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Ohio and West Virginia Sign Reciprocity Agreements (6/8/07)

 

Ohio and West Virginia entered into a reciprocity agreement for concealed carry licenses on June 8, 2007. This long awaited development results from the passage of an amendment to the West Virginia law last winter which became effective on June 7, 2007. That amendment gave the West Virginia Attorney General authority to enter into significantly more such agreements than had previously been allowed. This means that Ohioans with Concealed Handgun Licenses may now carry in West Virginia and vice versa. However, each must remember to follow the particular laws of the state they are visiting.

 

HB225 CCW Reform Bill Introduced 5/23/07

 

HB 225 has been introduced in the Ohio Legislature. It is a major reform bill of current CCW laws. This isn’t to say that there isn’t more to accomplish, but this is a good start if it can survive the legislative process.

 

Some features include:

·                     Authorization of a person to carry a concealed handgun without obtaining a license to the same extent as if the person had obtained such a license if the person qualifies for a concealed carry license and is legally permitted to purchase a handgun.

·                     Removal of the requirement to inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun.

·                     Removal of the prohibition of carrying a concealed handgun at all institutions of higher learning (public and private), places of worship, day-care centers and homes, and government buildings other than schools, courthouses, law enforcement offices, and correctional facilities.

·                     Removal of the "in plain sight or secure encasement" criterion that a concealed carry licensee must satisfy to legally possess a handgun in a motor vehicle for an unlocked container/case.

·                     Repeal of the "journalist exception" to the provision that otherwise makes confidential the records a sheriff possesses regarding concealed handgun licenses and applications for such licenses.

 

 

Cleveland Files Suit Against HB347 (3/14/07)

 

Today the City of Cleveland filed a declaratory judgment against the State of Ohio to fight the enactment of Ohio Revised Code (RC) section 9.68 which seeks to threaten the safety of our children, citizens, businesses and visitors by nullifying local gun laws that were put in place to address the specific needs of the City of Cleveland. Mayor Frank G. Jackson has vowed to protect the city’s residents and its right to home rule.

 

No restraining order has yet issued against the State to prevent HB347 from going into effect and this suit apparently only affects the pre-emption portion of the statute. Cleveland is already financially in trouble and this suit places them in jeopardy of incurring even more expense due to the provisions of HB347 making the municipality responsible for all costs should they lose.

 

HB347 Takes Effect (3/14/07)

 

HB 347 takes effect on March 14, 2007. As of this date, the rules for concealed carry of a handgun in a motor vehicle change. A licensee must now have the firearm in a holster on his person, but it no longer must be in plain sight. Alternatives are in a container closed by a clasp, buckle or zipper (such as a purse or briefcase), but the container must be in plain sight or in a locked glove box or in a locked container, but the locked container does not have to be in plain sight.

 

There are many other aspects to this new law including state pre-emption of all firearms laws with the exception of zoning ordinances, an increase of the life of new licenses to five years with a corresponding increase in fees to $55, a requirement that sheriffs accept applications at least 15 hours each week, improved and more extensive background checking for licensees (which may help Ohio enter into more reciprocity agreements with other states) and much more.

 

There are still problems and several municipalities have indicated that they intend to challenge the pre-emption aspect of the law. This means that it may still be possible to be charged under local ordinances prohibiting the carry of firearms, but the law also imposes penalties on municipalities if their laws are challenged and they fight and lose. The bottom line is to be careful for a while until this new law has had a chance to work itself out in the courts. You do not want to be a test case.

 

Attorney General Summary of Changes in HB 347 (2/28/07)

 

Attorney General Petro’s office has just released a summary of the key changes in HB 347. You may access that here.

 

Attorney General Dann now has published the new concealed carry handbook which is required reading for all licensees. You may access that here.

 

Media Access to CCW License Information (Posted 12/28/06)

 

The legislature passed HB 9 with a provision limiting the media access to information on CCW licensees. Previously, a member of the media could request the name, birthdate and county of residence on all licenses issued by a county sheriff and the sheriff had to provide that information. After the Cleveland Plain Dealer and some other papers posted the complete lists in their circulation area in the paper and on the internet, the legislature decided to act. Now, they may go to the sheriff’s office and review the records, but the sheriff may not give them copies as he was required to do in the past. While this does not eliminate the potential for abuse, it makes it much more difficult for the media to do that as they must make notes from the records. In large counties, this will make it extremely difficult for them to acquire the complete lists.

 

Members of the legislature have indicated that if the abuses continue, further restrictions may be imposed.

 

Handgun Transport in Motor Vehicle (Posted 12/23/06)

 

I’ve just been informed by Ken Hanson, a municipal prosecutor in northern Ohio and a gun rights advocate, that the Delaware Municipal Court has begun convicting persons carrying handguns in their cars in accordance with Ohio Rev. Code §2923.16. The rationale is that §2923.16 refers to carrying firearms in a motor vehicle while §2923.12 (the CCW statute) makes a distinction between “firearms” and “handguns.” Consequently, a person complying with the transport requirements of §2923.16 is in violation of §2923.12 and guilty of carrying a concealed weapon. Licensees can avoid this paradox by carrying unloaded handguns in a locked case in plain sight, but non-licensees are not afforded that option. This poses serious problems for the non-licensee who wishes to go to the range or take his handgun to the gunsmith or anywhere else. Hopefully, now that this has been identified, the legislature will address it in the coming session.

