Gun Law Reforms to be Considered by Ohio Senate

Gun Watch ^ | 14 November, 2014 | Dean Weingarten

[marktwain]

Some needed reforms to Ohio gun law are finally moving in the Ohio Senate.  HB 203 passed the Ohio House 63-27 in November of 2013.  It has languished in the Senate since then.   Some claim that Governor Kasich has said that he will sign the bill.   First it needs to pass the Senate.

Ohio is the only state where a person claiming self defense is considered guilty until they prove themselves innocent.   Unlike all other states, Ohio requires that a person who claims self defense must prove that they acted in self defense rather than the burden of proof belonging to the state.  Arizona passed a similar law for a few years, but it was repealed because of the infamous case of Harold Fish, who spent three years in prison after a claiming self defense.   Janet Napolitano, then Governor of Arizona, vetoed two bills designed to give Harold Fish a new trial.    After Napolitano was recruited by the Obama administration, another bill was passed and Harold was released.

The law also clarifies that the exercise of a constitutional right is not disorderly conduct, so the mere carrying of a firearm would not, by itself, be cause for police to harass or arrest the carrier.   "Disorderly conduct" has been a catchall charge used to harass open carriers in several states.  Ohio is following the trend started in Wisconsin and Utah to insure that the exercise of constitutional rights are protected.

The law consists of common sense reforms, many of which are overdue.  This is why it passed the House with such overwhelming numbers.  Now we will find out if the Senate leadership will allow it to be voted on.

 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Maybe these reforms can be pushed through before the legislature adjourns.

[Blood of Tyrants]

A legislature that is in session year round is a danger to the freedoms of the people.

[WayneS]

Good luck, Ohioans!

I think if any northern state can pull this off it’s Ohio.

[mlo]

"Ohio is the only state where a person claiming self defense is considered guilty until they prove themselves innocent."

That's true. Are they talking about changing it? Self-defense is not a "gun law".

[The KG9 Kid]

Is the repeal of that nonsensical Ohio law about having more than 30 rounds in a magazine being the equivalent to possession of an illegal machine gun in HB203?

[William Tell]

Isn't Ohio where a man was arrested for failing to inform an officer that he was carrying a firearm, despite having attempted to do just that?

Although it might be prudent to inform an officer, creating a legal obligation to speak puts the citizen in a very conflicted situation, as depicted in the video of the incident in question.

Having a police officer threaten to murder you because he claims you failed to inform demonstrates clearly how the obligation can be used against a citizen. Ohio should repeal this law.