Ohio Gun Rights Timeline - A Journey Towards Freedom

by Joe Eaton & Chad D. Baus

7:00am Monday, April 07, 2014

As law-abiding citizens celebrate the tenth anniversary of Ohio's concealed handgun licensure law, we thought it would be helpful to document the Buckeye State's more than 225 year-history of gun rights, with specific focus on efforts to restore the rights all Ohioans once enjoyed. Despite much progress, the fight is far from over!

1788

July

The first Ohio law to establish and regulate a militia is published in Marietta. It mandates all men between 16 and 50 perform military duty. They are required to arm themselves with a musket and bayonet, a cartridge box, powder horn, one pound of powder and four pounds of lead. They also are ordered to drill every Sunday.

November

Fines are implemented for those who fail to meet the militia requirements. For example, a soldier with no musket and bayonet has to pay 50 cents. Those who fail to show up for drill are fined 25 cents. Refusing guard duty costs them $1. And failure to serve in case of invasion means a court-martial.

1791

Lawmakers change the day of the weekly militia drills to Saturday. Those who drill don't have to go to church on Sunday. But those who attend church services - with their guns - are exempt from drill.

1802

Ohio's first state Constitution is adopted, and includes the following: "That the people have a right to bear arms for the defence of themselves and the State; and as standing armies, in time of peace, are dangerous to liberty, they shall not be kept up, and that the military shall be kept under strict subordination to the civil power." (Art. VIII, § 20.)

1851

Ohio's state Constitution is amended, and the right to bear arms is restated as follows: "The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power." (Art. I, § 4)

1859

A law banning the carrying of concealed weapons is adopted by state legislators.

1974

January

Ohio's long-held ban on concealed carry is modified to provide an affirmative defense to the charge of concealed carry if they could prove circumstances such as would justify a prudent person in going armed. (ORC 2923.12)

1993

Arnold v. Cleveland - Republican-dominated Ohio Supreme Court reverses lower court ruling, upholds local gun bans.

1995

S.B. 68, a "may issue" concealed carry bill sponsored by Sen. Joseph Vukovich (D), is passed by the Ohio Senate with a veto-proof margin. Opposition from Ohio House Speaker Jo Ann Davidson (R) and then Gov. George Voinovich (R) kills the bill. At least two "shall issue" concealed carry bills in the Ohio House are also not allowed to advance.

1997

Rep. Joy Padget (R) introduces H.B. 504 - a "shall issue" concealed handgun licensure bill. Opposition from Ohio House Speaker Jo Ann Davidson (R) and then Gov. George Voinovich (R) kills the bill.

1999

February

Rep. Joy Padget (R) introduces H.B. 165 - a "shall issue" concealed handgun licensure bill. Opposition from Ohio House Speaker Jo Ann Davidson (R) and then Gov. Bob Taft (R) kills the bill.

May

Ohioans for Concealed Carry Inc. is formed. Petition drive is started and thousands upon thousands of signatures are collected supporting concealed carry in Ohio.

September

Pat Feely is arrested in Cincinnati for violating Ohio's ban on concealed carry, and, after consultation with Cincinnati resident Chuck Klein, agrees to become a test case to challenge the consitutionality of Ohio's ban on concealed carry.

2000

May

Feely is found 'Not Guilty' in Hamilton County Court.

July

Klein v. Leis is filed in Hamilton County with Feely as one of the plaintiffs. The suit challenges the constitutionality of Ohio's ban on concealed carry.

2001

May

Rep. Jim Aslanides (R) introduces H.B. 274 - a "shall issue" concealed handgun licensure Bill.

December

Klein v. Leis goes to trial in Hamilton County before Judge Robert Ruehlman.

2002

January

Judge Ruehlman declares Ohio's ban on concealed carry to be unconstitutional, and issues an injunction. Concealed carry is momentarily legal in Hamilton County.

March

Ohio House passes H.B. 274.

April

Ohio First District Court upholds trial court ruling in Klein v. Leis. Concealed carry is momentarily legal in Ohio First District.

September

OFCC PAC is formed by Jim Irvine and Chad Baus.
Ohio Supreme Court agrees to hear Klein v Leis.

December

Gov. Bob Taft (R) adds new conditions for H.B. 274 to have his support.
Ohio Senate passes H.B. 274 with many of Gov. Taft's new restrictions in place but lacking one of his egregious 'poison pill' requirements.
Ohio House does not return to vote on concurrence with Senate amendments, and H.B. 274 dies at end of session.

2003

January

Rep. Jim Aslanides (R) introduces H.B. 12 – a concealed handgun licensure Bill

March

Ohio House passes H.B. 12 with a veto-proof majority.

June

Gov. Taft announces that he will only sign the legislation if it is amended to include language forcing license-holders to lock up their firearms in their motor vehicles if minor-aged persons are present.
Ohio Senate passes Amended H.B. 12 with a veto-proof majority after inserting Taft's 'Car-jacker Protection' poison-pill language.
Ohio House does not concur with additional Senate restrictions.

