Bill To Make Ohio 2A Sanctuary State

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High Power
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Bill To Make Ohio 2A Sanctuary State

Post by High Power »

State Representative Loychick introduced legislation to make Ohio a 2A sanctuary state. So if various state can declare themselves as sanctuary states for illegal immigrants then some states can be 2A sanctuaries. Makes sense to me:-)

https://www.vindy.com/news/local-news/2 ... sanctuary/
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Re: Bill To Make Ohio 2A Sanctuary State

Post by WhyNot »

Wonderful!!


From that article;
A few counties in Ohio have approved nonbinding symbolic sanctuary declarations.

Loychik said his legislation would make federal laws or authority that attempt to infringe on Second Amendment rights invalid. The proposal also would affirm that it is the duty of courts and law enforcement agencies to protect Second Amendment rights.

“Especially with the current climate and rhetoric at the federal level, the preservation of our Second Amendment is now more crucial than ever before, and it is my intent to protect this right for the people of Trumbull County and throughout the state of Ohio,” Loychik said.

Loychik’s proposal considers various federal laws or executive orders infringements on “law-abiding” Ohioans’ right to bear arms.

That includes: any taxes imposed on firearms, firearm accessories and / or ammunition that aren’t common to other goods and services, the registration or tracking of those items, any act forbidding the possession or transfer of them and the confiscation of them, he said.
Sooo....At what point , to what end will the state under this new legislation, if passed, protect it's citizens against the federal gov ?

Without ANY type of support, even simple consultation/representation via AG , the whole thing is an exercise in futility
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Re: Bill To Make Ohio 2A Sanctuary State

Post by WestonDon »

Nice, feels good but pretty much useless. The only reason sanctuary cities for immigrants, and marijuana usage for that matter, exist is because the Federal government lets them. I don't know if that's because they are both leftist causes or not but somehow I don't think a 2A sanctuary would receive the same consideration.
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Re: Bill To Make Ohio 2A Sanctuary State

Post by WhyNot »

https://www.congress.gov/bill/117th-con ... jCF8074CQ4" onclick="window.open(this.href);return false;
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Re: Bill To Make Ohio 2A Sanctuary State

Post by steves 50de »

How much of that mess is constitutional. :roll: TSCOTUS can't be trusted to come down the correct ruling if in acted.
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Re: Bill To Make Ohio 2A Sanctuary State

Post by slidelock15 »

Im all for the concept, as long the law forbids the use of taxpayer funds in any capacity. Failure to comply SHALL be a felony! That would put everybody on notice. The idea is to starve the feds of any support at all. And here is another idea. How about requiring any government employee who is asked for support from the feds should be required to immediately notify the public of said request.
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Re: Bill To Make Ohio 2A Sanctuary State

Post by High Power »

Below is the entire text of HB 62:

A BI L L
To enact section 2923.50 of the Revised Code to designate the State of Ohio as a Second Amendment Sanctuary State and to name this act the Ohio Second Amendment Safe Haven Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2923.50 of the Revised Code be enacted to read as follows:
Sec. 2923.50. (A) For purposes of this section :
"Law-abiding citizen" means a person who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or this state.
"Law enforcement officer" has the same meaning as in section 9.69 of the Revised Code.
"Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.
"Public office" includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.
"Public officer" includes all officers, employees, or duly authorized representatives or agents of a public office.

(B)(1) The general assembly of the state of Ohio is firmly resolved to support and defend the Constitution of the United States against every aggression, whether foreign or domestic, and is duty-bound to oppose every infraction of those principles that constitute the basis of the union of the states because only a faithful observance of those principles can secure the union's existence and the public happiness.

(2) Acting through the Constitution of the United States, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving for the state governments the power to legislate on matters concerning the lives, liberties, and properties of citizens in the ordinary course of affairs.

(3) The limitation of the federal government's power is affirmed under the Tenth Amendment to the United States Constitution, which defines the total scope of federal powers as being that which has been delegated by the people of the several
states to the federal government, and all powers not delegated to the federal government in the Constitution of the United States is reserved to the states respectively or the people themselves.

