Debate over impact of Ohio CCW law

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Preacherman

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From the Bucyrus Telegraph-Forum, April 3, 2004 (http://www.bucyrustelegraphforum.com/news/stories/20040403/localnews/163570.html):

Gun law future success likely tough to determine

By Jim Siegel
T-F Columbus Bureau

--------------------------------------------------------------------------------

COLUMBUS -- Criminals in Ohio have been carrying guns for years -- and now the rest of Ohio will get its chance.

The state's long-debated new law allowing residents who pass criminal and mental background checks to carry concealed handguns goes into effect Thursday, and thousands are expected to flock sheriffs' offices across Ohio seeking new permits.

But whether the law is ultimately effective at making people safer may never really be determined.

"If the crime rate goes down in Ohio, they'll claim it's because of this," said Sen. Eric Fingerhut, D-Cleveland, one of the legislature's most outspoken opponents of the new law. "If it goes up, they'll say it's because the law is too restrictive. It's not a debate you're going to resolve ever."

That doesn't mean people won't spend the next few years giving it their best try.

Gerard Valentino, central Ohio coordinator for Ohioans for Concealed Carry, said Michigan crime rates dropped after it passed a concealed-carry bill in 2001.

"Our expectation is we'll see something close to that," he said. "If we don't see something that good, it doesn't necessarily mean there is a problem."

For Rep. Jim Aslanides, who crafted the law, success will be measured by the number of people who get a permit. The more people licensed, the more criminals will have to be wary of who they strike, he said.

Within three years, Aslanides wants to see 5 percent of Ohioans -- more than 550,000 -- licensed to carry.

"We'll be hard-pressed to get that many," the Coshocton Republican said. "The bill is pretty restrictive and that may discourage some.

"Everybody needs to get a permit. It makes everybody safer."

The Ohio Highway Patrol says they'll rely on crime and accident statistics to gauge success.

"Do we have an increase in the number of incidents involving firearms as it relates to motor vehicles and traffic incidents?" said Ohio Highway Patrol patrol spokesman Sgt. Rick Zwayer. "We'll look at whether it becomes a crime deterrent or if it increases crime."

But county sheriffs, who are responsible for conducting background checks and issuing permits, see it differently.

It's a success if "we do not erroneously issue licenses to anyone," said Bob Cornwell, executive director of the Buckeye State Sheriffs Association. He won't pay attention to crime statistics or body counts.

"If I want to say crime has been reduced, I can get you all kinds of statistics that say that in those states that passed a CCW law, crime has gone down," he said. "If I want to say more kids have been killed because of carry concealed, I can get you all kind of statistics on that."

Regardless of success, most agree the law is not perfect. When the bill passed in January, Aslanides called it "nothing more than a good vehicle to amend later."

And he is already eyeing some changes. The first could be to close permitting records from public view. After pressure from Gov. Bob Taft, lawmakers agreed to allow journalists access to permit lists.

The chance of being outed by the media may make people reluctant to get a concealed-carry permit, Aslanides said.

But making that change might be tough, considering Taft's opposition. And two GOP governor candidates for 2006 -- Betty Montgomery and Jim Petro -- also want those records open.

Aslanides also thinks the bill contains too many restrictions when carrying inside a vehicle, particularly for women who can't always easily holster a gun on a belt or under a jacket. He'd also like to one day remove the prohibition on guns in public buildings.

"I realize the first bill out of the box has to be restrictive," he said. "We needed to prove it could go on and we could implement a new statute like this without much difficulty."
 
"Gerard Valentino, central Ohio coordinator for Ohioans for Concealed Carry, said Michigan crime rates dropped after it passed a concealed-carry bill in 2001. "

I have it on pretty good authority that this Gerard Valentino guy doesn't know what he's talking about. :neener:
 
True enough. Nobody in the concealed carry movement doubts it is a right to carry a weapon. Prooblem is, in Ohio, we lost that debate in the Supreme Court who stated only open carry is a fundamental right.

Open Carry is nice but in Ohio most likely will get you hassled by the cops. No, it isn't right for them to do it but they do.

The current law has some serious flaws but fact is, people will be on the street carrying concealed weapons and instead of criminals it will be the law abiding citizens we want out there.
 
I don't think that you will see the same results as other states have seen because of the restrictions that your state (Ohio) has added into the CCW rights law.

All you have is a starting point. 1st thing that has to be eliminated is the open carry in vehicle restriction. THAT IS DUMB.

The way I see it, you can arm yourself and go riding around, but the first time you stop and go in somewhere, you are in violation. OK maybe not that restrictive, but you get my meaning.
 
No doubt the law is too restrictive. Pro Gun groups are already lobbying to get the open car carry provision changed. As it turns out, it's a sexist provision in the law that did not account for women who often carry in a purse and don't have the option of carrying "on their person in plain sight" if wearing a dress or clothing without a belt. They should not have to remove the gun from their purse and lock it up.

There are other issues, like "felony touching" that says you can't touch the gun at all once in the car, etc. etc.

Fact is it will take a few years to get the law loosened up. Once we have people on the street with permits and it proves to be safe a lot of the opposition in the media and legislature will go away.

Problem is Ohio Republicans are farther left of center than most Democrats. It took 10 years to get CCW legislation passed in a state with a Republican controlled house, senate and governors mansion. Shameful.

