Wednesday, April 17, 2002
Lee Leonard
Columbus Dispatch Statehouse Reporter
A bill passed by the House that would allow Ohioans to carry concealed handguns on a limited basis found a home in the state Senate yesterday, but it may not be moving out of there anytime soon.
House Bill 274 was sent to the Judiciary Committee on Civil Justice, but Senate President Richard H. Finan said its future is clouded by a court ruling last Wednesday.
The 1st Ohio District Court of Appeals ruled that the state ban, as applied in Hamilton County, is unconstitutional.
Finan, a suburban Cincinnati Republican, refused even to say that committee hearings will start -- the normal process when a bill comes over from the House. He said he will decide what to do "on a day-by-day basis,'' depending on what happens in the Ohio Supreme Court.
State Attorney General Betty D. Montgomery asked for an emergency stay from the Supreme Court and is expected to appeal, a process that could take months. The high court could restore the ban in Hamilton County or overturn it throughout the state.
Finan said it would be futile to write a new handgun law before the court decides what is constitutional. "I'm hoping the Ohio Supreme Court will give some expeditious processing on this.''
House Bill 274, sponsored by Rep. James Aslanides, R-Coshocton, would authorize sheriffs to issue conceal/carry permits to individuals 21 or older who have no criminal record or history of mental illness and who pass a training course in firearms handling and safety. The House refused to consider a less restrictive conceal/carry bill.
Aslanides said he understands Finan's position but would like to see the committee start work.
"I'd like to see the Senate give it the same kind of attention we gave it (in the House),'' he said. "It would disappoint me if there is no movement on the bill in a reasonable period of time.''
Jeff Garvas, president of Ohioans for Concealed Carry, said he hopes the Senate isn't stalling.
"It's kind of sad that the Senate president doesn't have the nerve to stand up and say, 'This law is unconstitutional and needs to be changed,' '' he said. "Something needs to be done. We've gone through channels, and the court agrees with us that the law is unconstitutional. Now the legislature needs to fix it.''
Sen. Eric D. Fingerhut, D-Cleveland, a member of the Judiciary Committee and a handgun foe, said he supports Finan's call for a delay.
"It would be fruitless for the Senate to hold hearings until the court issues a final ruling,'' Fingerhut said. "Whatever the court says will dictate what the legislature does. It's difficult to hold fact-finding hearings until you know what the parameters are. If the current statute is unconstitutional, then there is going to be a need for a new statute.''
Meanwhile, the Senate voted 25- 8 for a compromise bill authorizing local school boards to set aside a daily period of silence in classrooms, with prayer as an option. The House could ratify the compromise next week as House Bill 394, sponsored by Rep. Rex Damschroder, R-Fremont. The bill also lets school boards decide whether the Pledge of Allegiance can be said in classrooms but stipulates that school boards prevent the intimidation of those who decline to participate.
Fingerhut objected to the inclusion of prayer as an option.
"It goes beyond the role of government to provide the opportunity for prayer,'' he said.
Sen. Robert F. Hagan, D- Youngstown, said the legislature was "wasting a lot of time on an issue that really doesn't improve our students. If we had more praying at home . . . we would have less problems in our schools.''