Ohio Legislation
Submitted by cbaus on Tue, 06/10/2008 - 22:02.
John Hohenwarter-NRA, Gov. Strickland, Ken Hanson-BFA
Buckeye Firearms Association Chairman Jim Irvine, Legislative Chair Ken Hanson and several other Leaders were on hand Tuesday for the signing of SB184, Ohio's Castle Doctrine Law, by Democrat Governor Ted Strickland.
Strickland called the bill “common-sense legislation”, and stressed that it will also clear up ambiguous sections of Ohio's concealed-carry law.
“What we've clarified in this bill I think will go a long way toward providing both law enforcement as well as law-abiding citizens some confidence that what they're doing is, in fact, consistent with the law,” he said.
Submitted by cbaus on Fri, 07/18/2008 - 00:10.
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (Update for SB184 is forthcoming) for all gun owners.
We documented the problem with School Safety zones in our “white paper” which stated:
Ohio’s statute is completely out of step with the Federal statute. In Ohio, there is no way to have an unloaded firearm in a locked case in a school zone. Additionally, Ohio has an absurdly drafted “exception” for concealed carry license holders set forth at R.C. § 2923.122(D)(3), just like the Federal statute, even explicitly incorporating the Federal exception into the Ohio exception.
Unfortunately, the Ohio “exception” can never apply, trapping gun owners every day.
While SB184 stopped far short of “fixing” the problems with school zones, it did address the issue and it is now possible to pick up and drop off children at school.
Submitted by cchumita on Wed, 07/16/2008 - 14:05.
By Chris Chumita
There are more stories pertaining to our gun rights in Ohio then we can possibly draw attention to with individual daily commentary. But they are all worthy of mention.
What follows is our review of headlines from around the state though a pro-gun rights lens.
From stabbings in Britain to another robbery, these articles should be a part of your required reading!
What follows is several days of headlines accompanied by short, concise pro-gun analysis.
Submitted by jirvine on Thu, 07/10/2008 - 00:10.
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (Update for SB184 is forthcoming) for all gun owners.
Most gun owners think they understand the laws about transporting guns in cars, until they find their explanation of how they complied with one section of the law was actually an admission that they violated a different section of law. Guilty as charged.
We documented the problem with our unloaded transportation “white paper” which concluded:
Action Needed: The Ohio General Assembly needs to fix the unintended change made by H.B. 12. Legislation should be passed, as soon as possible, restoring the ability of gun owners living in, or traveling in, Ohio to transport unloaded handguns. Further, the General Assembly should take this same opportunity to correct 25 years of bad case law by providing that only one statute, R.C. § 2923.16, controls the transportation of unloaded firearms in motor vehicles, and by further providing for a concrete, reliable method, not open to interpretation and including definitions, to transport unloaded firearms with a statutory “safe harbor” provision.
You helped us take our case to the legislature by sending emails through our Write to Legislators system and making countless phone calls and personal contacts with your legislators. They listened.
2923.12 will no longer be used to prosecute transportation of firearms that are not on your person in a vehicle.
Submitted by cbaus on Wed, 07/02/2008 - 00:10.
By Jonathan Martin
The Politico
The National Rifle Association plans to spend about $40 million on this year’s campaign, with $15 million of that devoted to portraying Barack Obama as a threat to the Second Amendment rights upheld last week by the Supreme Court.
“Our members understand that if Barack Obama is elected president, and he has support in the Senate to confirm anti-gun Supreme Court nominees, [the District of Columbia v. Heller decision] could be taken away from us in the future,” Chris Cox, head of the NRA’s political arm, told Politico.
Submitted by cbaus on Mon, 06/30/2008 - 00:05.
By Chad D. Baus
It appears that the storm warnings sounded on this website in recent weeks about anti-gun candidates considering a run in this fall's special election for Attorney General seem to be having an effect.
Earlier this month, the potential Republican campaigns of former U.S. Sen. Mike DeWine and Franklin County Prosecutor Ron O'Brien bit the dust. Now comes news that one more high-profile anti-gun Republican has confirmed she will not run choose to run for the spot.
Submitted by jirvine on Wed, 06/25/2008 - 00:10.
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (Update for SB184 is forthcoming) for all gun owners.
It has been said by law enforcement spokesmen and printed in many papers that this bill will eliminate the requirement of a CHL to notify police that they are armed during an official stop such as a traffic stop. That is not correct. CHL’s are still required to notify all law enforcement officers that they are armed during any official stop.
ORC Sec 2923.16(E) (3) (a)
If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle:
Nothing has changed with regard to your duties during a law enforcement encounter.
Submitted by jirvine on Tue, 06/24/2008 - 00:10.
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (Update for SB184 is forthcoming) for all gun owners.
SB184 introduced a new section to the Ohio Revised Code.
Sec 2923.163 requires that when a firearm is seized or surrendered to law enforcement, it shall be identified and stored in a manor that it can be returned to the person in the same condition as when it was seized. It further specifies that the court “shall award reasonable costs and attorney’s fees to the person who sought the order to return the firearm” if law enforcement fails to return a firearm when ordered.
In practical terms, this means that you no longer have to spend $2,000 in legal fees in hopes of recovering your $500 gun. If law enforcement has seized your firearm, and you have demanded that they return the firearm and they refuse to do so, you may sue them to obtain recovery of the firearm. If the court orders the police to return the firearm, you will be awarded your attorney fees for obtaining the court order.
Submitted by cchumita on Tue, 06/24/2008 - 00:05.
A Pattern and Practice of denying Civil Rights is emerging, and the license to do it has just been extended thru next time.
By John Longenecker
This is Part II of my April 11th, 2008 piece critiquing this settlement.
In a June 17th, 2008 report from Associated Press, a Virginia Judge approved an $11 Million settlement won by some of the surviving parents of the Virginia Tech shootings. Not all survivors filed.
The reason for the finding is wrong. The liability seems to be found on the idea that the Trustees have a duty to protect the students and that they failed with a ‘watered down' warning from the campus to students. Some experts would say that the Trustees have no such duty, and that it is up to the individual. After all, Police have no duty to protect individuals, an all too often understated factor in deaths.
Submitted by jirvine on Thu, 06/19/2008 - 00:10.
By Jim Irvine
SB184 is 75 pages. It will go into effect on September 9, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. It is required that you read the Attorney General guide for concealed carry license holders. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (Update for SB184 is forthcoming)
Castle Doctrine is arguably the most important part of SB184. Indeed, this was the entire bill when it was introduced. As stand alone legislation it passed the Ohio Senate with a unanimous 32-0 vote. Even if every other improvement were stripped from this bill, this alone would have been a significant piece of legislation.
It is important to note that this section does not apply simply to those with a CHL, or just those who have a gun, but to all law-abiding citizens who are victims of a violent crime. No matter how you choose to defend yourself (including being pacifist), this law is important to you.
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