Legislators treated to packed house for first HB347 proponent hearing

Proponent testimony was heard today for HB347, a concealed carry “fix it” bill and general improvement of Ohio firearms laws. The purpose of today’s hearing was to solicit comments from organizations and individuals who support the bill.

The hearing room was packed. All 60 chairs were filled, with 20 people standing and another dozen standing in the hall before 2:30 when Chairman Latta called the meeting to order. The room was still overflowing an hour and a half later when other bills had been heard. It was clear the crowd was there to listen, and testify about the gun bill.

The large turnout is a testament to the people and organizations fighting to restore the rights of law abiding citizens in Ohio. In addition to Buckeye Firearms Association, the National Rifle Association (NRA), Peoples Rights Organization (PRO), and Ohioans for Concealed Carry (OFCC) were there with their supporters. Together we made a great showing.

Click read more for further details and a copy of Buckeye Firearms testimony.

Chairman Latta did an excellent job in handling the large numbers who came to speak on HB347. He gave everyone a chance to speak before any questions were asked. The down-side was that no questions were asked, the up-side was the committee had the chance to hear and consider everyone’s testimony, and concluded in a reasonable time.

Sixteen people spoke in support of the bill, and another six submitted written testimony. Jeff Garvas and Bryan Torok spoke for OFCC, Terence Regan spoke for PRO and Jim Irvine spoke for Buckeye Firearms Association. Testimony was also given by a wide range of individuals on many subjects.

The two most talked about subjects were media access and vehicle carry. Other popular topics included victim zones (so called “gun free” zones), restricting licensees to U.S. citizens, and application issues.

Stories on media abuse were many and varied. Some discussed general principle, some personal problems ranging from prank phone calls to slashed tires to ex-convicts contacting a prison guard. There was a horrifying tale of media harassment after a self defense shooting following a rain of bullets into the victim's home. The consensus is the media has certainly done harm, and apparently no good has come from the printing of licensee information. We are all in agreement that their special treatment must change.

There were many personal stories about “plain sight” and “on your person” problems while carrying in a motor vehicle. Linda Walker, a Realtor and Buckeye Firearms Association Region Leader, explained the many problems of transporting strangers in your car while complying with “plain sight” and the unique problems women face because they can’t carry in their purse while in their car. Everyone who has tried to comply with these silly restrictions will be glad to know that today’s speakers let the committee know that our current car carry law is unreasonable.

A British immigrant gave interesting testimony about restricting CHL’s to U.S. citizens. It seems the road to citizenship can be long, and one must prove to INS that you are law abiding to obtain the status of permanent legal resident.

Many people asked the committee to remove some of the victim zones. State owned buildings seemed to get the most attention, as it applies to rest areas and many bathrooms. Class D establishments were also a popular topic.

Attorney Ken Hanson recounted some of the many legal problems he has been contacted with regarding Ohio’s gun laws. Problems ranged from CHL applications to vehicle carry to media access to local gun bans. His experience both as a prosecutor and a defense attorney allows him a unique perspective of how laws are actually applied, which can be quite different depending on circumstances surrounding the alleged crime. A good law abiding citizen can easily find himself into a lot of trouble. I strongly recommend that you refresh your understanding of Ohio law by rereading the Attorney General’s book, “Ohio’s Concealed Carry Law” Ken Hanson’s “The Ohio Guide to Firearms Laws” and your notes from your certification class.

Gun owners presented a well rounded group of people to address the many facets of concealed carry, and certainly gave the committee interesting information to consider. Chairman Latta and Representative Bubp complemented us for our patience and understanding working through a long day, and thanked us for our professionalism. It was a proud day for CHL holders.

To follow is the testimony provided by Buckeye Firearms. Today, we focused strictly on media access issues. Because of the time constraints of hearings, it is not possible to delve into great detail on every important subject. Be assured that we are fully addressing each issue as we continue to work toward improving Ohio’s firearms laws.

January 10, 2006

Good afternoon Chairman Latta and Representatives. My name is Jim Irvine, I am the Chairman of Buckeye Firearms Association, speaking today in support of HB 347.

It’s great to stand in front of you today, knowing that two years of concealed carry in Ohio have proven that those who testified for concealed carry were correct, and those who testified against it were wrong. I think that is important to keep in mind as we begin the debate on reforming a successful law.

Current law does have several problems, and this bill does an excellent job addressing those. I’m going to focus only on the issue of media access to licensee information.

Current law forbids any de facto means of registration of handguns. While it was necessary for the state to keep a list of license holders, it was never intended for media to compile a database of gun owners, yet that is exactly what they are doing. According to the Delaware Gazette, the Ohio Newspaper Association advised papers throughout the state to compile a database of gun owners using concealed handgun license holder (CHL) lists.

The media are acting as a de facto registrar, with no oversight nor accountability, or even guidelines. Their lists are searchable via the World Wide Web but are not necessarily accurate. They do not delete a name from their database when a person dies, moves out of state, or turns in their license because of problems arising from having their private information disclosed by the media. Because the media does not and cannot track whom they hand this personal information to, it is impossible to “prove” cause and effect or chain of custody of information leading to real damage.

My deed, mortgage, tax records, and other information are available online, but you cannot find this information by doing a simple “Google” search. Because the media insists in putting CHL information in text instead of data files like the official county registrars do, it is “searchable” unlike other personal information. They have no liability for bad or damaging information.

Cleveland.com, the Internet site for the Cleveland Plain Dealer was made aware that their CHL list was searchable via the World Wide Web and agreed to correct the situation, which they partially did. But later it was identified that the fix was no longer in place. When questioned, they claimed it was a mistake and again “fixed” the problem. There is no remedy available to persons harmed by their “mistake.” It should also be noted that even though the lists they have published are slightly less searchable via Internet search engines, they continue to publish this information on a regular basis on their website. No other media has helped in any way, and even the Cleveland.com “fix” is inadequate.

There are individuals who will be fired, or create huge problems for family members if they obtain a CHL. The only way unwanted persons can gain access to this information is through the lists published by the media. As Ohio is an “at will” employment state, this is a real problem. Toby Hoover of OCAGV has advocated media printing lists so employers do not hire people with a CHL.

News media makes available personal information on a prison guard with a CHL that is still easily searchable online, even while Governor Taft and the state of Ohio continue to move toward protecting ex-convict information. Shortly after HB 12 became law, Governor Taft ordered prison officials to remove names, photos and descriptions of crimes committed by former inmates from the State’s website. Just recently Ohio's Correctional Institution Inspection Committee recommended further restricting access to inmate information and the Ohio Newspaper Association has been quoted as willing to accept a compromise on information released. It is unfortunate that so much attention is being given to privacy protection for convicted criminals while law-abiding CHL holders are not given the same courtesy, especially when you have testimony before you from a prison guard who was contacted by an ex-prisoner because the media provided the guard’s information to the convict! The only reason we can prove cause and effect on this case is because the convict explained it to the guard instead of using it to kill him.

Last week at the Las Vegas Electronics show, Google announced that Motorola phones will soon be able to do web searches, bragging, “Access to information is imperative to people on the go.” With the ever increasing speed of technological advancement, the problem is going to get worse.

For all the names they have accessed, printed and posted online, the media has yet to do anything resembling any measurable public good with the information.

While the best solution would be removing all media access to personal information, and requiring the purging of all licensee databases, this bill will at least allow those victims of sexual assault, domestic violence, and others who are at risk to sign affidavits that would protect their information. This is a crucial part of this bill and must remain intact.

Thank you for listening. If you have any questions, I will try to answer them.

Jim Irvine