After gun owners react, Ohio Constitution "modernization" panel votes to retain right to bear arms language

On August 15, I wrote an article entitled "Obscure commission considers "modernizing" Ohio constitution on right to bear arms," in which I discussed news (being covered by almost no one) that the Ohio Constitutional Modernization Commission's (OCMC) Bill of Rights and Voting Rights Committee had reversed course on a planned vote to recommend to the full commission that no alterations be made to the state constitution's recognition of the right to keep and bear arms.

According to coverage by Gongwer News Service, the committee had reversed course at the urging of some of its members, including member Edward Gilbert, who said he was "sort of uncomfortable with that language given the current situation with the shootings in the school and so forth," and chairman Richard Saphire, who noted that Article 1, Section 4, which pertains to the right to bear arms, was adopted into the state constitution in 1802 and modified to its current form in 1851, and suggested the panel could reword or restate the section to provide greater clarity.

The section which the panel was considering attempting to change states as follows:

§ 1.04 Bearing arms; standing armies; military powers (1851)

The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.

News that the OCMC was considering an attempt to make changes to the "right to bear arms" section of Ohio's consitution prompted an immediate response on our Facebook page.

  • "That's dangerous. Thanks for keeping us informed."
  • "Always remain vigilant. The OH constitution's 2nd Amendment is perfect as is."
  • "Plain talk is easy understood ( shall not be infringed ) is pretty plain. Don't need a lawyer to figure that out now do we."

Several Facebook commenters also questioned the root of the effort to change this section, and the source of the commission's power.

  • "If it is not broken; where does the need to fix it come from?"
  • "Ten people in a room making decisions that could impact every one of us here in Ohio with no constituent representation? Talk about backdoor politics."

A week after my article was published, the Columbus Dispatch reported that the OCMC was ready to move ahead after more than two years of slow, bureaucratic ground work.

In our reporting on these events, we encouraged readers to share their thoughts with members of the committee, and we are pleased to report that the results from the committee's latest meeting, held on September 11, suggest that our voices were heard.

The OCMC website contains materials that are considered at committee meetings, and among those considered by the committee after it reversed course was an analysis, authored by Chris Smith, that began by listing the right to bear arms clauses contained in state constitutions throughout the union.

Smith's analysis contained a few suggestions for the committee to consider, but in the end, and according to the minutes of the September 11 committee meeting, "a motion was made and seconded to retain the current language of Art. I, § 4 (Bearing Arms; Standing Armies; Military Power), which was unanimously approved via voice vote."

I am thankful to all of those who took the time to contact the members of the committee to share their thoughts, and to let them know that ANY proposal to weaken our state constitution's recognition of our right to bear arms for defense and security will be met with vigorous grassroots objection. Your voices were heard.

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.

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