The OSU Lantern: Concealed handgun bill under heavy fire

Lawmakers divided over proposed law's loopholes

By Amy Aldridge

After a long, drawn-out battle between the Ohio House of Representatives and the Senate, progress is being made toward a final agreement on the issue of concealed handguns.

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The Senate passed a substitute version of the House bill earlier this month. The House did not concur with some of the changes they made. A conference committee consisting of three members from the House and three from the Senate has been formed to address these issues.

"Everybody finally agreed - the governor's office, the House and the Senate - that there are in fact problems with the bill that need addressed," said Rep. Jim Aslanides, who originally introduced the bill. "As chairman of this committee, I am going to suggest that we identify the two main problem areas and don't deal with anything else."

The first problem amendment the House does not agree with is the removal of the affirmative defense provision.

"It is the legal defense all Ohioans now have for carrying a concealed weapon," Aslanides said. "Cases like this are where people have large sums of money on them, if they are social elite or if they can prove they were threatened. This is a current right every citizen has."

Aslanides said the Ohio Highway Patrol insists this provision should be removed as it applies to carrying concealed weapons in motor vehicles. He said the House sees a problem with the lack of protection some people may encounter for a certain time period.

"If you want to get a permit to carry a concealed weapon, this bill provides at least a 45-day waiting period. Then there is a training and education requirement. This means it may take more than six months for some people to get a permit," Aslanides said. "If we remove affirmative defense, there will be a time period where they can't defend themselves."

Col. Paul McClellan, superintendent of the highway patrol, said in a press release that he felt this created a loophole for criminals who carry loaded guns in their automobiles.

"The Senate version closed this loophole by allowing qualified permit holders to carry loaded handguns in motor vehicles while imposing serious penalties for criminals who are caught with loaded guns in motor vehicles," McClellan said.

The second problem area deals with the actual concealment of a weapon in the car.

McClellan said the Senate version requires permit holders who carry loaded handguns to secure the handgun in a locked compartment or in plain sight of an officer when they are conducting a traffic stop.

"Law enforcement as a group does not agree on the provision of what to do with weapons while in the car," Aslanides said. "Most law enforcers don't like this provision because it makes it accessible to others in the car who aren't educated or trained or permitted to use the gun."

Michael Weinman, legislative liaison for the Columbus Division of Police, said it does not hold an official position on this bill.

"When we pull cars over or answer a domestic dispute call, we'll have to be cautious," Weinman said. "Normally we do pat-downs in these hairy situations and we'll have to find out, if we come across a gun and the guy says he has a permit for it, do we still take it from him until we are done or do we have to stand and stare at his hands the whole time?"

University Police Chief Ron Michalec said OSU police officers will continue to follow the same safety procedures.

"There are certain provisions in the bill excluding carrying weapons on an educational institution's property," Michalec said. "That is a light at the end of the tunnel for us."

He said OSU officers will deal with firearms the same as if they were legal or not.

"This might make it more difficult," Michalec said. "They will have to take the same precautions but also know the law and know when they can make an arrest or not."

Sen. Marc Dann is a member of the conference committee. He said he is hopeful the committee will get through the issues and move on.

Once the committee develops a substitute bill, Dann said it will go back to the House and the Senate to be voted on, but no more amendments will be allowed. If it is passed, the bill will then go to the governor's office to be signed, not signed or vetoed.

At this point no plans have been made for the conference committee to meet.

"We have come a long way to appease law enforcement," Aslanides said. "In the past the Senate has said, 'This bill is perfect.' It is clear it's not perfect. There are loopholes that need to be closed."