HB 228: Stand your ground + other changes

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qmti
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Re: HB 228: Stand your ground + other changes

Post by qmti »

POLITICS46 mins ago
Kasich, in New Hampshire, says all 'options are on the table’ when it comes to challenging Trump.

Wouldn't it be nice if Kasich couldn't find his way back to Ohio?
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Re: HB 228: Stand your ground + other changes

Post by AlanM »

qmti wrote:POLITICS46 mins ago
Kasich, in New Hampshire, says all 'options are on the table’ when it comes to challenging Trump.

Wouldn't it be nice if Kasich couldn't find his way back to Ohio?
OMG! Are you wishing Kasich on the whole country?


OBTW - If concealed carry is a minor misdemeanor then being required to inform would violate the Fifth Amendment.
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Re: HB 228: Stand your ground + other changes

Post by DontTreadOnMe »

AlanM wrote:OBTW - If concealed carry is a minor misdemeanor then being required to inform would violate the Fifth Amendment.
Only unlicensed concealed carry is a minor misdemeanor, and no there's no requirement to notify.
Failure to promptly notify when carrying concealed with a license remains an M1. I can't get my head around that.
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Re: HB 228: Stand your ground + other changes

Post by djthomas »

DontTreadOnMe wrote:Only unlicensed concealed carry is a minor misdemeanor, and no there's no requirement to notify.
Failure to promptly notify when carrying concealed with a license remains an M1. I can't get my head around that.
Some years ago Texas ran into precisely this problem when it passed the motorist protection act which extended the right of any person to carry a loaded firearm in their vehicle as if it were their home. Those with CHLs had to notify, those carrying under MPA did not.

It was this disparate treatment that lead to them eliminating the penalty for failing to notify. Like Ohio they'd been unable to repeal notification outright for some time prior. Maybe this paves the way for Ohio to do something similar. But first things first, HB228 has a long way to go before this even becomes anything but an academic discussion.
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Re: HB 228: Stand your ground + other changes

Post by AlanM »

DontTreadOnMe wrote:
AlanM wrote:OBTW - If concealed carry is a minor misdemeanor then being required to inform would violate the Fifth Amendment.
Only unlicensed concealed carry is a minor misdemeanor, and no there's no requirement to notify.
Failure to promptly notify when carrying concealed with a license remains an M1. I can't get my head around that.
My error, I meant unlicensed CC in my statement.
AlanM
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Re: HB 228: Stand your ground + other changes

Post by Chuck »

DontTreadOnMe wrote:
AlanM wrote:OBTW - If concealed carry is a minor misdemeanor then being required to inform would violate the Fifth Amendment.
Only unlicensed concealed carry is a minor misdemeanor, and no there's no requirement to notify.
Failure to promptly notify when carrying concealed with a license remains an M1. I can't get my head around that.
Can you cite where in the bill you see that?
At the top of page 34 I see CCW without a license being an M1, and I don't see failing to notify being an M! anywhere

Help me out please, my brain is going mushy
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Re: HB 228: Stand your ground + other changes

Post by JustaShooter »

Chuck wrote:
DontTreadOnMe wrote:
AlanM wrote:OBTW - If concealed carry is a minor misdemeanor then being required to inform would violate the Fifth Amendment.
Only unlicensed concealed carry is a minor misdemeanor, and no there's no requirement to notify.
Failure to promptly notify when carrying concealed with a license remains an M1. I can't get my head around that.
Can you cite where in the bill you see that?
At the top of page 34 I see CCW without a license being an M1, and I don't see failing to notify being an M! anywhere

Help me out please, my brain is going mushy
Page 34, lines 974 - 977, which modify 2923.12 (F) (1)::
Except as otherwise provided in this division or divisions
(F)(2), (6), and (7) of this section, carrying concealed weapons
in violation of division (A)(2) of this section is a minor
misdemeanor.
(A)(2) is
(A) No person shall knowingly carry or have,
concealed on the person's person or concealed ready at hand, any
of the following:
...
(2) A handgun other than a dangerous ordnance;
Notification remains an M1 - page 36, lines 1039 and following.
(3) Except as otherwise provided in this division,
carrying concealed weapons in violation of division (B)(1) of
this section is a misdemeanor of the first degree, and, in
addition to any other penalty or sanction imposed for a
violation of division (B)(1) of this section, the offender's
concealed handgun license shall be suspended pursuant to
division (A)(2) of section 2923.128 of the Revised Code.
For reference, (B)(1) is the notification law.
(B) No person who has been issued a concealed handgun
license shall do any of the following:
(1) If the person is stopped for a law enforcement purpose
and is carrying a concealed handgun, fail to promptly inform any
law enforcement officer who approaches the person after the
person has been stopped that the person has been issued a
concealed handgun license and that the person then is carrying a
concealed handgun;
So, a person who fails to notify gets a more severe penalty than someone carrying concealed without a license. I think this gives us a nice wedge to use to repeal notification - if not by amending 228 in the Senate, then perhaps next session.
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Re: HB 228: Stand your ground + other changes

Post by WhyNot »

Beautiful evidence for constitutional carry IMHO

Inquisitive:How many persons(s) are carrying concealed in Ohio?

