https://www.legislature.ohio.gov/legisl ... 133-HB-425H. B. No. 425 - Representative Wiggam (R).
Cosponsors: Representatives Kick (R), Antani (R), Lang (R), Merrin (R), Becker (R), Riedel (R), Vitale (R), Manchester (R), Powell (R), Koehler (R), Scherer (R), Romanchuk (R).
To amend sections 2923.12, 2923.126, 2923.128, and 2923.16 of the Revised Code to modify the requirement that a concealed handgun licensee must notify a law enforcement officer that the licensee is authorized to carry a concealed handgun and is carrying a concealed handgun when stopped.
H.B. 425: Modifies notification requirement
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
- rickt
- OFCC Member
- Posts: 3164
- Joined: Mon Jul 04, 2005 6:35 am
- Location: Cuyahoga County
H.B. 425: Modifies notification requirement
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: H.B. 425: Modifies notification requirement
Other than the fact that this doesn't completely repeal notification, there is one big problem with it. Under current law I am not required to carry a 2nd form of ID with me when carrying concealed, only my CHL. Under this bill, I will now be required to not only keep my DL or State ID with me when carrying even when not driving, but will be required to display the DL or ID as part of notification.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
- Jim-in-Toledo
- OFCC Patron Member
- Posts: 1249
- Joined: Mon Jul 04, 2005 3:14 am
- Location: If you can't figure it out, I'm not telling.
Re: H.B. 425: Modifies notification requirement
Why would a CHL not qualify as a "State ID" ?JustaShooter wrote:Other than the fact that this doesn't completely repeal notification, there is one big problem with it. Under current law I am not required to carry a 2nd form of ID with me when carrying concealed, only my CHL. Under this bill, I will now be required to not only keep my DL or State ID with me when carrying even when not driving, but will be required to display the DL or ID as part of notification.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: H.B. 425: Modifies notification requirement
The bill says you must do all of the following:Jim-in-Toledo wrote:Why would a CHL not qualify as a "State ID" ?JustaShooter wrote:Other than the fact that this doesn't completely repeal notification, there is one big problem with it. Under current law I am not required to carry a 2nd form of ID with me when carrying concealed, only my CHL. Under this bill, I will now be required to not only keep my DL or State ID with me when carrying even when not driving, but will be required to display the DL or ID as part of notification.
Since the bill draws a clear distinction between your CHL and your "driver's license or state identification card" I don't think you could make that argument. And I don't think it would hold up anyway since "state identification card" has a very specific meaning. It might be different if it said "or other form of ID", but even then I doubt it.(a) Display the person's concealed handgun license or orally inform the law enforcement officer that the person has been issued a concealed handgun license;
(b) Display the person's driver's license or state identification card;
(c) Disclose that the person then is carrying a concealed handgun;
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
- Jim-in-Toledo
- OFCC Patron Member
- Posts: 1249
- Joined: Mon Jul 04, 2005 3:14 am
- Location: If you can't figure it out, I'm not telling.
Re: H.B. 425: Modifies notification requirement
Also, after looking at:JustaShooter wrote:The bill says you must do all of the following:Jim-in-Toledo wrote:Why would a CHL not qualify as a "State ID" ?JustaShooter wrote:Other than the fact that this doesn't completely repeal notification, there is one big problem with it. Under current law I am not required to carry a 2nd form of ID with me when carrying concealed, only my CHL. Under this bill, I will now be required to not only keep my DL or State ID with me when carrying even when not driving, but will be required to display the DL or ID as part of notification.
Since the bill draws a clear distinction between your CHL and your "driver's license or state identification card" I don't think you could make that argument. And I don't think it would hold up anyway since "state identification card" has a very specific meaning. It might be different if it said "or other form of ID", but even then I doubt it.(a) Display the person's concealed handgun license or orally inform the law enforcement officer that the person has been issued a concealed handgun license;
(b) Display the person's driver's license or state identification card;
(c) Disclose that the person then is carrying a concealed handgun;
https://www.legislature.ohio.gov/legisl ... A133-HB-49
as referenced in viewtopic.php?f=3&t=92929
It seems that a CHL is a COUNTY issued license, NOT a State issued one.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
Robert Heinlein, Beyond This Horizon
I am the expert on my opinion.
And no one else's.
- OhioPaints
- Posts: 5666
- Joined: Sat May 13, 2006 4:22 pm
- Location: Brown Co./ southern Ohio
Re: H.B. 425: Modifies notification requirement
The CHL is a state document issued by the Sheriff, just like the driver's license is a state document issued by your local county contractor. The BMV even lists the CHL as an acceptable document.
