Senate Committee passes Amended HB12 in surprise move
In a surprise move, the Ohio Senate Judiciary Committee on Criminal Justice
today passed an amended House Bill 12 today on a 8-1 vote (vehemently anti-CCW Senator Goodman, was the lone dissenter)
Initially, it was reported that the Ohio Senate planned to follow up with an almost immediate floor vote today. That appears now not to be the case.
The amended bill is, in almost all respects, identical to the one passed by the Senate last December, and for which the Ohio House refused to reconvene for a vote of concurrence. The only significant difference is that license-holders would be allowed to "open" carry their firearms in their personal vehicles, IF no occupants are under 18. If they are under 18, the firearm must be in a locked container.
The Buckeye State Sheriff's Association supports the amended bill, as does Gov. Bob Taft. The Ohio State Highway Patrol and Fraternal Order of Police are neutral.
We are disappointed that as a result of the changes in the Senate committee, parents would not be allowed to protect and defend their children's lives. We are also disappointed that the Senate, in spite of newly released data indicating that Ohio's violent crime rates are increasing while the nation's is falling, chose to accept suggestions from Gov. Taft which would result in more victimization. We are glad that HB12 is still a shall-issue bill, and we will be reviewing the specific language before we announce our position, and suggestions for changes by the Senate on the floor.
Ohioans For Concealed Carry has acquired a copy of Sub HB12 as passed by the Senate Committee and will be updating our various mailing lists and website(s) throughout the evening today.
Click here to download "HB12 As Passed By the Senate JCCJ".
Click on the "Read More..." link below for news stories which ran immediately following the committee's vote, and a good summary of the major changes in the amended bill from Gongwer News Service, and who they were meant to appease.
Media coverage below (take it with a grain of salt - things are changing by the minute):
The following was published by the Gongwer News Service on June 17, and provides a good sumary of the major changes made by the Senate to HB12, and who they were meant to appease.
SENATE PANEL APPROVES CCW BILL; STOPS FLOOR VOTE PENDING FURTHER REVIEW OF BILL
Senators were expected Tuesday to send to the House a measure (HB 12) that would spell out the conditions under which certain Ohioans could carry concealed weapons, but the vote was postponed given late-breaking concerns from the National Rifle Association.
From all indications, the bill seemed destined to move quickly: it was reported unanimously Tuesday morning by the Judiciary on Criminal Justice Committee and placed on the Senate calendar for a vote later in the day. Before the Senate convened, Governor Bob Taft indicated that he would sign the proposal.
But the session at which the bill was informally passed, Senate President Doug White (R-Manchester) said the delay was necessitated by requests for further review. He noted that beyond the NRA, House officials sought time to review the document in the hope of avoiding a potential conference committee.
Speaker Larry Householder (R-Glenford) largely declined comment on the Senate version of the measure, saying his members would have to review the changes and perhaps work out differences in a conference committee. “We’re anxious to get it,” he said. He couldn’t say if it was a coincidence or not that the bill is emerging concurrently with budget talks. “I haven’t orchestrated it,” Mr. Householder added.
Before the bill reached the floor, the committee adopted a substitute bill that turned the Ohio State Highway Patrol and the Fraternal Order of Police from opponents to interested parties, position changes that Governor Taft said would allow him to sign the measure.
“Any valid concern we will listen to, but as we understand it, the bill has responded to the concerns that we have raised,” the governor said.
The substitute bill makes several changes, including specifically limiting the places where concealed weapons can be carried. Among those places are all public buildings, including police stations, sheriff’s offices or state highway patrol posts; state and local correctional institutions and jails; airport terminals; institutions maintained by the Department of Mental Health or an institution for the mentally retarded. Other prohibited areas include school safety zones, child and adult day care centers, entities which have a ‘D’ liquor permit and places of worship unless the entity posts or permits otherwise.
The legislation makes Ohio a “must permit” state as long as the applicant meets certain licensing and training requirements. If a license to carry is granted, the licensee must carry the valid license and valid identification when in possession of the concealed handgun and the licensee must also declare to a law enforcement officer, if approached, that the licensee is carrying a concealed weapon.
Applicants at least 21 years of age must have been Ohio residents for at least 45 days and residents of the county to which the application is submitted for at least 30 days to qualify for a permit. Further, they must not be a fugitive from justice or have been convicted of or under indictment or pleaded guilty to any felony. Applicants also must not be under indictment or otherwise charged with a misdemeanor that is an offense of violence within the previous three years prior to making application or have been convicted, pleaded guilty or under indictment for the crime of resisting arrest during a 10-year period leading up to the application date. Applicants must not be subject to any temporary or permanent protection order or have ever been adjudicated as mental defective or mentally incompetent and committed to any mental institution.
The bill also requires permit applicants to successfully complete a competency course and pass a competency examination. Training must include at least ten hours of instruction and two hours of live-fire training. Any examination must include a written portion along with a physical demonstration of proficiency in the use of a firearm and in firearm safety procedures.
Sheriffs would be required to obtain fingerprints of an applicant and conduct a criminal records check. If the check shows a clear history, those documents must be destroyed. If the applicant fails to meet the criteria, all records must be retained by the sheriff until the time for filing an appeal has expired or, if an appeal is filed, until the appeal is resolved.
Additional language specifies that the measure would not supersede a rule, policy or practice of a private or public employer concerning or prohibiting the presence of firearms on the employer’s premises. The legislation also specifies that private employers are immune from liability in a civil action for any injury, death or loss to person or property allegedly caused by or related to a licensee bringing a handgun onto the premises of the property of the private or public employer unless the employer acted with malicious purpose.
To address the Highway Patrol’s concerns, the bill generally prohibits a person from “recklessly” transporting or having a loaded firearm in a motor vehicle in a manner that it is accessible to the operator or any other passenger without leaving the motor vehicle. Any handgun being transported must either be in a holster in plain sight or securely encased by being stored either in a locked glove compartment or in a gun case that is in plain sight and locked. Licensees are also required, when stopped by a law enforcement officer for a traffic stop or other law enforcement purpose, to “promptly” inform the law enforcement officer that the licensee has a loaded handgun in the motor vehicle.
The FOP’s Michael Taylor told the committee that his group no longer opposes the concept of CCW, calling the substitute version reasonable and responsible. Robert Cornwell, executive director of the Buckeye State Sheriffs Association, reiterated support for the bill based on the fact that permit holders must meet background qualifications and training certification standards in order to legally carry a concealed weapon. Highway Patrol Captain John Born announced that the patrol is now neutral on the bill noting that the substitute addresses their major concerns especially in the area of safe and secure transport of concealed weapons in motor vehicles.
Another law enforcement entity and prosecutors, however, remain opposed. John Gilchrist, legal counsel for the Ohio Chiefs of Police Association, confirmed that the chiefs remain opposed to the entire concept of CCW in Ohio as they have not been convinced that peace officers will not be at greater risk with more guns on the streets. John Murphy of the Prosecuting Attorneys Association of Ohio, said even though the Senate version is far superior to the House version, the prosecutors also remain opposed to the entire concept of CCW.
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