Gov. Offishul: Mr. Inquisitive, we have XXX -thousand licensees

Bystander: Mr. Inquisitive, that may no longer be accurate, as many FREE CITIZENS may elect to simply not get a license, and carry, no $100 class or $70 permit fee, it's cheaper and chances are they'll never be caught...
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Re: HB 228: Stand your ground + other changes

Post by rickt »

House Speaker Ryan Smith, a Gallia County Republican, told reporters this week that he’s sure the governor’s office will “try to run out the clock on us” -- that is, wait as long as possible to veto the bills, so lawmakers have as little time left as possible to organize override votes.

When Smith was asked whether he’s alerted House members that they might have to come back on short notice to override Kasich’s vetoes, he said, “It depends on when these bills are passed in the Senate and when the 10-day clock starts with the governor.”
https://www.cleveland.com/politics/2018 ... iver_index
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Re: HB 228: Stand your ground + other changes

Post by bignflnut »

Kasich also plans to veto a self-defense ‘Stand Your Ground’ bill, that would give Ohio residents to right to defend themselves appropriately if confronted with a realistic and serious threat to themselves. The legislation would remove language from Ohio’s laws mandating a “duty to retreat” in life-threatening situations.

However, Kasich’s obstruction may not be enough to permanently block these two bills from becoming law. Both passed the Ohio House of Representatives with veto-proof support, and Ohio Republicans have a 24-9 majority in the State Senate. Incoming Ohio Governor Mike DeWine also has signaled support for both policies, making Kasich’s vetoes seem like little more than a temporary irrelevance.

Perhaps Kasich’s focus has never been on permanently stopping conservative policy victories from being enshrined. The Ohio moderate could be looking beyond the end of his gubernatorial tenure, hoping to receive thirty pieces of silver from New Hampshire primary voters.
Submitted without comment related to straight ticket voting.
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Re: HB 228: Stand your ground + other changes

Post by Javelin Man »

Re: Veto override.

Say, didn't something like this happen with Gov Taft on his last day in office? 8) As I recall, the secretary ripped the bill off his desk and literally ran to the House for them to get started on the override procedure.
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Re: HB 228: Stand your ground + other changes

Post by bignflnut »

“Yeah it’s about the gun,” Kasich said Monday. “It’s about how we feel about the need to protect people and to have lawmakers who have to think about what are the long-term implication, not my short-term electoral capability but really what am I supposed to do to help the folks.”

The Republican Governor said he believes gun laws and issues are more likely to become ballot initiatives than in years past.

“I think ultimately what you’re going to see in this state and around this country, is you’re going to see ballot initiatives that take these kinds of issues out of the hands of the politicians and put them in the hands of the public,” he said.
(Recognizing that our current POTUS isn't known for his oratory prowess...) My, but this is an articulate statement!

How are we losing to people spitting this game? (Hate-eth not the player)

Bring the ballot initiatives. Drive voter turnout up 5%. I'd prefer to vote directly on laws than being betrayed by the Kasich's of the world! Way to work yourself out of a job, moron! Then bring the dudes like Culp who will still faithfully execute their oaths to protect the State Constitutions and the Rights of the people by relying on the Doctrine of the Lesser Magistrate.
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Re: HB 228: Stand your ground + other changes

Post by WhyNot »

From the article cited ^^ above...

''Kasich said he plans to look into executive actions he can take to keep the bill from becoming law, assuming the Senate also passes it.''

Exec O a law duly passed, vetoed, and over ride vote? Whaaat :?: Did I read that correctly?
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Re: HB 228: Stand your ground + other changes

Post by Aesinsp »

Ohio Gun Owners is asking for support to get HB 228 Amended in the Senate.

Find the Ohio Gun Owners Take Action Button on their website here:
https://www.ohiogunowners.org" onclick="window.open(this.href);return false;
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Chuck
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Re: HB 228: Stand your ground + other changes

Post by Chuck »

That's a good amendment and OFCC supports it as well
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