 

“Ohio Patriot Act” (Posted 1/17/06)

 

On January 11, 2006, Governor Taft signed Substitute Senate Bill 9 which is unaffectionately known in some circles as the “Ohio Patriot Act.” This bill preempts local laws which might interfere with the federal Patriot Act and which imposes criminal penalties on individuals who refuse to identify themselves or provide identification to police when they may be charged or witnesses to a crime. This bill became effective on April 11, 2006.

 

Concealed Carry (updated 1/10/07)

 

On December 13, 2006, the Senate passed a bill which will resolve the media loophole in Ohio’s CCW law. When CCW passed in 2004, Governor Taft insisted that the media be given access to the names, birthdate and county of residence of licensees. The rationale for this was to allow the media to insure that licenses were not being given to criminals or those otherwise barred. Instead, the Cleveland Plain Dealer and other newspapers in the State began publishing entire lists of licensees in their circulation area. This placed persons such as ex-spouses trying to hide from abusive ex’s or those victimized by stalkers who had obtained a CCW license for protection in danger by allowing those posing a threat to locate them. The media turned a deaf ear to objections by licensees and legislators over this abuse of the privilege of access. This new bill will grant access to the media, but they must view the records at the Sheriff’s office, they cannot make copies or notes or take any hard records from the office. On December 19, the House responded, after some debate as to whether it goes far enough, with a 52-39 vote sending it to the governor. No veto is expected as the media organizations favor the bill at this time.

 

HB 347 will become law in Ohio on March 14, 2007. On December 12, 2006, the Senate voted to override Taft’s veto of the bill 21-12, one more vote than necessary. This followed the House vote of 71-21 on December 7 to override the veto. The effective date of the bill may be delayed should a court order it due to litigation which has been threatened by the mayors of Cleveland, Columbus and Cincinnati.

 

The Bill dramatically improves firearm laws for gun owners and law enforcement in Ohio.  Among the changes:

 

·                    Law enforcement officers are given “24/7” concealed carry in Ohio, and changes are made to Ohio law to allow our officers to better take advantage of Nationwide concealed carry under Federal Law.

 

·                    BCI investigators are now given the same firearm rights as law enforcement officers.

 

·                    Concealed Handgun Licenses (CHLs) issued under the new law are good for 5 years versus 4 years under current law.  The application fee increases to $55.

 

·                    Sheriffs must accept applications for CHLs at least 15 hours per week, ending the administrative harassment some counties were imposing upon applicants.

 

·                    License holders can now carry a concealed handgun in a car.  It is no longer a requirement that a pistol in a holster on the person or in a locked case be in plain sight.

 

·                    License holders may now carry in an unlocked closed purse or bag so long as the purse or bag is in plain sight, a big improvement for female licensees.

 

·                    Local regulation of firearms is now completely preempted at the State level, ending the patchwork quilt of firearm laws across Ohio.  Most importantly, this part of the Bill makes the award of attorney fees mandatory for any group that successfully challenges a municipal firearm ordinance, meaning cities that attempt defiance of this provision will financially pay for their obstinance.

 

The final version of the legislation can be viewed here.

 

 

Background

 

On January 8, 2004, Governor Taft signed HB12 to allow concealed carry of firearms by Ohio citizens who obtain a license by undergoing firearms training, passing a background investigation and filing the application with their county sheriff. The legislation also allows for 90 day temporary permits for those who are in fear of criminal attack or domestic violence. Firearms in motor vehicles must either be secured in a locked glove box, in a locked container in plain sight, or holstered on your person in plain sight (the term “plain sight” has not been fully defined yet – for instance whether an inside the waistband holster is legal if the butt of the gun is visible) – there is no legal concealed carry in an automobile in Ohio. There are a number of places where weapons cannot go – public buildings, police stations, jails, school and school safety zones, facilities that serve alcohol and any private property where the owner has posted that weapons are not allowed. (Note: if the sign is at the entrance to the parking lot, it is probably illegal to store the weapon in your car while going to a posted facility). You may not carry in a church unless the church has authorized people to carry while there. There are a number of other questions that are still unanswered as the law is unclear on many terms. This is not an all inclusive list and you should refer to the statute for more detail. Carrying in a prohibited or posted area carries criminal penalties and may result in loss of the concealed carry license. If you leave a loaded weapon in the car, it must be locked in a glove box or in a case and the case must be in plain sight, an invitation to theft.

