Has ridiculous ''plain sight'' provision claimed first victim?

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When the Ohio State Highway Patrol (OSHP) first began lobbying that CHL-holders be required to carry their firearms in "plain sight" in motor vehicles, we warned that this language was extremely unsafe, because it requires far too much handling of firearms.

In testimony supporting House Bill 12, which was under consideration by the Senate Committee on Criminal Justice in May 2003, Gahanna Police Chief Dennis Murphy stated that the OSHP's desire to disallow license-holders from carrying in a car "doesn't pass the common-sense test", because requiring anyone, even an officer, to handle a firearm everytime to enter and exit their car is unsafe. He pointed out that officers avoid handling their firearms, except to place on in the morning, and take off an night.

Last fall, the Buckeye State Sheriffs Association (BSSA) called OSHP Superintendent Paul McClellan and the OSHP to the negotiating table, to inform him that the language he was endorsing - the language he claims improves officer safety - is entirely UNSAFE. The Ohio Fraternal Order of Police (FOP) also agreed to attend the meeting, and agreed with the Sheriffs about the OSHP's "plain sight" proposal. But as OFCC reported exclusively on September 25, 2003, the OSHP backed out of the Law Enforcement Summit at the last minute. (see "A.W.O.L." story link below)

The Ohio Law Enforcement Summit meeting DID occur, and was attended by Ohio's two largest and most powerful law enforcement agencies in our state. Both the BSSA and FOP conferred as follows:

• Making citizens repeatedly handle, holster and unholster a loaded firearm is **UNSAFE**. These unsafe practices are now mandated by Ohio law as a result of two OSHP/Taft-sponsored Senate amendments.

---> BSSA representatives offered the position that Gov. Taft's lockbox, or carjacker protection, provision should be removed, noting that they would prefer "that a license-holder retain the possession of the firearm on their person." The FOP agreed it would not oppose the removal of the lockbox provision in a conference committee.

Unfortunately, Gov. Bob Taft insisted on the OSHP's "plain sight" language, and because a few Republican Senators refused to commit to overriding his veto, "plain sight" is now law.

In the past, OSHP Spt. McClellan has made several outrageous and easily disprovable statements, such as:

"There is no statistical or anecdotal evidence which supports that concealment and transportation of a weapon in a motor vehicle is effective or safe as a defensive or deterrent measure."

and

"In fact, no legitimate organization has made empirically-based claims of cause and effect between lower crime rates and concealed weapon legislation."

Perhaps it is this statement that has had the most serious of consequences:

"Because the fundamental nature of motor vehicles allows those who feel threatened to simply drive away, the argument that motorists need loaded concealed weapons is weak."

The absurdity of this claim was proven yet again in a Dayton-area murder yesterday.

In 2003, McClellan stated:

"We hope that officer safety is placed at the forefront of future CCW debates."

Unfortunately, McClellan seems largely unconcerned with citizen safety.

We may never know if "plain sight" provision contributed to this accident. But as Chief Murphy, the BSSA and the FOP declared last year, we DO know that it contributes to a great deal of increased risk, and should be removed from the law.

Related Stories:
A.W.O.L.: OSHP bureaucrats back out of Ohio Law Enforcement Summit

Ohio State Highway Patrol Bureaucrat: Can You Hear Me Now?

ATTN: What Senate leaders, Bob Taft and OSHP bureaucrats don't want you to know