HB 460: Forbids local officials from enforcing Fed gun laws

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rickt
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HB 460: Forbids local officials from enforcing Fed gun laws

Post by rickt »

Introduced today.
H. B. No. 460 - Representative Vitale.
Cosponsors: Representatives Becker, Brenner, Brinkman, Buchy, Green, Hood, Retherford, Thompson, Young, Zeltwanger.

To enact section 2923.26 of the Revised Code to prohibit the state, a political subdivision, and any official, agent, or employee of any state or local government agency from knowingly enforcing or attempting to enforce any federal statute or regulation regarding a firearm, and to declare an emergency.
https://www.legislature.ohio.gov/legisl ... 131-HB-460

It only applies to laws or acts on/after January 1, 2016 so primarily aimed at Obama's EAs, I guess.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by JediSkipdogg »

Pretty much pointless even if it was post dated.

Local law enforcement can't enforce federal law as it is. If they operate on a joint task force with someone like the ATF, the ATF will simply handle all the charges anyways. Therefore they aren't enforcing any, they are just a body for protection. And then laws like our prohibited carry zones which state "(10) A place in which federal law prohibits the carrying of handguns." If an officer sees someone carrying into a post office parking lot, is that federal or state? They are going to sign under state based on a federal law. Small loophole, but I think it would fly.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by Mustang380gal »

It may be pointless, but there are a lot of states who are or have been trying this in one way or another. The more states that do, the more interesting it can become. Break out the popcorn.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by charliej47 »

JediSkipdogg wrote:Pretty much pointless even if it was post dated.

Local law enforcement can't enforce federal law as it is. If they operate on a joint task force with someone like the ATF, the ATF will simply handle all the charges anyways. Therefore they aren't enforcing any, they are just a body for protection. And then laws like our prohibited carry zones which state "(10) A place in which federal law prohibits the carrying of handguns." If an officer sees someone carrying into a post office parking lot, is that federal or state? They are going to sign under state based on a federal law. Small loophole, but I think it would fly.
I think that the way Ohio law is written, the offender would have a hard time fighting "a government building"
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by ashtabula »

They aren't prohibiting the enforcement of federal law, they are prohibiting any assistance, by state or local authorities, to federal authorities, in their attempts to enforce federal gun laws. I say good. I would also add, good luck.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by JediSkipdogg »

ashtabula wrote:They aren't prohibiting the enforcement of federal law, they are prohibiting any assistance, by state or local authorities, to federal authorities, in their attempts to enforce federal gun laws. I say good. I would also add, good luck.
Ok, the synopsis is worded badly for the real language in the bill (go figure). How, firstly it only prevents enforcement of new legislation that goes into effect after January 1, 2016. Not much change has happened there.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by ashtabula »

JediSkipdogg,
You are right, it is poorly worded. Could this be a case of, let me get this bill passed, then it will be easy to change the date. If it's not, Its still better late than never.
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Re: HB 460: Forbids local officials from enforcing Fed gun l

Post by Werz »

JediSkipdogg wrote:
ashtabula wrote:They aren't prohibiting the enforcement of federal law, they are prohibiting any assistance, by state or local authorities, to federal authorities, in their attempts to enforce federal gun laws. I say good. I would also add, good luck.
Ok, the synopsis is worded badly for the real language in the bill (go figure). How, firstly it only prevents enforcement of new legislation that goes into effect after January 1, 2016. Not much change has happened there.
It's a response to the threat of executive orders, and going forward, the possibility of more onerous firearm restrictions if the upcoming election does not turn out the way we hope. Those of us "on the inside" know that the BATFE is woefully incapable of enforcing federal firearms laws without local assistance; they just don't have the manpower. And to quote the late Justice Scalia:
"The power of the Federal Government would be augmented immeasurably if it were able to impress into its service—and at no cost to itself—the police officers of the 50 States." Printz v. United States, 521 U.S. 898, 922 (1997).
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