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PATROL, GOP NEAR DEAL ON GUN BILL
Compromise Would Supersede Local Laws
Published: Tuesday, November 28, 2006
By Jim Siegel
THE COLUMBUS DISPATCH
Columbus -- Republican lawmakers and the State Highway Patrol have reached a deal on how guns can be carried in vehicles, perhaps smoothing enactment of a bill that would modify Ohio's concealed-handgun law.
The bill, among other things, no longer would permit local governments to pass gun laws that go beyond the restrictions set by state lawmakers.
This includes the assault-weapons ban passed by Columbus officials in the summer of 2005, and prohibitions on guns in parks or other places not designated as gun-free zones in state law.
Those local laws would be invalidated.
Governor Bob Taft had threatened to veto the bill, based on opposition from the patrol, which earlier objected to proposed changes in the way people could conceal guns in their vehicles.
"I think we have a bill that the Second Amendment people support and that law enforcement is OK with," said Senator Jim Jordan, R-Urbana, chairman of the Senate Criminal Justice Committee, which is hearing the bill.
The main fight centered on whether concealed-carry permit holders, while in a vehicle, should be required to carry a gun either holstered in plain view or locked away in a glove box.
If the gun isn't locked away, the patrol wanted the gun in plain sight to protect troopers involved in traffic stops.
But gun-rights advocates, including bill sponsor Representative James Aslanides, R-Coshocton, argued the plain-sight law caused logistical problems, particularly for women who carry guns in their purses rather than a holster. He also said it created unnecessary safety risks to move a gun from a holster to a glove box.
The patrol now is backing away from its plain-sight requirement in exchange for an increased criminal penalty if the person fails to notify an officer that he or she is carrying a concealed gun. The penalty would go from a fourth- to a first-degree misdemeanor, with a two-year gun permit suspension.
"Our main concern was that if they do away with the plain-sight that we, as law enforcement, wanted to ensure our officers' safety the best that we could," said Lieutenant Shawn Davis, of the OHP's Office of Strategic Services.
Davis said the patrol will take a neutral stance on the new version of the bill, to be introduced Wednesday, when a committee vote also is scheduled. An earlier version passed the House in March, 76-19.
Taft spokesman Mark Rickel offered no insight into whether the governor would support the revised measure. "It has not been a priority for the governor at this point."
Cities including Columbus have opposed having their gun laws pre-empted by the bill. Aslanides said a permit holder can't be expected to know hundreds of different gun laws.
But a spokesman for Columbus Mayor Michael B. Coleman has said the bill disrespects local control and "the ability of cities of any size to keep people safe."
Other expected changes to the bill:
* Eliminating a provision that would allow a person to get a gun permit if his or her criminal record had been expunged.
* Eliminating a provision that would allow an intoxicated permit holder to give his or her gun to someone else. Carrying a gun while drunk is a fifth-degree felony.
Compromise Would Supersede Local Laws
Published: Tuesday, November 28, 2006
By Jim Siegel
THE COLUMBUS DISPATCH
Columbus -- Republican lawmakers and the State Highway Patrol have reached a deal on how guns can be carried in vehicles, perhaps smoothing enactment of a bill that would modify Ohio's concealed-handgun law.
The bill, among other things, no longer would permit local governments to pass gun laws that go beyond the restrictions set by state lawmakers.
This includes the assault-weapons ban passed by Columbus officials in the summer of 2005, and prohibitions on guns in parks or other places not designated as gun-free zones in state law.
Those local laws would be invalidated.
Governor Bob Taft had threatened to veto the bill, based on opposition from the patrol, which earlier objected to proposed changes in the way people could conceal guns in their vehicles.
"I think we have a bill that the Second Amendment people support and that law enforcement is OK with," said Senator Jim Jordan, R-Urbana, chairman of the Senate Criminal Justice Committee, which is hearing the bill.
The main fight centered on whether concealed-carry permit holders, while in a vehicle, should be required to carry a gun either holstered in plain view or locked away in a glove box.
If the gun isn't locked away, the patrol wanted the gun in plain sight to protect troopers involved in traffic stops.
But gun-rights advocates, including bill sponsor Representative James Aslanides, R-Coshocton, argued the plain-sight law caused logistical problems, particularly for women who carry guns in their purses rather than a holster. He also said it created unnecessary safety risks to move a gun from a holster to a glove box.
The patrol now is backing away from its plain-sight requirement in exchange for an increased criminal penalty if the person fails to notify an officer that he or she is carrying a concealed gun. The penalty would go from a fourth- to a first-degree misdemeanor, with a two-year gun permit suspension.
"Our main concern was that if they do away with the plain-sight that we, as law enforcement, wanted to ensure our officers' safety the best that we could," said Lieutenant Shawn Davis, of the OHP's Office of Strategic Services.
Davis said the patrol will take a neutral stance on the new version of the bill, to be introduced Wednesday, when a committee vote also is scheduled. An earlier version passed the House in March, 76-19.
Taft spokesman Mark Rickel offered no insight into whether the governor would support the revised measure. "It has not been a priority for the governor at this point."
Cities including Columbus have opposed having their gun laws pre-empted by the bill. Aslanides said a permit holder can't be expected to know hundreds of different gun laws.
But a spokesman for Columbus Mayor Michael B. Coleman has said the bill disrespects local control and "the ability of cities of any size to keep people safe."
Other expected changes to the bill:
* Eliminating a provision that would allow a person to get a gun permit if his or her criminal record had been expunged.
* Eliminating a provision that would allow an intoxicated permit holder to give his or her gun to someone else. Carrying a gun while drunk is a fifth-degree felony.
Thank God he'll be out of there soon.
The 10 day clock has begun to tick for him to do something with this by Dec. 16.