Ohio rep asking Sheriff's to ignore Kasich exec order

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Ohio rep asking Sheriff's to ignore Kasich exec order

Postby M-Quigley » Wed Apr 25, 2018 11:10 am

https://www.whio.com/news/ohio-rep-aski ... Ztleg6SqK/

BUTLER COUNTY — A Butler County state lawmaker is asking county sheriffs “to completely ignore” Ohio Gov. John Kasich’s executive order signed Monday to get an update on weaknesses in the state’s gun background-check system.

The order directs the Office of Criminal Justice Services to work with Bureau of Criminal Investigation and Ohio Supreme Court to update a 2015 study that found reporting gaps in the system. Kasich is also asking the state auditor to examine and publish a review of how well the local authorities are reporting the required information.

Failure by local courts and law enforcement to send timely data to the state, which forwards it to National Instant Criminal Background Check System, could mean guns are being purchased by people who are ineligible to do so.

“There is just no excuse for this data not being sent and I can’t figure it out,” Kasich said.


Ohio Rep. Candice Keller, R-Middletown, said the executive order appears to be infringing on a person’s 2nd Amendment rights.


I'm not sure what she means by the exec order being an infringement, other than some might say the entire '68 GCA is an infringement. (but that's a separate issue) I have not read the exec order however. Someone being denied due to inaccurate or outdated information is an infringement. I do understand that it is political grandstanding on the part of the Governor, but that still doesn't answer the question of infringement on a buyer other than what might already be going on.

“I am astonished at this action and disappointed that our governor has no seeming knowledge or understanding of our U.S. Constitution, and our right to carry without infringement from government of any type,” Keller said. “I’m asking all county sheriffs to completely ignore this executive order. Executive orders are not a law-making tool. We have an un-infringed right to carry. Executive orders are not a tool to make law. It is only tool to enforce the existing law. That is why it’s called an executive order.”


But Ohio Sen. Bill Coley, R-Liberty Twp., said legislators “expect” the governor to enforce laws already on the book, which appears to be the case with Kasich’s executive order.

“We’re always happy when the administration enforces laws that we have passed,” he said. “That’s what we expect. We have laws on the books relative to people being disqualified for certain reasons. We in the legislature expect that to be enforced. So the fact they have been laxed about enforcing it, now they’re going to enforce it, I think it’s a great thing.”

Butler County’s top cop said Kasich’s action is nothing more than a stunt to raise his national profile for another run for president.

Butler County Sheriff Richard Jones said his department is in compliance with state laws “as far as I know.”

Monday’s executive order “is just to help (Kasich’s) political campaign to be president of the Untied States,” Jones, an ardent President Trump supporter said.

Ohio Rep. Wes Retherford, R-Hamilton, said Kasich’s executive order announcement “was more about being in front of the cameras and appearing to do something.”

“The executive branch is charged with enforcing the laws. The governor should already have answers as to why this data isn’t being reported and what is needed to correct it,” Retherford said. “Instead he just wants reports and recommendations.”

Ohio Rep. George Lang, R-West Chester Twp., said, “it’s nothing new.”
“It is what is supposed to be getting done anyway,” he said.
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Re: Ohio rep asking Sheriff's to ignore Kasich exec order

Postby bignflnut » Sat Apr 28, 2018 8:25 am

M-Quigley wrote:
“I am astonished at this action and disappointed that our governor has no seeming knowledge or understanding of our U.S. Constitution, and our right to carry without infringement from government of any type,” Keller said. “I’m asking all county sheriffs to completely ignore this executive order. Executive orders are not a law-making tool. We have an un-infringed right to carry. Executive orders are not a tool to make law. It is only tool to enforce the existing law. That is why it’s called an executive order.”


But Ohio Sen. Bill Coley, R-Liberty Twp., said legislators “expect” the governor to enforce laws already on the book, which appears to be the case with Kasich’s executive order.

“We’re always happy when the administration enforces laws that we have passed,” he said. “That’s what we expect. We have laws on the books relative to people being disqualified for certain reasons. We in the legislature expect that to be enforced. So the fact they have been laxed about enforcing it, now they’re going to enforce it, I think it’s a great thing.”

Butler County’s top cop said Kasich’s action is nothing more than a stunt to raise his national profile for another run for president.


Keller's comment is curious.

Ifin one thinks this is a violation of the Constitution (Ohio or othewise), shouldn't one call for the office to be vacated, for charges and something serious like treason to be considered? This is where Ohio/America is on Rights: "Golly, we sure is disappointed in this action, but, whatchagonna do? Get em next election cycle...oh, he's not running? Meh."
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Re: Ohio rep asking Sheriff's to ignore Kasich exec order

Postby Werz » Thu May 03, 2018 10:38 am

"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 ..."
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Open carry is a First Amendment exercise.
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Re: Ohio rep asking Sheriff's to ignore Kasich exec order

Postby bignflnut » Thu May 03, 2018 10:48 am

Werz! Bubby! Welcome back!

Held:

1. The Brady Act's interim provision commanding CLEOs to conduct background checks, §922(s)(2), is unconstitutional. Extinguished with it is the duty implicit in the background check requirement that the CLEO accept completed handgun applicant statements (Brady Forms) from firearms dealers, §§922(s)(1)(A)(i)(III) and (IV). Pp. 4-34.

SNIP

2. With the Act's background check and implicit receipt of forms requirements invalidated, the Brady Act requirements that CLEOs destroy all Brady Forms and related records, §922(s)(6)(B)(i), and give would be purchasers written statements of the reasons for determining their ineligibility to receive handguns, §922(s)(6)(C), require no action whatsoever on the part of CLEOs such as petitioners, who are not voluntary participants in administration of the federal scheme. As to them, these provisions are not unconstitutional, but simply inoperative. Pp. 34-36.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.”
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