Ohio: Bill to protect against accidentally carrying into no-gun zone

Discussion in 'Legal' started by Midwest, Aug 17, 2016.

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  1. Midwest

    Midwest Member

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    Bill would protect owners from penalties if accidentally bring guns into no-gun zone

    A bill was introduced on July 16 by Union Township State Representative, John Becker that would protect those who accidentally carry into a place where guns are not allowed. If the carrier leaves after being told that guns are prohibited, they won't face any penalties. If they don't leave then they can get arrested.

    http://local12.com/news/local/bill-would-protect-owners-from-penalties-if-accidentally-bring-guns-into-no-gun-zone

    " UNION TOWNSHIP, Ohio (WKRC) - Union Township state representative John Becker introduced a bill Tuesday, July 16, that protects gun carriers if they "accidentally" go into a place where guns are not allowed.

    If they leave after they're told guns are prohibited they'll face no charges. Refusing to leave would lead to an arrest.

    Becker said gun owners can easily forget they're carrying the gun and this would help remedy their mistake."



    Comment : I would assume that this only covers State Laws. I can't imagine that this would have any teeth to preempt Federal laws like the School Gun Free Zones and Airports. But it is still a good step in the right direction. If I get time, I'll try to post the exact number of the bill and provide a link. Unless someone else here posts it first....
    .
     
    Last edited: Aug 17, 2016
  2. Jeff H

    Jeff H Member

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    Good to hear. I never did like the way the law is currently worded.
     
  3. Frank Ettin

    Frank Ettin Moderator Staff Member

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    That's correct.
     
  4. steve4102

    steve4102 Member

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    Aren't those with State of Residents permits to carry already exempt from the Federal Gun Free School Zone restrictions?
     
  5. jimmyraythomason

    jimmyraythomason Member

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    In Alabama we can carry concealed in a school zone with a permit as long as there is no "harmful" intent.
     
  6. Spats McGee

    Spats McGee Moderator Staff Member

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  7. steve4102

    steve4102 Member

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    Ohio is an open carry State, didn't read anything in this Bill that affects the current open carry laws, only Concealed carry.

    If this is the case, then the Federal Gun Free School Zone law is not an issue as Ohio Residents with an Ohio CC permit are already exempt.
     
  8. Red Wind

    Red Wind Member

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    Yes, this is true in all 50 states. With a resident CC permit, you are exempt from the GFSZ law.

    This Ohio bill seems like a step in the right direction.
     
  9. JN01

    JN01 Member

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    There's another twist. I believe Wisconsin has a similar provision.
     
  10. razorback2003

    razorback2003 Member

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    If you have a license, then you are exempt from the Federal Gun Free School Zones act when you are carrying on K-12 school property.

    It's good to see that some politician in Ohio has the right idea to help gun owners.
     
  11. coyotehitman

    coyotehitman member

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    Not something I support. I've already contacted my rep and voiced my opinion. If you cannot "remember" you're carrying a gun, perhaps you shouldn't be.
     
  12. Carl N. Brown

    Carl N. Brown Member

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    coyotehitman " If you cannot "remember" you're carrying a gun, perhaps you shouldn't be. "

    OP Post #1 "... protect those who accidentally carry into a place where guns are not allowed. If the carrier leaves after being told that guns are prohibited, they won't face any penalties. If they don't leave then they can get arrested."

    It is not so much about forgetting you're carrying a gun.

    It is more about finding yourself in a place whose owner has opted to run a gun free zone and you did not know. I have seen complaints that some places actually have their "No [legal] Guns Allowed" signs posted where you can't see them on entry. You can enter legally carrying for self-defense, as many may be most property owners allow, but not be aware that the property owner has opted to be a gun free zone owner, and find yourself accidentally being in violation of the law.
     
  13. razorback2003

    razorback2003 Member

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    Why would you want someone with a license to get in trouble over a 'gun free zone'?

    Sometimes pro gun people can be their worst enemies when there are ideas to lighten restrictions on people.
     