September

Republican-dominated Ohio Supreme Court reverses lower court rulings, upholds Ohio's ban on CCW in Klein vs Leis.
Open Carry 'Defense Walks' bring media attention to the Ohio gun rights battle, presenting a "visual display" of the choice facing legislators and citizens - open carry, or concealed carry.

October

Open Carry 'Defense Walks' continue, including a march in the hometown of Senate President Doug White (R).
After months of delay, Sen. White assigns conferees to a committee that will seek to work out a compromise bill that will meet the approval of Gov. Taft.

November

H.B. 12 conference committee begins meeting.
Gov. Taft moves the goal posts, saying he will veto H.B. 12 unless it is modified to contain Media Access to Concealed Handgun License loophole language.
Open Carry 'Defense Walks' continue, including separate marches at the Ohio Statehouse and Governor's mansion.

December

Open Carry 'Defense Walks' continue.
House and Senate conferees approve compromise language, and an amended H.B. 12 that includes ability for journalists to access individual records of license-holders and that is no longer opposed by the law enforcement groups Gov. Taft has long-been hiding behind is passed in both chambers.
Gov. Taft immediately threatens a veto, saying the Media Access Loophole language he supports would allow the media ability to access to entire lists of license-holders.
House Speaker Larry Householder (R) says he has the votes to override a Taft veto. Senate President White first says he does as well, then waffles, then admits he hasn't polled his members.

2004

January

The House and Senate amend H.B. 12 to include Taft's Media Access Loophole language and send the bill to his desk.
H.B. 12 is signed by Gov. Taft. Ohio becomes the 46th state to legalize concealed carry. Ohio's requirements are the most restrictive of any in the nation.

March

Cuyahoga Co. Sheriff Gerald McFaul announces he will not begin accepting concealed handgun license applications on April 8, as per his '"duty under the law."

April

Ohio sheriffs begin accepting concealed handgun license applications and issuing licenses.
Irvine v McFaul is filed to force Ohio sheriffs to comply with new CCW laws.
Lee v Karnes is filed to force Ohio sheriffs to comply with new CCW laws.

2005

July

OFCC PAC changes focus and name to Buckeye Firearms Association PAC.

September

Rep. Aslanides introduces H.B. 347 (Sweeping Firearms Law Reform Bill) to clean up many of the most egregious Taft poison pills added to ensure passage of H.B.12, including the "plain sight" motor vehicle carry requirement. Local gun control laws would also be preempted.

2006

January

Gov Taft signs H.B. 367 protecting sportsmen dollars from entering the general fund.

February

Gov Taft signs H.B. 296 (Apprentice Hunting License).

March

H.B. 347 (Sweeping Firearms Law Reform Bill) passes Ohio House with veto-proof majority.
Rep. Brinkman amends H.B. 9 to modify the Taft Media Access Loophole to better protect CHL holders private data.

November

H.B. 347 (Sweeping Firearms Law Reform Bill) passes Ohio Senate with a veto-proof majority and is sent to Gov. Taft.

December

Gov. Taft vetos H.B. 347 (Sweeping Firearms Law Reform Bill), seeking to thwart efforts to remove poison pills he forced into the law in 2004.
Three hours after his veto, the Ohio House votes to override. The Senate follows suit days later, overriding Gov Taft's veto (first override in more than three decades). H.B. 347 becomes law.
Gov Taft signs H.B. 9, which includes language that essentially closes the Media Access Loophole he forced into the 2004 concealed carry law.

2007

March

City of Cleveland sues to challenge the constitutionality of preemption of local gun control laws language contained in H.B. 347.

June

S.B. 184/H.B. 264 (Castle Doctrine) introduced. In addition to restoring the presumption that one is acting in self defense in one's own residence or vehicle via 'Castle Doctrine' language, the bill also seeks to reform many other of the problems with the original 2004 law as well as to improve Ohio law for all gun owners and all property owners. Proposed changes include allowing CHL-holders to carry in a glove box or vehicle console, allowing CHL-holders to enter a school zone (when picking up or dropping off a child), retail facilities that sell alcohol off-premises, as well as in government-owned rest areas, parking garages and bathroom facilities, improving the definition of a loaded gun, and much more.

2008

January

Rep. Bruce Goodwin (R) introduces H.B. 450, which is intended to restore gun rights to members of the armed services or the Ohio National Guard who are between the ages of 18 and 21.

February

Buckeye Firearms Foundation files brief in the U.S. Supreme Court case D.C. v Heller.
Rep. Peter Ujvagi's (D) H.B. 273, which seeks to create mobility-impaired access lanes on various public hunting lands of the Ohio Division of Wildlife, is amended into S.B. 209, an omnibus fiscal bill.

March

Ohio Senate passes S.B. 184 (Castle Doctrine) unanimously.
Ohio Senate passes S.B. 209, which includes language from Rep. Ujvagi's H.B. 273.

