H.B. 354: Creates weapons disability data portal and more

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rickt
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H.B. 354: Creates weapons disability data portal and more

Post by rickt »

Creates "weapons disability data portal", adds additional weapons disabilities, juvenile records not sealed until age 28.
H. B. No. 354 - Representatives Plummer (R), Swearingen (R).

To amend sections 2151.358, 2903.214, 2919.26, 2923.13, 2923.14, 2929.44, 2945.402, 3113.31, and 5122.01 and to enact sections 5502.80, 5502.81, and 5502.82 of the Revised Code to require the juvenile court to expunge all records sealed pursuant to the juvenile sealing law upon the person's twenty-eighth birthday, to expand the circumstances under which a person has a weapon under disability, to specify that moderate or severe substance use disorder is a mental illness for purposes of the law governing civil commitments, to require the Director of Public Safety to create and maintain the weapons disability data portal, to impose certain consequences on specified entities that fail to comply with data submission requirements, and to make an appropriation.
https://www.legislature.ohio.gov/legisl ... 133-HB-354
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Liberty »

The result of enacting HB 354 would be that thousands of people in Ohio who had previously been convicted of non-violent crimes, that both the federal government and Ohio currently do not view as warranting depriving those people of their Second Amendment Rights, (many of whom have valid concealed handgun licenses) would automatically be prohibited, placed on a newly created list and be subject to immediate arrest for a felony in Ohio and a federal felony for each firearm and each cartridge and have and have all of their firearms and ammunition confiscated. For many, it could amount to a life sentence.

Whoever worded HB 354 is very sneaky, just like whoever drafted HB 203 in 2013, which appeared right after DeWine became attorney general and targets the same gun owners. Here is how it works:

Republicans Plummer and Swearingen introduced HB 354 on October 1, 2019, that would take the language found in 18 U.S.C. § 922(g)(1) (i.e., federal firearms prohibitions for those convicted of any crime for which the possible sentence exceeds one year, i.e., any felony) and add it to R.C. § 2923.13, Ohio’s firearms prohibition statute. See HB 354 line 929, page 32 et seq.

Federal law operates to prohibits firearms possession by persons who have been convicted of any crime for which a sentence of more than one year could have been imposed (see 18 U.S.C. § 922(g)(1)) except for persons who have had his/her civil rights restored by the convicting state, unless said restoration specifically prohibits firearms possession. See 18 U.S.C. § 921(a)(20). The purpose of the federal prohibition was to prohibit people who were convicted of violent and other very serious crimes. Historically, violent crimes and other very serious crimes were classified as felonies, but they sometimes were labeled differently by states—as in Ohio.

In Ohio, many minor and/or non-violent offenses are classified as felonies and subject persons convicted of them to the possibility of a sentence of more than a year (such as passing bad checks, having a hidden compartment in a car (thanks to BFA), misuse of credit cards, unauthorized use of a vehicle, playing unlicensed bingo, etc…), but very, very few people so convicted are ever sentenced to more than a year—most get probation. This is due, in part, to many misdemeanors being reclassified over the years as felonies by legislators who were claiming to get tough on crime—a practice that continues today. Therefore, Ohio has its own definition of persons who are prohibited from possessing firearms (R.C. § 2923.13) and provides automatic restoration of rights (including firearms possession rights) upon final release (via: R.C. §§ 2961.01(A)(2) and 2967.16(C)(1)) for those convicted of non-violent felonies not listed in R.C. § 2923.13.

What is OFCC’s position on this?
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by MrMagoo »

Working with sponsor to resolve the only problem we see, related to some RC 3113.31 protection orders (those involving current or former dating partners) not being federal "qualified restraining orders" but under the proposed RC 2323.13 being an Ohio disability.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Liberty »

So you are OK with turning thousands of gun owners, some with current CHL's, into instant felons?
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Westsider »

So our "Republicans" are creating databases, red flag laws, and ever expanding categories of prohibited persons to limit a right that "shall not be infringed"?

So basically there's no point in voting anymore?

Doesn't sound like it- time to move to a free state.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Liberty »

America is the final frontier. There is nowhere else to run to. We have to stand and fight. These traitors must be removed in the primaries and replaced with by honest patriots.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by WhyNot »

THIS>>>
America is the final frontier. There is nowhere else to run to. We have to stand and fight. These traitors must be removed in the primaries and replaced with...
So our "Republicans" are creating databases, red flag laws, and ever expanding categories of prohibited persons to limit a right that "shall not be infringed"?

