by State Rep. Tom Niehaus
published in The People's Defender

Legislators will return from a two-week Thanksgiving break Dec. 2, and one of the hottest topics is likely to be Governor Bob Taft’s latest announcement about conceal carry legislation.

Whether you support the right of citizens to carry concealed guns or not, the governor’s announcement November 18 may have ramifications far beyond this one piece of legislation.

Legislation involves compromise. It requires participants to negotiate in good faith. The announcement from the governor’s office adding another condition before he supports a conceal carry bill seems to break that good faith concept.

Click on the "Read More..." link below for more.

A Seneca County concealed-weapons case that brought statewide attention to the problems with current Ohio law has officially come to a close, and once again, a victim has been victimized.

Kathryn Howard, 29, of Fostoria pleaded guilty in Seneca County Common Pleas Court to a charge of improper handling of a firearm in a motor vehicle. Judge Michael Kelbley sentenced her to 180 days in jail but suspended 170 days. She was given credit for three days served and will have to serve the remaining seven days sometime within the year.

The case began in July, 2002, when Ms. Howard, who was a passenger in a stopped vehicle, was arrested by the Ohio Highway Patrol for having a gun under her seat. Howard explained to the trooper that she was a former rape-victim, and carrying the firearm for her defense and security, (per Ohio's affirmative defense law). She was arrested and prosectuted.

In November, 2002, Judge Kelbley dismissed the charge, saying that the state’s law on carrying a concealed weapon was unconstitutional. Seneca County Prosecutor Ken Egbert, Jr. appealed the ruling to the 3rd District Court of Appeals in Lima.

After the Supreme Court ruling in Hamilton County, Mr. Egbert then pursued an amended charge against Ms. Howard. As is common with many who are charged under this law, Ms. Howard pled to a lesser charge rather than risk being found not to have had an affirmative defense.

For eight months, while the case was on appeal, Ohio's concealed-carry ban was unenforcable in Seneca County. During that time, according to law enforcement officials, the county experienced no problems. This experience proves once again that Ohioans are as capable as citizens of Vermont or Alaska to carry firearms for self-defense without ANY licensing structure.

Click here to read the story in the Toledo Blade.

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Second chance for rape victim's affirmative defense plea??

On October 23, just two days after 'Defense' Walkers paid a visit to his hometown of Manchester, Senate President Doug White reversed four months of refusals and appointed conferees to a House Bill 12 conference committee. White explained the months of obstruction to the Dayton Daily News at the time, saying he "delayed appointing conferees because he didn't want his Senate members harassed and pressured by the National Rifle Association and other gun-rights advocates for months while behind-the-scenes negotiations continued."

Thankfully, Senator White now seems to be much more willing to hear from individuals and groups of citizens on the public records issue, although he believes the debate "slows [HB12] down" and prevents the legislature "from being able to put this to bed very quickly" (which of course is what Gov. Taft has wanted all along).

On Wednesday, White told the Associated Press he agrees with Speaker Householder's initial concerns about Taft's latest demand. "Initially I’m very much opposed" to Gov. Bob Taft’s request that this legislation turn personal information about permit-holders into public records.

White also seemed to mirror Householder's willingness to compromise on this issue for the good of getting a law.

According to the Dayton Daily News, White is not categorically rejecting Taft’s request, but said that he "wants to discuss it with hunters, sportsmen and others interested in concealed-carry legislation." White said if he can be assured 'my friends out there are OK with it' then he might go along with it, 'even though I don’t like it.'"

White also told the DDN he does not carry a handgun and is not likely to if the bill passes. But, he said, "I don’t want people to know I don’t carry." Since no citizen in Ohio can carry a concealed handgun legally, or openly, without fear of arrest, one wonders why this admission is newsworthy, or why White bothered to comment on it in the first place.

Nevertheless, President White and Speaker Householder are now in agreement on Taft's latest demand - they both oppose the concept, and are both willing to compromise to get a law. But since they agree, further compromise should not be necessary.

Now that Senator White has expressed willingness to publicly oppose the Governor, he should immediately notify HB12 Conference Committee Chairman Aslanides that he is ready for the committee to meet, and hammer out a final compromise report on HB12 - one that can win the most votes from both chambers, and committments to a potential override scenario.

Contrary to media reports and the hopes of some, Senator White's latest comments confirm there should be no reason for further delays in sending a bill to Bob Taft.