 

Ohioans for Concealed Carry (OFCC) vowed to attempt to improve the law by reducing the number of places barred to concealed carry and to remove some of the silly requirements for carrying in a motor vehicle as well as making the list of permit holders unavailable to the public. A number of municipalities have passed restrictions that appear to be violations of the new law. OFCC has successfully litigated several cases forcing the municipalities to back down, but this is a continuing problem. Several newspapers throughout the state have published lists of license holders in their counties. One, in Sydney, included the addresses of the licensees, a clear violation of the law by the sheriff and newspaper; however, a grand jury declined to take any action against either. A number of legislators are looking at removing the right of journalists to access this information due to these actions. Some of these were realized with the recent enactment of HB 347 on December 12, 2006, with the override of Governor Taft’s veto.

 

Business concerns

 

Businesses that have concerns about the new law might find some information here.

 

Attorney General Summary Pamphlet and applications

 

The Attorney General has released the pamphlet required by law and you can view it here.

 

The application forms that must be filled out for the sheriff to issue permits are (1) for a regular permit which can be downloaded here and (2) for the emergency temporary permit which can be downloaded here. You must have a passport type photo taken within the past 30 days. The American Automobile Association can take these photos and some local offices do not charge members for them. The Putnam County Sheriff’s Office will provide the photo for $3.00. Other counties require you to provide it yourself.

 

Qualifications

 

Those interested in obtaining a permit must complete 12 hours of training, including 2 hours of range time and a qualification firing. There are a number of courses currently being offered. Make sure that any course complies with the Ohio law and will be accepted by your local sheriff before spending money on it. The Attorney General’s office has posted information regarding training which you may find useful. One source of training programs can be found here. The Attorney General has also posted Frequently Asked Questions.

 

Ohioans for Concealed Carry has also posted Frequently Asked Questions which may help you.

 

Sheriff A.J. (Tim) Rodenberg of Clermont County has posted useful information on his website at http://www.clermontsheriff.org/

 

Reciprocity (Updated 8/24/07)

 

Ohio has entered into reciprocity agreements with Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Kentucky, Michigan, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, Virginia, Washington State, West Virginia and Wyoming. This means that Ohio CHL’s will be honored in those states and those states’ licenses will be honored in Ohio. You must follow the specific laws of any state in which you travel, so check that state’s laws before carrying there. You can do so at http://www.handgunlaw.us/. Other states which honor the Ohio license, but which Ohio does not yet honor, are Indiana, Kansas, Minnesota, Montana, New Mexico, South Dakota and Vermont. That is a total of twenty-five other states in which Ohio licensees can carry concealed.

 

Citizen Action

 

If you are interested in being active in gun rights issues and correcting some of the defects in the statute, you can check out Ohioans For Concealed Carry.


Text of statute

 

You can review the final version of the legislation in .PDF format here.

 

Columbus

 

The city of Columbus passed an “assault weapons ban” that defines any semi-automatic handgun capable of holding more than ten rounds as an assault weapon. This includes most of the semi-automatic pistols used for self defense such as the Glocks, the M1911’s, the Berettas and many others. If stopped in Columbus with one of these weapons, you are facing a first degree misdemeanor. This ban will be invalidated under HB 347 in the middle of March, 2007.

 

The NRA cancelled its 2007 convention in Columbus because of this law. One of the reasons is that vendors and exhibitors would not be legally able to bring their weapons to the convention to display. Expect there to be legal challenges to this. Columbus has already lost twice in the courts on similar ordinances. Also, the state legislature is considering bills to pre-empt cities’ authority to pass such laws. If you feel strongly either way on this issue, you should contact your state representatives and senator.

 

Court Decisions

 

In Re Forster, 161 Ohio App3d 62 (11th Dist – 2005). County sheriff denied application for license to carry concealed handgun on the basis of receiving stolen property felony conviction, which had been expunged, and trial court reversed on appeal based on the expungement. Trial court erred in ordering issuance of license where sheriff is allowed to access expunged convictions that may serve as grounds for denial of license, and felony conviction does not permit mitigation under the statute, regardless of its age, R.C. 2923.125. This still appears to be the law in Ohio.

 

State v. Davis, 166 Ohio App3d 37 (10th Dist – 2006). This case ruled that an unloaded handgun carried in accordance with the transport rules of the ORC § 2329.16(C) in a closed case in a vehicle was “ready and close at hand” if a loaded magazine was also in the case. This case is currently on appeal to the Ohio Supreme Court. It behooves anyone who wishes to transport a handgun to make sure that no ammunition is readily available to anyone in the vehicle or to make sure that the firearm is disassembled. HB 347 made no changes to the impact of this decision.

 

City of Toledo v. Beatty, L-05-1319 (6th Dist – 2006). This case ruled, 2-1, that ORC §2329 is not a general law of the State of Ohio and that local municipalities can override its provisions concerning the carrying of concealed weapons. The dissent disagrees with this holding and is well written and grasps the issues which the majority opinion fails to do. This case has been appealed to the Ohio Supreme Court. For the time being, CHL holders in the 6th District should be very careful about checking local codes as each municipality will probably be different. You can read the decision here. HB 347 will override this decision.

 

 

 

 

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