Restaurant & Car Carry Rules Fix (SB17) and Restoration of Rights (SB61) bills pass Senate committee

Two pro-gun bills, one of which would make critical improvements to Ohio's concealed carry laws, have passed out of the Senate Judiciary on Criminal Justice Committee.

The committee, which is chaired by BFA "A+" -rated Sen. Tim Grendell (R), passed SB17 (Restaurant & Car Carry Rules Fix) with a 7 - 2 vote. The committee also passed SB61 (Restoration of Rights) with a 8 - 1 vote. (See vote tallies below.)

SB17, sponsored by Senator Tim Schaffer (R), is similar to HB45, which has passed out of committee in the House. The bills were identical until today, when SB17 was amended. Part of SB17 seeks to eliminate the convoluted and confusing way people with a CHL must transport guns in cars. The amendment provides a way for people who were convicted of improperly transporting a firearm under the current law to receive relief if they would have been in compliance under the law as amended in SB17. This excellent amendment was offered by Senator Larry Obhof (R). Constituents should thank him for looking out for gun owners who have been harmed not by "bad actions" but simply because of "bad law."

SB61, sponsored by Senator Jason Wilson (D), seeks to fix a technical defect in Ohio law. Because of a U.S. Supreme Court ruling, the BAFTE has found that Ohio's restorations are not valid under Federal law. The result is that people may obtain an Ohio CHL, or be an Ohio peace officer, but still be under a Federal Firearms disability. Clearly this makes no sense.

Before the vote, Ken Hanson testified in support of each bill for Buckeye Firearms Association. (See testimony below.) And as they did in the House (see here and here) several professional paid lobbyists (Toby Hoover of the Ohio Coalition Against Gun Violence, John Murphy of the Ohio Association of Prosecuting Attorneys, and Mike Wineman of the Ohio Fraternal Order of Police) offered Chicken Little claims that the sky was going to fall if the committee moved the bills, but no evidence to back them up.

Both bills received bipartisan support. The bills now await a floor vote by the Ohio Senate. If your Senator has voted for these bills in committee, please thank them. If you have not already contacted your Senator asking for support for these bills, now is a good time to do so.

This marks the first movement of this legislation in the Senate in more than two months. The Senate passed identical bills in the last session, but they died at the hands of then-House Speaker Armond Budish (D).

"This is a good day for gun owners who live and travel in Ohio," said Jim Irvine, chairman of Buckeye Firearms Association. "Two of the most pressing problems facing license-holders are addressed in SB17, and these changes will make Ohio a safer place to live by reducing the places criminals can steal guns."

"We thank the thousands of individuals who have called or emailed their Representatives. Your voices are being heard. Committees in both chambers of the general Assembly have passed these bills. Gun owners expect a full vote in the House and Senate, and a quick journey to Governor Kasich's desk."

We've been working on this legislation for three years. There have been more than enough hearings. Now it's time to ACT! There is no question that these bills have the votes to pass in both the House and Senate. The only question is when the Republican leadership in the two chambers will allow these bills to have a vote. We need to show OVERWHELMING support for these bills without delay.

Contact your Representative NOW and make it clear you want our bills passed with no bad amendments and no more waiting. This is URGENT.

CLICK HERE to send an email or call and make your voice heard.

We can't do this without you. We have to let our legislators in the House and Senate know that these are good bills for Ohio and we want them passed into law WITHOUT any restrictive amendments.

BUCKEYE FIREARMS TESTIMONY on SB17:

I am here today on behalf of Buckeye Firearms Association to give testimony in support of S.B. 17, and to urge the swift passage of this bill.

S.B. 17 makes two important changes to Ohio's concealed carry laws, changes that will bring Ohio into alignment with the majority of states that allow concealed carry. By passing this bill, Ohio's CHL laws will be in substantial conformity with our surrounding states.

The first change deals with removing the car carry restrictions placed upon licensees. Currently, Ohio micromanages how a licensee carries a handgun in the car. Of 48 states with legal concealed carry, only three make any mention of how a licensee may carry a gun in a car. The car carry provisions are doing nothing to enhance public safety, and are among the last of the "poison pill" provisions in the original H.B. 12, which established Ohio's licensing system.

The claims that licensees will now be able to gun down officers during a traffic stop due to the new-found ability to use alleged "quick draw" holsters is simultaneously laughable and extremely insulting. The idea that someone who is looking for a chance to shoot a police officer is simply awaiting the easing of car carry restrictions does not pass the straight-face test; if someone is going to shoot an officer, they aren't worried about carrying their handgun in compliance with state law.

