Author of "The Traveler's Guide to the Firearm Laws of the Fifty States" testifies on Restaurant & Car Carry Rules Fix bill

by Chad D. Baus & Jim Irvine

At the invitation of Buckeye Firearms Association, attorney Scott Kappas, author of "The Traveler's Guide to the Firearm Laws of the Fifty States," traveled to Ohio on Tuesday to deliver testimony before the House Committee on State Government and Elections, which is considering Restaurant & Car Carry Rules Fix legislation (HB45).

Kappas is perhaps the most knowledgeable person in the country when it comes to the firearms laws of the various states, and he offered a comparative analysis of the current state of Ohio's gun laws in the two areas to members of the committee.

His testimony follows:

My name is Scott Kappas. I am an attorney from the commonwealth of Kentucky. For the past 15 years, I have published a book entitled "The Traveler's Guide to the Firearm Laws of the 50 states." The book is updated once a year and sold nationwide. It summarizes the firearm laws for each of the states with a particular emphasis on the carry laws that most directly affect the traveler. The book is currently used by the National Football League, the National Basketball Association, the National Hockey League and the National Park Service as an official reference guide.

The purpose of my testimony is to provide a comparative analysis of the current state of Ohio's gun laws in the two areas this committee is considering for change.

Vehicle carry of handguns by recognized permittees.
Ohio has the most restrictive laws for vehicle carry of handguns by persons possessing recognized permits. Only two other states regulate a handgun’s position in a vehicle when carried by a person possessing a recognized permit. Washington requires that all permittees keep their handguns on their persons. And Massachusetts requires that a permittee "maintain control" of the handgun while in a motor vehicle. Both restrictions are simple license violations and result, at worst, in the issuing of a ticket if a permittee fails to comply.

Ohio requires permittees to follow a multitude of positional restrictions that can result in arrest and prosecution for failure to comply. Ironically, my home state of Kentucky, along with at least 20 other states, allows anyone, permittee or non-permittee, to possess a loaded handgun in a vehicle. We can have a loaded handgun on our dash, on the seat next to us or even hidden in the glove compartment. Non-permittees essentially have more rights in Kentucky than permittees do in Ohio.

Carry in restaurants that serve alcohol.
Ohio is one of only 8 states that prohibit all firearms carry in establishments that sell alcohol for on-premises consumption. (Illinois, Louisiana, Montana, North Carolina, North Dakota, South Carolina and Wisconsin) This category has been dwindling steadily over the past 5 years as more states legalize some sort of carry in establishments that serve alcohol. Most recently Virginia, Tennessee and Arizona allowed permittes to carry in alcohol serving establishments. And pundits in Louisiana predict that the “Sportsman’s paradise” will soon follow suit.

States such as Kentucky and Michigan allow carry in restaurants that serve alcohol, but not in bars. Indiana allows carry in bars and restaurants as does West Virginia and Pennsylvania. Surprisingly, some of this nation's most restrictive states for gun regulation such as Massachusetts, California and New York allow their permittees to carry in any establishment where alcohol is sold. Ohio's current restrictions are casting the state into a very small minority whose number is diminishing yearly.

In closing, I would point out that Ohio's gun laws, while a marked improvement from 10 years ago, are still akin to walking a legal tightrope. Minor carry violations can result in felony charges unless one is extremely mindful of legal nuances. An otherwise law-abiding, gun-carrying citizen can find himself in a heap of trouble for going a few miles over the speed limit on his way to the grocery.

Buckeye Firearms Association is thankful for Mr. Kappas' willingness to travel to Ohio and address the members of the committee, as they have recently been subjected to misleading or erroneous testimony on these subjects from opponents at the Ohio Association of Chiefs of Police, the Fraternal Order of Police of Ohio, the Ohio Prosecuting Attorneys Association, the National Council of Jewish Women and the Ohio Coalition Against Gun Violence (see here and here).

The opposition to this legislation (both in this and in the previous session of the General Assembly) has been loud, but the arguments are painfully misleading. While void of factual information, they are the exact same 'blood in the streets' type of arguments that we heard in the years leading up to concealed carry becoming law in Ohio. One can understand the concerns that Christopher Columbus would 'fall off the edge of the earth' in the 1480's. From today's perspective, we know that is a laughable notion. Likewise, we know that the emotion-based lies of the anti-freedom cry babies to be as baseless as the predictions of Columbus' 'flat earth' detractors."

Ohio prides itself on being a good destination for tourism. As summer approaches we will welcome visitors from many other states who come to Ohio for fun, entertainment and relaxation. These visitors find our laws confusing because no one (except possibly Bob Taft) ever thought these restrictions made any sense in the first place. Both Ohio residents and our visitors deserve better.

After five hearings in the House, this legislation has had more than enough consideration. In the last session, the House held hearings on similar legislation, and after the Senate passed legislation identical to HB45, the House tried to force a vote on the bill at the eleventh hour by voting for a discharge petition. Clearly there is support for this long over-due legislation without any restrictive amendments, and it is time for the Republican leadership to bring it to a vote.

Contact your Representative NOW and make it clear you want our bills passed with no amendments and no more waiting. This is URGENT. Two bills hang in the balance!

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Jim Irvine is the Buckeye Firearms Association Chairman. Chad D. Baus is the Buckeye Firearms Association Vice Chairman.