(4) If the federal government assumes powers that the people did not grant it in the Constitution of the United States, its acts are unauthoritative, void, and of no force.

(5) The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission.

(6) If the federal government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution of the United States, the federal government's discretion, and not the Constitution of the United States, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the Constitution of the United States, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Ohio; such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating the United States armed forces or for organizing, arming, and disciplining militia forces actively employed in the service of the United States armed forces.

(7) The people of the several states have given Congress the power "to regulate commerce with foreign nations, and among the several states," but "regulating commerce" does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate what sort of arms and accessories law-abiding Ohioans may buy, sell, exchange, or otherwise possess within the borders of this state.

(8) The people of the several states also have granted Congress the power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States" and "to make
all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof." These constitutional provisions
merely identify the means by which the federal government may execute its limited powers and shall not be construed to grant unlimited power because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the general assembly rejects any claim that the taxing and spending powers of congress may be used to diminish in any way the right of the people to keep and bear arms.

(9) The people of this state have vested the general assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within the borders of this state, subject only to the limits imposed by the Second
Amendment to the United States Constitution and the Constitution of Ohio.

(10) The general assembly of the state of Ohio strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms; the prompt reporting of stolen firearms; and the proper enforcement of all state gun laws. The general assembly condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.

(C) The following federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations shall be considered infringements on the people's right to keep and bear arms, as guaranteed by the Second Amendment to the
United States Constitution and Section 4 of Article I, Ohio Constitution within the borders of this state including, but not limited to, all of the following:

(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services and that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(2) Any registering or tracking of firearms, firearm accessories, or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that might reasonably be expected to create a chilling effect on the purchase or ownership of those items by law-abiding citizens;

(4) Any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;

(5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

(D) All federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether enacted before or after the enactment of this section, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Section 4 of Article I, Ohio Constitution shall be invalid in this state, shall not be recognized by this state, shall be specifically rejected by this state, and shall be considered null, void, and of no effect in this state.

(E) It shall be the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and to protect these rights from the infringements defined under
this section.

(F) No person, including any public officer or employee of this state or any political subdivision of this state, shall have the authority to enforce or attempt to enforce any federal acts, laws, executive orders, administrative orders, court
orders, rules, regulations, statutes, or ordinances infringing on the right to keep and bear arms as described under this section.

(G)(1) Notwithstanding any other provision of the Revised Code, any entity or person who knowingly violates the provisions of this section or otherwise knowingly deprives a citizen of this state of the rights or privileges ensured by the Second
Amendment to the United States Constitution or Section 4 of Article I, Ohio Constitution, while acting under the color of any state or federal law, shall be liable to the injured party
in an action at law, suit in equity, or other proper proceeding for redress.

(2) In such actions, the court may award the prevailing party, other than the state of Ohio or any political subdivision of the state, reasonable attorney's fees and costs.

(3) Sovereign, official, or qualified immunity is not an affirmative defense in such actions.

(H)(1) Any person acting as an official, agent, employee, or deputy of the government of the United States, or otherwise acting under the color of federal law within the borders of this state, who knowingly does either of the following shall be
permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers for the state or any political subdivision of the state:

(a) Enforces or attempts to enforce any of the infringements identified in this section;

(b) Gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in this section.

(2) Neither the state nor any political subdivision of the state shall employ as a law enforcement officer or supervisor of law enforcement officers any person who is ineligible to serve in such capacity under this section.

(3) Any person residing or conducting business in a jurisdiction who believes that a law enforcement officer or supervisor of law enforcement officers of such jurisdiction has taken action that would render that officer or supervisor
ineligible under this section to serve in such capacity shall have standing to pursue an action for declaratory judgment in the court of common pleas of the county in which the action allegedly occurred, or in the court of common pleas of Franklin county, with respect to the employment eligibility of the law enforcement officer or the supervisor of law enforcement officers under this section.

(4) If a court determines that a law enforcement officer or supervisor of law enforcement officers has taken any action that would render the officer or supervisor ineligible to serve in that capacity under this section, both of the following
apply:

(a) The law enforcement officer or supervisor of law enforcement officers shall immediately be terminated from the officer's or supervisor's position.