Additionally, the idea that removing the car carry restrictions will convert Ohio's 210,000+ licensees into budding cop killers is beneath contempt, and Ohio's sworn officers represented by the police groups who have testified as such should be ashamed of the nonsense their union leadership is peddling. These types of claims severely harm citizen-police relations.

The second change made by S.B. 17 is that licensees would now be allowed to enter facilities that serve alcohol, provided the licensee does not consume alcohol and is not already under the influence of alcohol. Again, this change would bring Ohio into substantial conformity with most of the states that allow concealed carry, and would align us with our surrounding neighbors.

The claim that "alcohol and guns don't mix" is an emotional red herring with a side of wild goose. This bill does not mix guns and alcohol. In fact, this bill maintains a strict separation of the two, with substantial, felony penalties for failing to follow the law.

Current law is doing nothing to protect the public; deadly weapons are concealed and used in our liquor establishments with depressing frequency. Self-defense is a constitutional right, and the state must show a compelling interest to regulate the time, manner and place of the exercise of this right. Thus far, other than blind repetition of the bumper sticker slogan of "guns and alcohol do not mix" in an attempt to appeal to emotion, no evidence has been presented that this provision makes Ohioans any safer. Balanced against this, we have media reports, and testimony, establishing that criminals are targeting vehicles located outside liquor facilities, and the public is being placed in danger by requiring that licensees leave their handgun in the car for the criminal to steal. This body and the House have also previously heard testimony that these restrictions can and do serve to create victim zones, where people must stand by helplessly if a criminal chooses that day and place to commit violence.

The strongest endorsement that can be offered in favor of removing the liquor facility restrictions is that 40+ states allow carry into facilities that serve alcohol, and have done so for many years. Not a single state has sought to repeal or restrictively amend their law in this time; conversely, many states have chosen to allow it. Ohioans are no different, no more dangerous, than the citizens of other states. We can look to these other states as evidence of what works, or we can continue the sham that is our current, out-of-step law.

Amendments:

We oppose the proposed amendment circulated by the Ohio State Highway Patrol. This amendment would strip the statutory and constitutional right of self-defense away from licensees who happen to have a passenger in their car with some legal disability. This amendment has been offered without even the slightest proffer of need by the OSHP. This amendment is a poison-pill and echoes of circa 2003.

We support the proposed amendment circulated by State Senator Larry Obhof. This amendment would allow those previously convicted under the law the Senate is now amending to apply for expungement of the conviction. It would require full hearing with notice and opportunity to be heard by the prosecutor. It makes sense that, if the General Assembly is now realizing these car carry provisions should not be in law, that those previously caught up under the prior restrictions are given an opportunity to clear their names.

BUCKEYE FIREARMS TESTIMONY on SB61:

I am here today on behalf of Buckeye Firearms Association to give testimony in support of S.B. 61, and to urge the swift passage of this bill.

S.B. 61 is a law change that is forced upon Ohio in order to preserve the ability of our courts to restore civil rights to Ohio citizens. While it is not a law change that anyone would have voluntarily chosen to implement, the fact remains that if Ohio's courts are to have the ability to restore civil firearm rights to our citizens, this change must be made, and must be made in the manner specified in S.B. 61.

I would like to point out that passage of this bill does not "give" firearms to anyone. Rather, passage of this bill reauthorizes the court process that existed in Ohio prior to the Caron U.S. Supreme Court decision, and has existed in Ohio since at least 1974. For those of you with lingering worries, I ask that you trust Ohio's judges and prosecutors, who have overseen this process in Ohio for over 3 decades. These judges and prosecutors will still have a "last say" over which applicants get their rights back.

In closing, I would like to respectfully point out that this issue was first raised in front of the Ohio Senate in November of 2007, and passed the Ohio Senate last session. This issue has been discussed for quite some time within these halls, and throughout this time I have had to advise numerous clients that they were going to have to wait for legislative action to give them back what a court had already granted them. Given the lack of stakeholder opposition throughout that time, I would ask that you hold a vote on this important bill as soon as possible.

I appreciate your time, and I welcome any questions you have.

VOTE TALLIES:

SB17

Yes

Tim Grendell (R)
Larry Obhof (R)
Frank LaRose (R)
Peggy Lehner (R)
Scott Oelslager (R)
Mark Wagoner (R)
Joe Schiavoni (D)

No

Nina Turner (D)
Eric Kearney (D)

SB61

Yes

Tim Grendell (R)
Larry Obhof (R)
Frank LaRose (R)
Peggy Lehner (R)
Scott Oelslager (R)
Mark Wagoner (R)
Eric Kearney (D)
Joe Schiavoni (D)

No

Nina Turner (D)