liability protection.

[rickt]

some good changed but the duty to retreat needs some work.. need to add liability protection.

Liability protection already exists, it's not location dependent like duty to retreat.

http://codes.ohio.gov/orc/2307.60

[Klingon00]

Sounds like good stuff.

[DoubleK]

I think they should amend the renewal to be similar to a drivers license. Present your old, they do a quick check and supply a new one. If not that simple, then the sheriff's office must turn around a renewal in 5 days. There is no reason that a renewal should take a month or more.

[95oRANGEcRUSH]

Me likey, but, I see the AG getting up in arms over the automatic reciprocity thing. Kinda eliminates the ability of the AGs office to throw in their $.02 in the decision making process and we all know how that goes with government.

[WestonDon]

Generally a good bill. There are some things in there I would trade for govt. buildings and notification.

[Werz]

Finally, a bill with lots of goodies.

H. B. No. 203
-Representative Johnson.
Cosponsors: Representatives Henne, Gonzales, Adams, J., Conditt, Retherford, Maag, Hottinger, Terhar, Brenner, Beck, Lynch, Sprague, Becker,
Derickson, Wachtmann.

*** to amend the disqualifiers that prohibit a person from owning a firearm and that prohibit a person from obtaining a concealed handgun license; *** to expand the locations at which a person has no duty to retreat before using force in self-defense; and to provide that the exercise of a constitutional or statutory right is not, in itself, the offense of disorderly conduct or inducing panic and does not constitute reasonable, articulable suspicion of criminal activity.

http://www.legislature.state.oh.us/bill ... 130_HB_203

The devil is in the details ...

• Technically, as written, and as fifth degree felonies have been interpreted by a couple of appellate courts, a person with multiple convictions for trafficking in heroin or crack cocaine would be able to obtain a concealed handgun license. Once that is brought forward, that will be a tough one to sell.
• The amendments to Disorderly Conduct and Inducing Panic do not refer specifically to the right to keep and bear arms, but only to "[t]he exercise of a constitutional or statutory right[.]" I anticipate a lot more unexpected consequences arising under the First Amendment and Article I, Sections 3 and 11, than I do under the Second Amendment or Article I, Section 4.
• The amendment to the duty of retreat is basically a full-fledged "Stand Your Ground" law. Depending on the public reaction to the Zimmerman case, that may also be tough to sell.
• There will be crimes for which a person was not under state disability in the past but will be after this statute. While those people were probably under federal disability, getting the US Attorney's Office to pick up a petty firearms disability case is no easy task. Now it will be easy when those cases can be prosecuted at the state level.

[mrjam2jab]

Me likey, but, I see the AG getting up in arms over the automatic reciprocity thing. Kinda eliminates the ability of the AGs office to throw in their $.02 in the decision making process and we all know how that goes with government.

By the same token, it also removes a lot of work the AG would have to do, by making it automatic in those cases.

And if i read it correctly...if we get our AG here in PA to send an agreement the OH AG would essentially just sign it.

[djthomas]

Good to see the potential changes to the application process. One thing I'd definitely like to see that keeps getting overlooked is that a renewed license should expire five years from the expiration of the license being renewed. With sheriffs all backed up people are getting in as early as they can. In doing so they lose time. So for example my initial CHL was issued in May of 2005. I renewed in February of 2009 so my current one expires in February of 2014. If I renew 90 days in advance I'll be looking at my next renewal expiring in November/December 2019.

Meanwhile tomorrow I'm going to go renew my driver license a month and a half in advance and it's still going to expire on my birthday in 2017.

I'm also a bit disappointed that there's still no interest in reeling in the number of CPZs. That nobody has shot up a highway rest area, the capitol garage or the Riffe Center garage should be a pretty good indicator that non-security screened government buildings can come off the list completely.

I'm too tired to sort through the other details but as Werz pointed out there's some potential gotchas in the weeds.

[NavyChief]

The devil is in the details ...

The amendments to Disorderly Conduct and Inducing Panic do not refer specifically to the right to keep and bear arms, but only to "[t]he exercise of a constitutional or statutory right[.]" I anticipate a lot more unexpected consequences arising under the First Amendment and Article I, Sections 3 and 11, than I do under the Second Amendment or Article I, Section 4.

And as we've seen time and again, amending Ohio's constitution requires nothing more than 51% of the vote. A little more specificity here seems in order.

[NavyChief]

some good changed but the duty to retreat needs some work.. need to add liability protection.

Liability protection already exists, it's not location dependent like duty to retreat.

http://codes.ohio.gov/orc/2307.60

Then 2307.601 should either be tweaked or struck. Also, as long as a comprehensive laundry list like this is being thrown out there, 2307.60 itself should've been tweaked a bit. IANAL, but it looks to me like I can still be sued. They just can't collect. There is no "loser pays" protection built into it like Florida has. Now their setup is sweet.

[MrMagoo]

Thanks for all of the input. Keep your thoughts coming. OFCC is looking closely at this proposed legislation and will be working on modification in some areas.

Gary

[JN01]

Policy and Legislative Oversight Committee? That is unusual for gun bills isn't it? What is Chairman Mike Dovilla's record on guns?