  14. redneck

    redneck Member

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    It's one thing to forget you have a gun, it's another thing to forget to check for a sign every time you enter a building. I support the law.
     
  15. Red Wind

    Red Wind Member

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    Sounds pompous to me. :rolleyes:

    True. :)
     
  16. huntsman

    huntsman Member

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    The Ohio ccw waves the 1000' rule and you can have a gun in your vehicle if you're dropping and or picking up a student at school as long as you don't leave the vehicle but you still can't carry on school property or at a school event off property.


    http://www.ohioattorneygeneral.gov/Law-Enforcement/Concealed-Carry
     
    Last edited: Aug 17, 2016
  17. steve4102

    steve4102 Member

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    The WI provision is different.

    It states that a business that "Pemitts" firearms is immune. Not one that prohibits is not.
     
    Last edited: Aug 18, 2016
  18. rtroha

    rtroha Member

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    Since this Fall is a campaign season, almost nothing will be done legislatively until after the elections. Then there will be a few sessions in late November and early December which is not enough time for this bill to make it through both the House and the Senate.

    Then the Ohio General Assembly will break for the holidays and the legislative session will end on December 31st. All bills not passed by both the House and the Senate at the end of the session are dead. So basically, this bill is going nowhere.
     
  19. Jeff H

    Jeff H Member

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    Depends entirely on how much support there is for it. The Pot bill made it through way faster than the 4 months or so that are remaining this year.
     
  20. rtroha

    rtroha Member

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    That was to head off the pot referendum in November. The last thing the Republicans wanted was a bunch of pro-maryjane voters coming to the polls in a presidential election year.

    The gun rights movement in Ohio has almost no clout which I attribute to the fact that it is fragmented into five different organizations, with almost no cooperation among them.

    We have
    Ohio Rifle and Pistol Association ( http://www.orpa.net/ )
    Ohioans for Concealed Carry ( http://www.ohioccw.org/ )
    Buckeye Firearms Association ( http://www.buckeyefirearms.org/index.php )
    Oho Carry ( http://www.ohiocarry.org/ )
    Ohio Gun Owners ( http://www.ohiogunowners.org/ )
     
  21. steve4102

    steve4102 Member

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    It appears to me that this bill just removes the Force of Law attached to No-Guns signs.
     
  22. Arizona_Mike

    Arizona_Mike Member

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    Nullification is a no-go but anti-commandeering provisions (with respect to immigration, drugs, and guns) usually hold up in federal court. Are there any anti-commandeering provisions in the bill?

    Mike
     
  23. coyotehitman

    coyotehitman member

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    Ohio has stipulations on posting signage. If there is a violation by a gun toter, it is a result of negligence.


    .

    I don't recall asking what it sounds like to you.
     
  24. rtroha

    rtroha Member

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    Some businesses do not post their signs in a conspicuous manner as required by law. United Dairy Farmers used to have an extremely small, word-only (no picture) sticker among twenty other stickers and posters on their windows. A person carrying is supposed to stand outside the store for five minutes reading all that to make sure they are legal?

    Half Price Books used to have a clear see through sticker with white lettering that was about knee high on the door.

    Some malls have no signs on their entrances but forbid weapons in their rules of conduct. Is a gun carrier being "negligent" if they don't immediately go to the food court and read all the rules of conduct upon entering the mall?
     
  25. Indawind

    Indawind Member

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    I support this so it is not needed to leave a weapon in the car while I run in and pick up a bite to eat, although I have to admit I tend to not give money to anti types of establishments.

    I have a problem with leaving an unattended weapon in a car, seems.......irresponsible.

    I find it interesting that someone that carries would be against a law that cleans up some the bureaucratic confusions and gotchas that permeate many laws on the books in States regarding guns. Ohio certainly had a few of those that were cleaned up in the recent past, for the best. I find any opposition to expansion of gun rights even more interesting. We rail against any assault on our rights, should we be not be supporting anything that pushes the needle in the other direction?
     
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