April

Gov. Ted Strickland (D) signs S.B. 209 into law, creating access to public hunting grounds for mobility-impaired hunters.

May

H.B. 450 passes Ohio House.
S.B. 184 (Castle Doctrine) passes Ohio House and is sent to Gov. Strickland for his signature.

June

S.B. 184 signed by Gov. Strickland. NRA heralds the bill as the most sweeping gun rights legislation to pass in the last ten years anywhere in the country.
U. S. Supreme Court rules, in D.C. v. Heller, the right to bear arms is an individual right, not a collective or state right.

September

Ohio Supreme Court upholds preemption in Ohio law in Ohioans For Concealed Carry Inc v Clyde.

December

Ohio Senate passes H.B. 450 (Armed Services 18-21 gun rights restoration) and sends it to Gov. Strickland for his signature.
Gov. Strickland signs H.B.450 (Armed Services 18-21 gun rights restoration) into law.

2009

February

Buckeye Firearms Foundation sues City of Cleveland to stop enforcement of unconstitutional gun laws. The case is put on hold while the courts continue consideration of Cleveland's challenge to the state's preemption law.

March

Sens. Shannon Jones (R) and Tim Schaffer (R) introduce S.B.239 (Restaurant Carry) and S.B. 247 (Restoration of Rights).

June

Ohio Attorney General Richard Cordray (D) files Motion to Intervene in Buckeye Firearms Foundation v. Cleveland in order to "defend this state [preemption] law."

July

Budget bill restructures fees sheriffs charge for new and renewed CHLs and corrects en-bloc/stripper clip mistake in definition of loaded firearm fixes contained in S.B. 184.

November

Buckeye Firearms Foundation and USCCA file brief in McDonald v. Chicago U.S. Supreme Court case.
In City of Cleveland's suit challenging the constitutionality of preemption, an appellate court rules Ohio preemption law unconstitutional. Buckeye Firearms Association Legislative Chair Ken Hanson immediately predicts "The Supreme Court will reverse whatever reasoning they dreamed up."

2010

May

Ohio Senate passes S.B. 239 (Restaurant & Car Carry Rules Fix) and S.B. 247 (Restoration of Rights).

June

House Speaker Armond Budish (D) fails to schedule a vote on S.B.s 239/247 before summer recess.

September

Gov. Strickland calls on Speaker Budish to pass S.B.s 239/247 in campaign letter.

October

Ohio Supreme Court hears City of Cleveland continued enforcement of gun control laws that are preempted by state law.

December

Rep. Dabby Bubp (R) leads historic discharge petition effort to force Speaker Budish to hold a vote on S.B. 239 and S.B. 247.
S.B.s 239/247 die at end of session when Speaker Budish fails to schedule a day of session for a vote to be held.
Republican-dominated Ohio Supreme Court sides with gun owners, upholds Ohio's preemption law.

2011

February

S.B.17 (Restaurant & Car Carry Rules Fix) & H.B. 54 (Restoration of Rights) bills reintroduced.

April

Ohio Senate passes S.B. 17 (Restaurant & Car Carry Rules Fix) and S.B. 61 (Restoration of Rights).

May

Ohio House passes HB45 (Restaurant & Car Carry Rules Fix) and HB54 (Restoration of Rights).
Court orders Cleveland to stop enforcing local gun control in successful conclusion to Buckeye Firearms Foundation v. Cleveland.

June

Ohio House & Senate hold vote for final passage of S.B. 17 (Restaurant & Car Carry Rules Fix) and H.B. 54 (Restoration of Rights) and send to Gov. John Kasich (R) for his signature.
Gov. Kasich signs S.B. 17 (Restaurant & Car Carry Rules Fix) and H. B. 54 (Restoration of Rights) bills into law.

2012

March

Rep. Terry Johnson (R) introduces H.B. 495 (Reciprocity & Concealed Carry Modernization) which would seek to remove more Taft poison pills, including eliminating the "demonstrated competency" requirement for 2nd and future CHL renewals (making CHL training similar to a hunting license), modifying the law to automatically honor other states licenses (similar to a driver's license), and fixing the definition of a "loaded gun."

June

Ohio House passes H.B. 495 (Reciprocity & Concealed Carry Modernization).

December

Ohio Senate passes amended H.B. 495 after Republican leadership amends it to remove the automatic reciprocity language. The House concurs with the change and the bill is sent to Gov. Kasich for his signature.
Gov. Kasich signs H.B. 495 (Concealed Carry Modernization).

2013

June

Rep. Terry Johnson (R) introduces H.B. 203, which will remove more Taft poison pills from the law, including removing the mandate that a CHL class must be 12 hours in length, and (again) seeking to modify the law to automatically honor other states licenses (similar to a driver's license). The bill would also strengthen the background checks required to obtain an Ohio CHL, update the requirements and disqualifications to obtain an CHL by harmonizing Ohio law with federal law, and modify the state's self-defense law to eliminate the "duty to retreat."

July