Am. Sub. HB234 signed into law

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Uncle Duke
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Joined: Sat Dec 20, 2014 12:22 am
Location: Summit County

Am. Sub. HB234 signed into law

Post by Uncle Duke »

Governor Kasich signed Am. Sub. HB234 into law which reduced the number of hours to get a CCW from 12 to 8 hours, eliminated the requirement for NICS background check for CCW holders when they purchase firearms, allow hunters to use suppressors, and require Sheriffs to sign off on Form 4's for Title II weapons (Class 3) for CCW holders.

For more info go to http://www.legislature.state.oh.us/bill ... 130_HB_234" onclick="window.open(this.href);return false;

Uncle Duke
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BobK
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Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Re: Am. Sub. HB234 signed into law

Post by BobK »

I see it is your first post, so WELCOME!

Yes, we are aware that HB 234 has been signed by the governor. Further discussion of this bill can be found in the thread HB 234, as passed by the legislature.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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AmendII71
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Joined: Fri Mar 07, 2014 11:29 am
Location: Pike County

Re: Am. Sub. HB234 signed into law

Post by AmendII71 »

I read the bill summary. Either I missed it or it was not clear. Does anyone have any more details on the bill's allowance now for individuals with permits from other states that are in the state of Ohio "temporarily". What exactly do they mean by "temporary". For example, if my father, who is from Texas and a CHL holder from that state, comes to stay with me here in Ohio for three or four days to visit. Is he legal to carry while here in Ohio now and if so, what would go beyond being considered "Temporary"? :idea:
"Better to have it and not need it, than need it, and not have it."
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BobK
Posts: 15602
Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Re: Am. Sub. HB234 signed into law

Post by BobK »

AmendII71 wrote:I read the bill summary. Either I missed it or it was not clear. Does anyone have any more details on the bill's allowance now for individuals with permits from other states that are in the state of Ohio "temporarily". What exactly do they mean by "temporary". For example, if my father, who is from Texas and a CHL holder from that state, comes to stay with me here in Ohio for three or four days to visit. Is he legal to carry while here in Ohio now and if so, what would go beyond being considered "Temporary"? :idea:
Six months.

I will be able to carry in Ohio on my Texas license as well. 8)
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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djthomas
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Joined: Sun Jan 22, 2006 11:09 am

Re: Am. Sub. HB234 signed into law

Post by djthomas »

No explicit definition of temporary was given so it will be fact dependent on the person's residency. The good news is there is plenty of history in other contexts (taxes, voting, driver's license, etc) that I think will apply here. IMHO absent some really weird circumstances I think it's going to come down to whether or not the person has, or is in the process of establishing residency.

Visiting family for three to four days isn't even close. As long as your dad doesn't do things like:
  • Buy a house or sign a lease on an apartment
  • Divest his interest in his current place of residence (e.g. sell his house in Texas)
  • Try to register school aged children for school
  • Convert his driver license to Ohio
  • Take a job with a permanent, or at least indefinite assignment in Ohio
  • Register to vote
... then he will be fine once this law becomes effective.

If the courts ever decide to set an absolute time limit I can't see it being anything less than six months because of the rule about carrying on a non-reciprocal out of state CHL after becoming an Ohio resident. Furthermore Ohio law allows a person to be in the state for 182 days a year and not be a resident for tax purposes. I suspect that any court confronted with the issue would look at those existing examples as a starting point.
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