Some Are Unhappy, But Ohioans Get CCW Law
by Dave Workman
Senior Editor
It may be more than 90 days before Ohio residents begin legally packing concealed handguns, but it seemed to take less than 90 seconds for anti-gun rights advocates to complain that passage of the Buckeye State’s new concealed carry statute will make Ohioans less safe, especially children.
On the other side of the issue, proponents of concealed carry, who had fought for years to get a statute on the books, are not entirely happy with the bill that was passed. However, for people like Chad Baus with Ohioans for Concealed Carry (OFCC), passage of the measure is a “good first step.” He told Gun Week that adjustments to the statute are already being planned, and that much was confirmed to reporters by House Speaker Larry Householder (R-Glenford).
Householder told Gun Week that it was important to get a law on the books so that there would be a statute to work with. While he agreed that he would have preferred a much broader law, Householder noted that it took 10 or 11 years to reach this point.
“I think it’s important for us to have the law on the books so we can work to try to improve the law,” he explained. “That’s the only way we can go forward. If we are going to try to get the perfect bill before we can pass it, it’s going to take another 10 years.”
HB-12 passed 25-8 in the Senate and 69-24 in the House after many amendments. Gov. Bob Taft, whom critics said had run out of stalling maneuvers, quickly signed the legislation.
Dennis Walker, secretary for the pro-gun Peoples Rights Organization (PRO), insisted to Gun Week, as did sources in the legislature, that it appeared obvious Taft did not want this bill passed. Despite the governor’s subsequent claims that he is a supporter of the Second Amendment, Walker insisted Taft tried every roadblock he could to stall, and hopefully derail, the bill.
In the process, Walker asserted, the statute became “the worst concealed carry bill ever passed in the United States, other than in New York or California.”
Householder disagreed.
“I think that’s wrong,” the House speaker said, “In Ohio today because you don’t have the right to carry a concealed weapon, that is gun control. Anything off of that is (an improvement).”
Both Householder and Walker estimated it may be late June before Ohioans will be legally carrying. Walker contended that the number of places where concealed handguns are banned by the law makes it a very weak bill. Walker is also angry that The Cleveland Plain Dealer has already threatened to publish the names of concealed pistol license (CPL) recipients. He said this amounts to a serious privacy invasion.
Under the new law, Ohio residents age 21 and over must complete a criminal and mental competency background check, complete a 12-hour firearms course that includes a competency test, and pay a fee to secure a new concealed pistol license. Sheriff’s will be issuing the licenses, which are good for four years, and they may not use discretion to deny a license to someone who may meet the qualifications. Passage of the law makes Ohio the 37th state with a “shall-issue” statute and 47th in the nation with some form of concealed carry.
This did not please anti-gunners. The Brady Campaign to Prevent Gun Violence and “Million” Mom March gave Ohio a “D+” grade, claiming that the law will make children less safe. The same rhetoric came from Sen. Eric Fingerhut (D-Cleveland), an adamant anti-gunner. He called it a “tragic day for Ohio” when the bill passed Jan. 7, and insisted that Ohio residents would “be less safe.”
Lori O’Neill, president of the Cleveland Chapter of the “Million” Mom March, and Toby Hoover, executive director of the Ohio Coalition Against Gun Violence (OCAGV) both hinted at a referendum effort to repeal the law. Hoover was quoted by one newspaper, contending the new law will put families at risk. She also threatened to work against legislators who voted for the measure.
NRA-ILA
The National Rifle Association’s Insititute for legislative Action (NRA-ILA) disagreed. “The right-to-carry is a proven crime deterrent and will benefit all law-abiding Ohians,” said NRA-ILA Executive Director Chris Cox.
“On behalf of the NRA’s 4 million members, I would like to thank Gov. Taft for signing right-to-carry into law.” Cox also recognized the support of Aslanides, Householder and Senate President Doug White as well as all who voted for the measure.
“As always, the grassroots activism of thousands of NRA members was funadamental in achieving victory,” Cox added. Throughout the campaign to pass the bill and especially during the last-minute negotiations over amendments, NRA-ILA had urged its members in Ohio to back the bill.
Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms, called the anti-gunners’ claims “preposterous.”
“Extremist anti-gun rights groups like the OCAGV are terrified that Ohio citizens, police and even the media will learn how well concealed carry laws work,” Gottlieb stated. “It’s remarkable how quickly Hoover resorted to threats, not only about working against the sensible lawmakers who passed this measure, but also about a possible referendum campaign to repeal the law. Such childish nonsense didn’t work in Michigan, where many CCW opponents now admit they were wrong about the law. It won’t work in Ohio, either.”