Ken
Ken
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: H.B. 425: Modifies notification requirement
However true that might be, from the way the law reads it would not meet requirement (b).OhioPaints wrote:The CHL is a state document issued by the Sheriff, just like the driver's license is a state document issued by your local county contractor. The BMV even lists the CHL as an acceptable document.
Ken
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
-
- OFCC Member
- Posts: 10
- Joined: Fri Mar 31, 2017 9:42 pm
Re: H.B. 425: Modifies notification requirement
Is this bill possibly going to be voted on after constitutional carry bill passes removing the duty to notify, so that the duty to notify would still be a duty for those with CHL? And maybe amended to include constitutional carry?
-
- OFCC Coordinator
- Posts: 6811
- Joined: Fri Jul 22, 2005 9:18 am
- Location: Amish Country, Wayne County
Re: H.B. 425: Modifies notification requirement
I saw Wiggam at our Legislative Advocacy Day. He told me that this was intended to be passed only if Constitutional Carry was not going to make it. He wanted the notification weakened. Politically, it sounds as if total repeal is not real popular; Wiggam hoped to take some of the teeth out of notification.Randymp wrote:Is this bill possibly going to be voted on after constitutional carry bill passes removing the duty to notify, so that the duty to notify would still be a duty for those with CHL? And maybe amended to include constitutional carry?
I have to give him credit for trying.
RIFLEWOMAN, wife of a RIFLEMAN, mom of 9, NRA life member, OFCC Patron member!
- JustaShooter
- OFCC Coordinator
- Posts: 5805
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: H.B. 425: Modifies notification requirement
If you have opportunity to speak with him again, encourage him to remove requirement (b) Display the person's driver's license or state identification card; since we are already required to show our DL when operating a motor vehicle, but are otherwise *not* currently required to carry a DL or state identification card with us when carrying.Mustang380gal wrote:I saw Wiggam at our Legislative Advocacy Day. He told me that this was intended to be passed only if Constitutional Carry was not going to make it. He wanted the notification weakened. Politically, it sounds as if total repeal is not real popular; Wiggam hoped to take some of the teeth out of notification.
I have to give him credit for trying.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
- rickt
- OFCC Member
- Posts: 3164
- Joined: Mon Jul 04, 2005 6:35 am
- Location: Cuyahoga County
Re: H.B. 425: Modifies notification requirement
This bill is going to have its third hearing on 2/19/2020. It's had two previous hearings in the last two weeks. Three hearings in three weeks is lightning speed in the Ohio General Assembly.
- Morne
- OFCC Coordinator
- Posts: 10631
- Joined: Thu Jul 07, 2005 9:01 pm
- Location: Wayne County
Re: H.B. 425: Modifies notification requirement
I will attend the upcoming hearing and hopefully be able to speak about the importance of notification REPEAL.rickt wrote:This bill is going to have its third hearing on 2/19/2020. It's had two previous hearings in the last two weeks. Three hearings in three weeks is lightning speed in the Ohio General Assembly.
Stay tuned.
Thus spoke Zarathustra.
Footsoldier in the Conservative Insurrection of the GOP.
Remember, only you can prevent big government!
Footsoldier in the Conservative Insurrection of the GOP.
Remember, only you can prevent big government!
- rickt
- OFCC Member
- Posts: 3164
- Joined: Mon Jul 04, 2005 6:35 am
- Location: Cuyahoga County
Re: H.B. 425: Modifies notification requirement
How has the political climate changed since last session's HB 142 died in the Senate after passing in the House? We would all like to see notification go away but is this a situation where our preferred outcome and what is achievable aren't the same? I submitted written testimony on HB 142, some of which was quoted by Gongwer News Service and BFA.
- Chuck
- OFCC Director
- Posts: 4753
- Joined: Mon Nov 16, 2009 7:06 am
- Location: Licking County
Re: H.B. 425: Modifies notification requirement
This Wednesday we are expecting to see an amendment to make this bill completely remove notification.
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)
"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)
- rickt
- OFCC Member
- Posts: 3164
- Joined: Mon Jul 04, 2005 6:35 am
- Location: Cuyahoga County
Re: H.B. 425: Modifies notification requirement
I watched the hearing video and no amendment or substitute bill was introduced. Interesting how a bunch on anti testimony was submitted as if they knew the content of the amendment and then when the amendment was not submitted, they bailed from the hearing.