BFA testifies for SB 279 to protect off-duty officers' right to carry

Buckeye Firearms Association (BFA) testified before the Senate General Government Committee in favor of Senate Bill 279.

The bill, sponsored by Sen. Terry Johnson (R-McDermott), would prohibit a business, state agency, or political subdivision from discouraging or prohibiting a law enforcement officer from carrying a weapon while off duty.

The committee held its third hearing Nov. 18.

Here is the Oct. 21 testimony of Rob Sexton, BFA's legislative affairs director, during the committee's second hearing:

Madame Chair, members of the Senate General Government Committee, I am here to offer proponent testimony on behalf of Buckeye Firearms Association (BFA) for Senate Bill 279, which would provide some enforcement teeth to Ohio’s law permitting off duty police officers to carry a firearm into places open to the public. BFA is Ohio’s premier defender of the Second Amendment and the rights of Ohio’s 4-million-gun owners.

Ohio law has long established the concept that we’re safer when law abiding people are armed and able to protect themselves. Laws passed along this line by the General Assembly over the last 20 years include Concealed Handgun Licenses, the repeal of the Duty to Retreat, the establishment of Castle Doctrine, and most recently, the ability of school staff to be armed and Permitless Carry.

When it comes to law enforcement, Ohio law has gone even farther, allowing off duty police officers to carry a firearm even in areas off limits to the rest of us. Police officers have a duty to engage when they witness a crime, and the rest of us are far safer when police officers are present. The Ohio Attorney General has opined on this subject, providing guidance both to law enforcement and to the general public. If a place is open to the public, whether a private business or a government facility with limited exceptions, off duty police officers are authorized and even encouraged to carry a firearm.

Unfortunately, despite the clear-cut language of the law, and the clear guidance of the Attorney General, instances where off duty officers are denied entry due to their firearms continue to occur, even when these businesses have been informed of the law. Senate Bill 279 addresses this issue in three fashions.

First, it clarifies that the owner of the business is not liable for actions connected to an armed police officer on their premise. This removes any liability concerns a business open to the public may have about an armed off duty police officer in their facility.

Second, SB 279 provides for a civil penalty of $10,000 per occurrence. This financial penalty will ensure that businesses have a direct consequence that outweighs other considerations that may have previously led them to deny the entry of an off duty armed officer.

And third, SB 279 would make the business responsible for the attorney fees of the aggrieved person making the complaint related to the denial of an off duty officer who is armed.

Senate Bill 279 is about making us safer in an increasingly violent society. It ensures that trained police officers are able to carry a firearm when off duty as long as they are able to provide identification and provided they are not under the influence or consuming alcohol.

Buckeye Firearms Association is pleased to support this legislation, and grateful to Senator Johnson for introducing it. We encourage the Senate General Government Committee to pass SB 279 to allow the full Senate to bring it to a vote. I am happy to answer any questions you may have. Thank you.