OFCC submits opposition detail to House conference committee members

The following was submitted as a cover letter to House members of the Conference Committee on Am. Sub. HB12, by request, and details our principle points of opposition to Am. Sub. HB12. Accompanying this letter was a line by line commentary on the Senate's changes. Anyone who is contemplating the merits of "taking what we can get" with Am. Sub. HB12 should read this!

Serious Problems With Substitute House Bill As Passed By The Ohio Senate

In an effort to focus debate on the actual provisions in Am. Sub. HB12, OFCC volunteers reviewed and compared the legislation as it left the House and Senate, as well as the current law.

Ohioans For Concealed Carry opposed HB274 as passed by Ohio Senate in December of 2002, and we conclude that HB12 as passed by the Ohio Senate in June 2003 is even worse than the December 2002 legislation. We oppose House Bill 12 as passed by the Ohio Senate, for many reasons.

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Not only does Substitute HB 12 as passed by the Senate eliminate existing affirmative defenses it also makes existing misdemeanors into felonies.

Passing terrible legislation is worse than passing absolutely nothing at all, and House Bill 12 as passed by the Senate is so bad that it cannot fairly be called a concealed carry reform bill.

Even a cursory review of the Senate language reveals numerous changes made without regard to their impact on existing statutes or other sections of the legislation. Various changes made by the Senate either contradict or invalidate language adopted by the Ohio House. Yet those contradictory sections are still included in HB 12 as passed by the Senate.

A perfect example of this is the peaceable journey language adopted by the House in committee. The Senate added numerous exclusions including one that basically invalidates the carry permit on school premises – this contradicts the provision for a peaceable journey in a school safety zone rather than deleting it. The House version was in accord with existing Federal Law.

The Ohio Senate adopted provisions so severe that persons who get licenses will have difficulty complying. Did they intentionally create a bill that would cause numerous people to be arrested? For instance, in numerous sections the “knowingly” standard has been changed to “recklessly”, which is a lower standard. The Senate made these changes to existing laws as well as to the carefully crafted HB 12 that the House passed.

Further, the size of print used on posters and in brochures is defined, but standard language and character size are not specified for the signage that HB12 allowed on private property. We highly suggest a minimum of one-inch letters, or a standard that reflects the requirements of roadway signs in terms of parking lot signage. A small sign, combined with the lack of an actual warning, appears to be an intentional trap for the unwary.

If House Bill 12 is enacted with the requirement that a licensee must carry a firearm “openly” in a car while in possession of a “concealed” firearm license, we oppose the legislation. Ohioans regularly wear coats and shouldn’t be forced to reveal a holstered firearm whenever they ride in their own vehicles. This provision makes it virtually impossible for someone to carry concealed without being charged with inducing panic or disorderly conduct.

The Senate requires licensees to transport your firearm differently in the presence of a child, even in the licensee’s own vehicle. Even if that age is changed from 18 to 16, we strongly oppose HB12. If you can walk with your children and a handgun for self-defense, you should be able to drive them with it safely and securely holstered. These changes, made under the guise of safety, create extremely dangerous situations. Rather than dealing with generalities, we include section and line numbers for the problems which we have identified and which we request be reconsidered.