Ohio also has the third highest local and state tax burden in the Nation! Can you imagine? Our Republicans should be ashamed of themselves. They will cost Bush the state in the upcoming election - the conversative base is not energized to vote because we don't have a voice in Ohio. The two Republicans in line for the party nomination for Governor would fit in with Kerry and Kennedy. Again, shameful.

Many will stay home and that will cost Bush Ohio. Bush loses Ohio, he loses the Presidency...just like his Father.
 
this Gerard Valentino guy doesn't know what he's talking about
pretty good authority eh..if more folks would stand behind their beliefs in CC and the whole gun control issue,perhaps we can change the way things are done in these parts...like getting the antigunners out of office and shutting them down.I admit I never thought ohio concealed carry would ever pass in ohio with the antis up in cleveland pushing their agenda.good work gerard.CC has come this far,lets not give it up.
 
The Ohio law is pretty far over on the goofy side, but it is a start.

And this election cycle will remove State Sen Eric Fingerhut. Running against Republican In Name Only US Senator Voinovich (Incumbent) for the US Senate seat.

"Finger-in-your-eyes-hut" did everything he could to defeat, impede, and otherwise delay Ohio CCW law reform. Quoted all the usual MMM-Brady Bunch-VPC lies & spin....

"Blood in the streets." "Dodge City Wild West days." "Citizens don't need guns, just call the police", etc :barf: :barf: :barf:


It will get better in Ohio, we just have top keep beating the liberals back.
 
Ukrane Train,

Has "plain sight" been defined for the purposes of CCW?

Here's a quote from the Attorney General's Concealed Carry Publication.

"So far, the Ohio Supreme COurt has not defined the term "plain sight" precisely in the context of carrying a concealed handgun. However, in other contexts, courts have generallly held that the term "plain sight" is a common sense term that means clearly visible or unobstructed."

http://www.ag.state.oh.us/web_applications/concealcarry/About.asp

I guess that means that it's just supposed to be common sense. However if your common sense doesn't match the police officer's you get arrested for a felony, and at best spend your life savings defending your actions.
 
I'm trying to figure out how I can legally transport a loaded firearm in my truck once I get my permit.

My glove box doesn't have a lock. My center console has a lock on it, but the law specifically says glove box, and I'm not willing to risk a felony to see if the courts consider my console a glove box or not.

That leaves me the option of a case in plain sight that is locked.

Leaving my gun in a case in plain sight when I go into some place where I can't carry it (of which there are many) seems like a good way to get my gun stolen.

The option I'm currently considering is to mount a mini gunvault on top of my center console. http://www.gunvault.com/ministandard.asp

I would not only bolt it to the top of the console, but attach it with a cable to something more secure than the console top.

That would give me relatively quick access to the gun, and make it pretty difficult to steal, or at least time consuming.

Of course I still may end up having my window smashed in by someone attempting to steal my gun, but the law simply doesn't give me many options.

Does anyone else have any ideas before I buy the vault, and work on securing it in my truck?
 
Does the locked case have to be in plain sight even when you're not in the vehicle? You could have the case on the passenger seat when you're in the vehicle and then stash it underneath or behind the seat when you go somewhere.
 
If you have to hide it when your'e in the car, what good is the CCW?

When the opponents of Ohio's concealed carry law couldn't prevent it from passing they did their best to poison the bill with unreasonable restrictions and strong penalties for violating confusing rules.

The bill is a starting point, but it's horribly flawed as it is now.

I don't honestly know if the case must remain in plain sight when you're not in the car. I'd like to be able to shove it under the back seat when I'm not drivein, but want it easily accessable when I am driving.
 
In the car it has to be holstered on your person "in plain sight" or locked in a lockable container. Check out OhioCCW.org for more information.

The law is not great but at least it gets permit holders on the street. Michigan started with restrictive law and got it fixed - we will too.

I forgot to add, women can carry in a purse but need to shift the gun to a lockable container when they get in a car. In a purse is not holsters on your person in plain sight.

This is the first provision that needs to change. Everyone that took part in creating the bill was a man and clearly did not account for how women would carry.
 
The car thing isnt even the worst part. Renewal beats that, easily. As it stands now there isnt anything about renewing the license. Which means, you'd either have to produce a new DD214 (within 3 years of EAS, meaning you would have had to have gotten your initial permit while still in), or go thru the $300 classes again.

I think the price of the classes is whats going to keep a lot of people from getting the permits for a while. Until the cost drops somewhere closer to reality, the only ones who will be able to afford them will be the rich.

Oh, and you can count on the cost of the permits going up before too much longer. I cant tell you how many times I've heard the staff at the local SO bitch about how $45 barely covers expenses, yada yada yada. Unfortunately, our wunnerful politicos listen to LEO's too much (which makes it surprising that we even got a CCW law in the first place, what with the big city departments and their view on things), and the dept. seems to think that they should be able to make a buck off this. So they're gonna be whining to the legislature to increase the cost of the permit.
 
Almost everyone involved in getting this law passed believes the renewal process will never be put into place. It is on the short list of items to be fixed.

But you're right, it's a messy system to try and get the permit renewed if it stays as is.

Gerard
 
Its all about money. After 6 months or so the restrictions will loosen-up with no fuss. It costs hard to come by public money to enforce a law and jail offenders (you don't expect the counties to build more jails with the $25 profit from each permit do you?). "Get rid of this idiotic provision and the state will save $4 million a year, release those 150 cops onto the streets to work on the more serious "crimes". Joe Blow Public doesn't care and will lose interest quickly and thats when we go to work with our amendments. That's the American way.
 
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