Constitutional carry issue

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MrMagoo
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Constitutional carry issue

Post by MrMagoo »

During sponsor testimony earlier this week for HB 178, constitutional carry, the sponsor Rep. Ron Hood commented during questioning that the bill needs work to mesh Ohio law with Federal law regarding weapons under disability. The bill as written says, in part, "It is the intent of the general assembly that Ohio concealed handgun weapons license law be compliant with the national instant criminal background check system, that the bureau of alcohol, tobacco, firearms, and explosives is able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a concealed handgun weapons license permit under section 2923.125 or 2923.1213 of the Revised Code unless the person is eligible lawfully to receive or possess a firearm in the United States."

My questions are these: Is there a financial reason, such as the feds withholding money if Ohio isn't compliant? Is anyone aware of any other reasons why the legislature is intent on meshing Ohio and Federal law? I'm going to ask the sponsor these same questions but I wanted to see if anyone on the forum has feedback on the situation.

There's been a suggestion to just say something simple like cannot be disqualified under federal or state law. A more wordy version of that incorporates wording from federal law and this bill: No person shall be eligible to receive a concealed weapons license who is prohibited from acquiring, having, carrying or using any firearm or dangerous ordnance under state or federal law unless relieved from disability under operation of law or is eligible lawfully to receive or posses a firearm in the United States." This wording is a combination of federal and state wording.

Gary
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JustaShooter
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Re: Constitutional carry issue

Post by JustaShooter »

MrMagoo wrote:The bill as written says, in part, "It is the intent of the general assembly that Ohio concealed handgun weapons license law be compliant with the national instant criminal background check system, that the bureau of alcohol, tobacco, firearms, and explosives is able to determine that Ohio law is compliant with the national instant criminal background check system, and that no person shall be eligible to receive a concealed handgun weapons license permit under section 2923.125 or 2923.1213 of the Revised Code unless the person is eligible lawfully to receive or possess a firearm in the United States."
That is existing language, and the reason it was added was so that a person with an Ohio CHL could bypass the NICS check when purchasing a firearm from a dealer. I do not know the reasoning behind the new language since by definition those people carrying under HB178 would not have an Ohio CHL issued to them and thus could not bypass the NICS check.
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ohiodff
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Re: Constitutional carry issue

Post by ohiodff »

I think what it means is that for those that still continue to be issued licenses for reciprocity reasons so the criteria behind being issues a LCCH - fingerprint, background, etc., - don't get diluted or removed from the process.
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