So basically there's no point in voting anymore?

Doesn't sound like it- time to move to a free state.
Still lots of time. And , that's EXACTLY WHAT EVERYONE SAID IN CT, VA, MO, CO,NY...and ANY other state where this crap started.

Without resistance and a plan, it marches forward.

Easier to move then stop the crap creep...? is...where to move to?
And, the crap creep is happening there, too.
Acquisitions thus far:

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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Westsider »

Thank you comrades Plummer and Swearingen for introducing HB 354. In addition to creating a weapons disability data portal and expanding ways to restrict firearms privileges for all convictions other than for those who have a parking violation- I believe we need to take things a step further. Perhaps our "republican" legislatures and their "gun rights" control advocates- can introduce further mental health restrictions. Two specific groups that I can think of targeting with restrictive firearms disabilities are; those over the age 60 due to the possibly of developing alzheimers and those who served in public service that could potentially develop PTSD. Statistically, 1 in 10 people at age 65 have alzheimers, so it makes "common sense" to prohibit firearms ownership for those within this age group who haven't been cleared through a semi-annual state sponsored psychological exam. Second are military veterans, EMS/firefighters, and retired police officers- since a disproportionately high number of people within these groups suffer in silence with dangerous PTSD. These groups of people can obtain a certificate from our department of mental health on a semi annual basis- clearing them to exercise their limited firearms privileges. We can later introduce an ID card based firearms ownership registration system complete with a finger print scan, photo scan, dna profile, and mental health certificate check- all to insure only the utmost qualified law abiding subjects have access to weaponry. In addition we should develop a system where any family member, co-worker, or neighbor of someone they suspect as being a nuisance or political party adversary- can red flag individuals with complete anonymity. We can also develop programs for school age children- so that they can turn in their parents or grandparents to the authorities in exchange for some kind of reward. I'm certain if we can implement these programs, it will be very effective to create the progressive "great leap forward" utopian society that our benevolent authorities are looking to achieve. Finally, work camps, I think it wouldn't be to out of line to have re-education camps for those who have failed at embracing the ideology that all privileges are granted by the government since the notion of "rights" is subjective and should remain heavily restricted for the greater common good.


Westsider
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Liberty »

Now all you need to do Westsider is be able to sneak that into legislation that you title "stand your ground" of some other pro-gun catch phrase that will fool BFA and OFCC, and the republicans will welcome you to the state house with open arms.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Westsider »

"Legislatures, it's time you stand your ground for common sense well regulated firearms privileges. The people exist to support the government through taxation by the government, though their chains may currently rest lightly upon on them- you did swear an oath to uphold and defend the government against all domestic enemies. Only with the passing of HB 354 with it's unlimited over reach as a shear example of the triumph of your will, as to insure that your right to rule over the tired, poor, huddled masses of wretched refuse- shall not be infringed."


Looking over this legislation being passed by our so called "republicans", I'm fairly certain they are democrat socialist plants. I wouldn't be surprised if the majority of the Ohio republican party is compromised. They run some democrats as republicans, get into office, pass a bunch of legislation, get voted out- only to be replaced by more plants. Almost all these gun control bills are being authored and sponsored by "republicans". That should tell you who these people really are.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Westsider »

Joking aside, some of our representatives seem to be attempting to create additional measures to restrict Ohio residents firearms rights. Perhaps we need to take some notes on what the VCDL is doing in Virginia against their anti-gun laws. They are now organizing 2nd Amendment sanctuary counties across the state and have a huge grass roots organization that is gaining momentum.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Liberty »

It might not be a bad idea to seek out patriots to run for Sheriff in as many counties as possible that pledge to protect the citizens from unconstitutional laws that could be passed by the legislature.
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Re: H.B. 354: Creates weapons disability data portal and mor

Post by Chuck »

MrMagoo wrote:Working with sponsor to resolve the only problem we see, related to some RC 3113.31 protection orders (those involving current or former dating partners) not being federal "qualified restraining orders" but under the proposed RC 2323.13 being an Ohio disability.
I'm going to update this by saying we have found LOTS of problems with this bill and it looks like we will be opposing it
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