(b) The jurisdiction that had employed the ineligible law enforcement officer or supervisor of law enforcement officers shall be required to pay the court costs and attorney's fees associated with the declaratory judgment action that resulted in
the finding of ineligibility.

(5) Nothing in this section precludes a person's right of appeal or remediation provided under the Revised Code.

Section 2. This act shall be known as the Ohio Second Amendment Safe Haven Act.
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High Power
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Re: Bill To Make Ohio 2A Sanctuary State

Post by High Power »

If anyone is curious, here is a link to an analysis to the bill. Given the fact that the leftists are not letting up on their desire to ban anything that goes bang, this legislation is needed more than ever.

https://www.legislature.ohio.gov/downlo ... format=pdf

Here is a link to an opinion piece.

https://www.opnlttr.com/letter/ohios-ho ... umbus-ohio
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Re: Bill To Make Ohio 2A Sanctuary State

Post by High Power »

Here is the Ohio Legislature's link to the bill: https://ohiohouse.gov/legislation/134/hb62
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Re: Bill To Make Ohio 2A Sanctuary State

Post by bignflnut »

Montana Governor Greg Gianforte signed a bill on Friday intended on nullifying federal gun control efforts, The Hill reports.
Advertisement

Today, I proudly signed Rep. Hinkle's law prohibiting federal overreach into our Second Amendment-protected rights, including any federal ban on firearms.
I will always protect our #2A right to keep and bear arms. pic.twitter.com/2xY8DeEtqf— Governor Greg Gianforte (@GovGianforte) April 23, 2021
This seems to be a national movement, plug and play for the States...
Montana did the right thing.
May they have the courage to enforce it.
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Re: Bill To Make Ohio 2A Sanctuary State

Post by bignflnut »

TULSA, Okla. (KTUL) — Oklahoma is now a Second Amendment Sanctuary state after Governor Kevin Stitt signed Senate Bill 631 into law this morning.



SB 631, also known as the Second Amendment Sanctuary Act, would prevent the confiscation or surrender of firearms, gun accessories, or ammunition from law-abiding Oklahomans, protecting the right to keep and bear arms guaranteed by the United States Constitution.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

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"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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Re: Bill To Make Ohio 2A Sanctuary State

Post by bignflnut »

HB 62 is stuck in State and Local Gov Committee

https://www.ohiochannel.org/?channel=1" onclick="window.open(this.href);return false;
says next meeting is Thursday at 3PM

but

https://www.legislature.ohio.gov/schedu ... e-calendar" onclick="window.open(this.href);return false;
lists no such meeting

anyone? What's on the agenda? When is HB62 going to get its time?
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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Re: Bill To Make Ohio 2A Sanctuary State

Post by High Power »

bignflnut wrote:HB 62 is stuck in State and Local Gov Committee

https://www.ohiochannel.org/?channel=1" onclick="window.open(this.href);return false;
says next meeting is Thursday at 3PM

but

https://www.legislature.ohio.gov/schedu ... e-calendar" onclick="window.open(this.href);return false;
lists no such meeting

anyone? What's on the agenda? When is HB62 going to get its time?
I contacted my state representative ( RINO ) about it. The answer was crickets. There needs to be more grass roots movement to flood the state house and senate on this legislation. I fear there are too many RINOs that want to avoid the issue.
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Re: Bill To Make Ohio 2A Sanctuary State

Post by WhyNot »

I fear there are too many RINOs that want to avoid the issue.
There should be ^^ NO WORRIES, Gov will VETO it.

So there :P ! They, if the ''they'' are trying to be more like ''them'' , will have their symbolik jesture
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-Newspaper roll
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Re: Bill To Make Ohio 2A Sanctuary State

Post by bignflnut »

Looks like it is on for Thursday

https://www.legislature.ohio.gov/schedu ... 0-0900_648" onclick="window.open(this.href);return false;

Opposition testimony should be interesting
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

Republicans.Hate.You. See2020.

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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