''Plain sight'' just plain bad for Ohioans

Now that the dust is beginning to settle following the implementation phase of Ohio's new concealed carry law, people are beginning to settle in and examine the new law: Where is it working? Where are improvements needed?

Indeed, as OFCC indicated upon passage of the bill nearly one year ago, there are many aspects which, by diminishing the number of licenses obtained, will lessen the downward pressure on crime, and which must therefore be fixed with future legislation.

In an online poll being conducted by the OFCC PAC, one of the most-frequently identified problems OFCC members and supporters say needs attention is the "open carry in a motor vehicle" mandate.

We will begin to address how to move forward on making such improvements in the coming weeks and months, but when considering this specific problem, it is also important to take a look back at how the language made it into the law in the first place.

One of the most egregious changes made by the Ohio Senate in their version of HB12 (passed June 2003), was a provision that quickly became known as the lockbox, or "carjacker protection" provision. The language mandated that if a minor was present in the vehicle, a license-holder would have been forced to lock up their firearm, rendering it unavailable in an emergency, when seconds can mean the difference between life and death.

Senators had also added language insisting that licenseholders, even if alone in their vehicles, place their firearms "off of their person" and in plain sight while in a vehicle.

The most disgraceful part of these provisions was that no anti-self-defense extremist had demanded them. Nor were the provisions inserted to win any Senator's crucial vote. Rather, they were inserted only at the insistence of Gov. Taft and the Ohio State Highway Patrol.

At first they argued that a carry-in-a-car ban was necessary to protect the lives of law enforcement officers:

"We do not want a loaded firearm readily accessible to the driver of a car. If there's a dangerous situation and you're in your car, you can drive off." - Capt. John Born in the Columbus Dispatch, 2/16/03, explaining why the OSHP opposes allowing citizens to carry firearms for their own defense.

But when OFCC told Senators about a study by University of Georgia professor David Mustard, published in the Journal of Law and Economics, backers of the "carjacker protection" provision were forced to change their tune. Mustard's study deals with the issue of risks to police from concealed handgun laws. His research indicated that concealed carry laws are the only gun laws associated with reduced police fatalities.

At the end of the day, Ohioans For Concealed Carry was successful in getting the now infamous "carjacker protection" provision, as well as the "off-person" provision, removed from language addressing how licenseholders may carry in motor vehicles (a complete recap of the battle can be found here).

But thanks to Bob Taft's insistence and a few term-limited Senators' unwillingness to override his veto, the OSHP was able to force in language that mandates that CHL-holders keep their firearms in "plain sight" while in a motor vehicle. This ridiculous provision, which exists no where else in the nation, has already created problems for Ohioans:

  • The "plain sight" language discriminates against women, whose clothes often do not readily allow for a "holster to be worn on the persons' person" while in their personal vehicle.
  • The "plain sight" language provides criminals opportunity to observe motorists stowing or retrieving their firearms, thereby increasing chances of firearm theft and/or removing the CHL-holder's tactical advantage against an attacker. Criminals also gain the opportunity see who is not armed when they exit their vehicles.
  • The "plain sight" language causes particular difficulty for winter travelers wearing bulky clothing, thereby causing many more CHL-holders to lock away their firearms and render them unavailable in the event of an attack.
  • The "plain sight" language causes circumstances where the public may be unnecessarily alarmed by innocent activity of
    gun handling, and where law enforcement officers will be forced to waste precious time and resources investigating yet another "person with a gun" call about a CHL-holder going about their business.

    As the stories below indicate, the carjacking problem continues in Ohio. Driving away has failed time and again as a self-defense option, and law-abiding citizens deserve the very best in legal options for defending themselves and their families:

    Dayton man injured during carjacking

    Toledo resident charged in carjacking/kidnapping; robberies

    AGAIN: Dayton man shot while taking advice of Ohio Highway Patrol

    Dayton students carjacked on their way to school

    Another Dayton carjacking: Teen shot at Colonel White School

    Do Ohio State Highway Patrol bureaucrats still believe citizens can just "drive off" when attacked in their car? After an overwhelmingly successful year of concealed carry in Ohio, will they still lobby as though troopers have more to fear from law-abiding license-holders than they do from criminals?

    Or will they join OFCC, legislators and other law enforcement groups in pressing for the removal of this discriminatory and dangerous provision? Let us hope, like many law enforcement officers from other states, Ohio State Highway Patrol bureaucrats are willing to admit when they are wrong:

      "I lobbied against the law in 1993 and 1995 because I thought it would lead to wholesale armed conflict. That hasn't happened. All the horror stories I thought would come to pass didn't happen. No bogeyman. I think it's worked out well, and that says good things about the citizens who have permits. I'm a convert." - Glenn White, President of the Dallas Police Association, Dallas Morning News, 12/23/97.

      "As we have seen in other states and had predicted would occur in Texas, all the fears of the nay sayers have not come to fruition. A lot of critics argued that the law-abiding citizens couldn't be trusted... But the facts do speak for themselves. None of these horror stories have materialized." -- Sheriff David Williams, Tarrant County, TX, Fort Worth Telegram, 7/17/96.

      Some of the public safety concerns which we imagined or anticipated a couple of years ago, to our pleasant surprise, have been unfounded or mitigated." - Fairfax County VA Police Major Bill Brown, The Alexandria Journal, 7/9/97.

      "I was wrong. But I'm glad to say I was wrong." -- Arlington County VA Police Detective Paul Larson, previously an opponent of Right to Carry, The Alexandria Journal, 7/9/97.

      "The concerns I had - with more guns on the street, folks may be more apt to square off against one another with weapons - we haven't experienced that." - Charlotte-Mecklenburg NC Police Chief Dennis Nowicki, The News and Observer, 11/24/97.

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