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Ohio Republicans Push to Waive Gun Training, Permit Requirements for Concealed Carry – Cleveland, Ohio

Cleveland, Ohio 2021-10-15 13:59:00 –

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  • Graham Stokes / Flickr CC
  • Protester with his gun and flag

Both Houses of Ohio General Assembly are moving forward with legislation that abandons training requirements for carrying hidden weapons.

Current law allows state residents to carry their weapons openly, but people over the age of 21 are only allowed to carry them in secret after completing an eight-hour training course and passing a background check. Can be obtained.

House Bill 227 and Senate Bill 215, including some significant differences, waive these permit requirements, including training.

If this effort is successful, Ohio’s gun control will continue to be steadily relaxed for the past two decades. This includes the launch of a hidden carrying program in 2004 that requires 12 hours of training. In 2006, it passed a “preemptive” law, preventing cities from enacting stricter gun laws than at the state level. The obligation to withdraw in 2020 has been removed (passing the “Stand Your Ground”), eliminating the need to seek withdrawal before responding to a deadly perceived attack.

On Thursday, the House Government Oversight Committee held a fourth hearing on the Unauthorized Hidden Carrying Act.

For several hours, members of the anti-gun violence advocacy group Moms Demand Action opposed the bill. They argued that it would inevitably increase the rate of gun violence. The Ohio Attorney General’s Office reports that approximately 1,200 hidden carry-on applications are denied each year for reasons set by codes such as criminal history, civil or temporary protection orders.

They asked what would happen to those applicants if there were no more licensing processes.

Sieglinde Martin, a member of the MDA, said:

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Ohio Domestic Violence Network lawyer Mikaela Deming said the misdemeanor and protection order for domestic violence was the second to fail a background check for potential gun owners. He said it was a high reason. She said waiving the permit requirement meant the loss of an important screening mechanism for removing guns from these domestic criminals.

Gun lobbyists and enthusiasts argued that the threat of public security was exaggerated. They said law-breaking gun owners would continue to break the law, no matter how strict they were or how loose they were. The bill concerns Ohio’s rights under the Second Amendment to the US Constitution.

“The bill says,” If carrying is prohibited, [concealed] Firearms, suddenly you can now “-if you are banned, you are banned,” said Shane Wilkin, co-sponsor of the bill and chairman of the hearing, in an interview. rice field.

“People who intend to carry without worrying about the law, regardless of what it is, will carry it regardless.”

After the hearing, Wilkin said he was unsure if the bill could be voted on at the next hearing, but said he did not intend to rule it out.

Committee members are generally legislatively warm. Rep. Phil Plummer (R-Butler Twp.) Said that while it is legal to carry weapons openly in Ohio, it is “a kind of strange” to wear a jacket that covers it.

Rep. Don Jones (R-Freeport) stabbed witnesses who said that legalized and unauthorized hidden carrying had experienced higher levels of violent crime than others. He asked if it could be the effect of other laws, such as the legalization of marijuana for recreational purposes.

Meanwhile, Senate Veterans and the Public Safety Commission have held two hearings on similar legislation from Senator Terry Johnson (R-McDermott).

Key Differences from House Bill: The Senate Bill also establishes a pretrial immunity hearing procedure for those facing criminal accusations or civil proceedings related to the use of force for self-defense. increase.

Trials that take place before the trial provide the defendant with substantial benefits. It tells the court that the accused will assume the power used for self-defense and requires the prosecutor (in the case of a criminal case) to prove beyond reasonable suspicion or plaintiff. To provide “substantial evidence” that the person did not use force for self-defense (in a civil lawsuit).

If the prosecutor or plaintiff fails to do so, the accused is considered exempt from prosecution or proceeding. If they succeed, the proceedings then move towards trial.

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Proponents of the bill, to put it another way, have generally ruled that the licensing requirements for carrying hidden weapons do not violate the Second Amendment.

In the opinion of the Ohio Supreme Court in 2003 (which preceded Ohio’s first concealed carry law), Judge Paul Pfeifer, who wrote for the majority, was insensitive to the majority’s opinion.

“(The law) does not unconstitutionally infringe on the right to arm. There is no constitutional right to possess hidden weapons,” he wrote.

In 2008, the United States Supreme Court issued a key opinion that overturned Washington, DC’s law prohibiting residents from owning firearms at home, now considered a groundbreaking decision in the second amendment. bottom. However, Supreme Court judge Antonin Scalia, a symbol of conservative law and politics, said in his majority opinion that the right to arm was not infinite.

“Like most rights, the rights secured by the Second Amendment to the Constitution are not unlimited,” he writes.

“(Constitutionally) we do not have the right to hold or carry any weapon in any way or for any purpose.”

Ohio Attorney General Dave Yost is legally responsible for handling some of the administrative work of Ohio’s Hidden Carry Program. In a statement, a spokesman said Yost had not yet taken a position on either bill and was actively monitoring it.

“In any case, Ohio’s hidden carry-on licensing system has succeeded in combining safeguards to protect the public with provisions in support of Americans’ right to arm and protect,” he said of the program in 2020. I write in the annual report of the year.

Twenty-one states allow residents (residents only in North Dakota) to carry hidden weapons without permission, according to counts from the US Hidden Carrying Association. This includes neighboring states in West Virginia and Kentucky.

This story was originally published by Ohio Capital Journal Reissued here with permission.

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