Taft Roadblocks Fall
Taft had campaigned with a promise to support concealed carry, but he backed away from that position, insisting that he wanted law enforcement support for any bill he signed. The Buckeye Sheriff’s Association supported an original measure, but the Ohio State Highway Patrol opposed it with a demand that guns be locked in cars carrying young children, a situation that gun experts called patently unsafe. But that opposition gave Taft some cover to continue promising to veto any bill that emerged from the legislature.
However, late last year, the Highway Patrol dropped its opposition and adopted a neutral position on the bill. That left Taft with what some critics call a “fall back” defense, and that was to demand that the files on CPL recipients be open to the press. Even some in the news media did not like that, arguing that the files should be open to everyone.
“Every roadblock that he found, we were able to either diminish it or find a compromise for it,” said Rep. Jim Aslanides (R-Coshocton), sponsor of the bill and chairman of the conference committee.
Aslanides acknowledged that the final bill did not make everyone happy, but he told Gun Week that it was a five-year battle just to get any kind of bill passed.
“We’re very proud that we were able to get this done,” he said. “It’s still a good bill.”
He issued a stern warning to newspapers that abuse their access to the names of CPL holders.
“Why publish a list like that,” he questioned. “If they abuse that privilege, we’re going to keep a record of that. They’re trying to discredit someone for getting education.”
Backers of the original legislation compromised just to get the bill passed, leaving Taft with no other objection. Upon passage in conference committee on Jan. 7, Taft promised to sign the bill.
Not everyone in the gun rights community was pleased, though. OFCC President Jeff Garvas told reporters that he was not happy with the amendments. However, he conceded that a compromise was necessary to pass the bill.
Passage did not come without some media spin, even in news reports.
The Columbus Dispatch, for example, began its report by noting, “The legislative debate on concealed weapons ended yesterday with a whimper; the bang comes later.”
The Plain Dealer editorialized, “One of the longest and most contentious legislative debates in recent Ohio history has ended. Within the next 10 days, Ohioans can expect to be granted the right to secretly carry guns in public.
“This represents social progress only to those who hunger to carry a weapon whenever they step outside of their homes, or those fatigued by an inane debate that has stalled action on far more important concerns.”
However, The Cincinnati Enquirer took a more modest tone, calling the final bill “a sensible compromise.”
Reciprocity
Under the new statute, the Ohio attorney general shall negotiate and enter into reciprocity agreements with other CPL-issuing states, provided that those states have issuing requirements that are “substantially comparable” to the requirements in Ohio. This may lead to reciprocity with some neighboring states, but may leave licensees from other states, with different qualifications, out.
All records for those Ohio residents who qualify for a CPL will be destroyed within 20 days.
Baus told Gun Week that the law will most likely undergo amendment sometime in the future.
“The bottom line is that Ohioans are about to see that these laws work,” he commented, “to reduce crime and they are about to see that the ‘sky is falling/chicken little’ type warnings from anti-gunners don’t happen.”
He said concealed carry laws work elsewhere, “and people here will not see any change in their daily lives.”
Baus said OFCC will not only be working to improve the law, but will also become actively involved in training efforts.
“We’re obviously going to be moving into the training area to help train these people,” he said. “The more people who carry, the more of a deterrent that’s going to be.”
Information on where training classes are available will be posted soon on-line at OFCC’s website: www.OhioCCW.org.
On the day the bill passed, he estimated that OFCC’s website got thousands of hits.
The law includes some prohibitions. Licensed citizens may not carry in law enforcement facilities, airport passenger terminals, state prisons or mental institutions, school safety zones, courthouses, public buildings where liquor is served, places of worship, or university or college campuses. They are also prohibited from carrying in state government buildings and anywhere state or federal law already consider off-limits.
Armed motorists must carry their holstered handguns so that they are visible to law enforcement, or lock them in a case or the glove compartment. When they exit their vehicles, they must put on a jacket or other covering garment to conceal the handgun. PRO’s Walker said this is only one of the more ludicrous aspects of the law. He suggested that the law has been “so watered down” that it might have been better had it not passed.
Private property owners may also post their property off limits to concealed handguns.
Walker acknowledged that there are already promises to amend the law, but he does not expect any such changes will occur “while Taft is still in office.” The governor has three more years on his term. Ohio has term limits and he cannot run again.
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