Sub HB 228 problem correction

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MrMagoo
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Sub HB 228 problem correction

Post by MrMagoo »

Yesterday Chuck asked a member of the House to introduce emergency legislation to fix the problem with Sub HB 228. His request was favorably received.
Tonight I sent an email to a Senator asking the same thing.

Gary
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rickt
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Re: Sub HB 228 problem correction

Post by rickt »

Did you mention it should be an emergency bill?
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

Yes, we have requested emergency legislation
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Re: Sub HB 228 problem correction

Post by MrMagoo »

Last night I sent an email to a senator outlining the problem and asking that emergency legislation be introduced. The senator called me this morning to tell me that emergency legislation is being worked on.

Gary
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Re: Sub HB 228 problem correction

Post by machinegunkelly »

Chuck n Gary
Thanks once again for carrying the water.
MGK
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

Now that the legislature is FINALLY open for the 133GA, I expect our correction bill do be introduced to day in the Ohio House.
As soon as I get a bill number, I'll be passing it along.
In the meantime, I'm pinning this thread.

Thank you everyone
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"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

Chuck wrote:Now that the legislature is FINALLY open for the 133GA, I expect our correction bill do be introduced to day in the Ohio House.
As soon as I get a bill number, I'll be passing it along.
In the meantime, I'm pinning this thread.

Thank you everyone
And in the space of a few phone calls, "to day" has devolved into next Tuesday, perhaps.
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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rickt
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Re: Sub HB 228 problem correction

Post by rickt »

68 bills were introduced in the house and 51 bills in the senate on Tuesday. Every one of those had to be processed by the LSC so I'm not too surprised it's taking a little time.
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Re: Sub HB 228 problem correction

Post by rickt »

A gun owners’ group is taking aim at a self-defense law passed in the lame duck session last year – saying it could make felons out of half a million Ohioans who own certain weapons.

But Chris Dorr with Ohio Gun Owners said a section that he believes will outlaw many shotguns and rifles such as the AR-15 was overlooked.
http://www.statenews.org/post/gun-right ... uns-rifles
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

rickt wrote:68 bills were introduced in the house and 51 bills in the senate on Tuesday. Every one of those had to be processed by the LSC so I'm not too surprised it's taking a little time.
I think we'll see action in the Senate beginning on Tuesday, Monday being Presidents Day.
My attention is now focused on getting identical legislation introduced in the House.
I am told that the Senate bill will pass both chambers in time, and since the Senate screwed it up....?
We shall see.

In any event, the push is on.
And we aren't letting up
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"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

Five hours ago House Speaker Larry Householder gave this reply to someone on his Facebook page:
https://www.facebook.com/larry.househol ... 2488942300" onclick="window.open(this.href);return false;
Bills have to pass both House & Senate. Like the Heartbeat Bill It was done in lame duck so that the Speaker (at that time) could parlay votes for his re-election as Speaker. So it was on a very short time frame to pass.

When the Bill passed the House it was correct, when the Bill was introduced in the Senate, the Legislative Service Commission inadvertently (and I do believe it was an error) had a paragraph in the wrong section of the Bill, which has the effect that puts guns like the Shockwave in question as to their legality in Ohio.

Part of the purpose of the Bill, other than removing the requirement to retreat when confronted (which the Senate removed) was to clarify these type guns were legal (leaving no question for courts to determine). The Senate passed this Bill and yes I am certain they assumed it was identical (as it should have been) to the House version accept for the changes the Senate made.

When the Bill (HB228) went to Gov Kasich he vetoed it. Both House and Senate came back into session late in the year and override his veto.

Every great once in awhile (very seldom) mistakes are made in Bills, the problem arises when these type Bills are done in lame duck and there is no time left in the calendar to correct them.
I can tell you I have discussed this with Senate President Obhof and Gov DeWine, corrective language has been drafted and we are going to correct it.
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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schmieg
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Re: Sub HB 228 problem correction

Post by schmieg »

Chuck wrote:Five hours ago House Speaker Larry Householder gave this reply to someone on his Facebook page:
https://www.facebook.com/larry.househol ... 2488942300" onclick="window.open(this.href);return false;
Bills have to pass both House & Senate. Like the Heartbeat Bill It was done in lame duck so that the Speaker (at that time) could parlay votes for his re-election as Speaker. So it was on a very short time frame to pass.

When the Bill passed the House it was correct, when the Bill was introduced in the Senate, the Legislative Service Commission inadvertently (and I do believe it was an error) had a paragraph in the wrong section of the Bill, which has the effect that puts guns like the Shockwave in question as to their legality in Ohio.

Part of the purpose of the Bill, other than removing the requirement to retreat when confronted (which the Senate removed) was to clarify these type guns were legal (leaving no question for courts to determine). The Senate passed this Bill and yes I am certain they assumed it was identical (as it should have been) to the House version accept for the changes the Senate made.

When the Bill (HB228) went to Gov Kasich he vetoed it. Both House and Senate came back into session late in the year and override his veto.

Every great once in awhile (very seldom) mistakes are made in Bills, the problem arises when these type Bills are done in lame duck and there is no time left in the calendar to correct them.
I can tell you I have discussed this with Senate President Obhof and Gov DeWine, corrective language has been drafted and we are going to correct it.
The bill should never have gone to Kasich as the same language was not approved by both houses. Now comes the question as to whether it is good legislation as the veto was essentially a nullity as the bill was invalid. Both houses voted to override on the bad language, but that's not quite the same as passing a bill and then sending it to the governator. I'm not going to render an opinion on this, but I see grounds for challenge in the courts on it.
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

He just left out the concurrence vote.
I was there; the House concurred; the bill is valid

Here is a link to all the versions of the bill
You can find the concurrence vote on 12/6/2018
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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Re: Sub HB 228 problem correction

Post by M-Quigley »

rickt wrote:
A gun owners’ group is taking aim at a self-defense law passed in the lame duck session last year – saying it could make felons out of half a million Ohioans who own certain weapons.

But Chris Dorr with Ohio Gun Owners said a section that he believes will outlaw many shotguns and rifles such as the AR-15 was overlooked.
http://www.statenews.org/post/gun-right ... uns-rifles
And here is more reporting on the issue

https://www.whio.com/news/local/ohio-la ... CqssfQs1K/" onclick="window.open(this.href);return false;
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Chuck
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Re: Sub HB 228 problem correction

Post by Chuck »

Here is some action on the issue.

http://search-prod.lis.state.oh.us/sola ... format=pdf" onclick="window.open(this.href);return false;

Thank you Senator Roegner
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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