Posted on 11/29/2006 11:22:45 AM PST by kiriath_jearim
Republican lawmakers and the State Highway Patrol have reached a deal on how guns can be carried in vehicles, perhaps smoothing enactment of a bill that would modify Ohio's concealed-handgun law.
The bill, among other things, no longer would permit local governments to pass gun laws that go beyond the restrictions set by state lawmakers. This includes the assault-weapons ban passed by Columbus officials in the summer of 2005, and prohibitions on guns in parks or other places not designated as gun-free zones in state law. Those local laws would be invalidated.
Gov. Bob Taft had threatened to veto the bill, based on opposition from the patrol, which earlier objected to proposed changes in the way people could conceal guns in their vehicles.
"I think we have a bill that the Second Amendment people support and that law enforcement is OK with," said Sen. Jim Jordan, R-Urbana, chairman of the Senate Criminal Justice Committee, which is hearing the bill.
The main fight centered on whether concealed-carry permit holders, while in a vehicle, should be required to carry a gun either holstered in plain view or locked away in a glove box.
If the gun isn't locked away, the patrol wanted the gun in plain sight to protect troopers involved in traffic stops.
But gun-rights advocates, including bill sponsor Rep. James Aslanides, R-Coshocton, argued the plain-sight law caused logistical problems, particularly for women who carry guns in their purses rather than a holster. He also said it created unnecessary safety risks to move a gun from a holster to a glove box.
The patrol now is backing away from its plain-sight requirement in exchange for an increased criminal penalty if the person fails to notify an officer that he or she is carrying a concealed gun. The penalty would go from a fourth- to a first-degree misdemeanor, with a two-year gun permit suspension.
"Our main concern was that if they do away with the plain-sight that we, as law enforcement, wanted to ensure our officers' safety the best that we could," said Lt. Shawn Davis, of the patrol's Office of Strategic Services.
Davis said the patrol will take a neutral stance on the new version of the bill, to be introduced Wednesday, when a committee vote also is scheduled. An earlier version passed the House in March, 76-19.
Taft spokesman Mark Rickel offered no insight into whether the governor would support the revised measure. "It has not been a priority for the governor at this point."
Cities including Columbus have opposed having their gun laws pre-empted by the bill. Aslanides said a permit holder can't be expected to know hundreds of different gun laws.
But a spokesman for Columbus Mayor Michael B. Coleman has said the bill disrespects local control and "the ability of cities of any size to keep people safe."
Other expected changes to the bill:
Eliminating a provision that would allow a person to get a gun permit if his or her criminal record had been expunged.
Eliminating a provision that would allow an intoxicated permit holder to give his or her gun to someone else. Carrying a gun while drunk is a fifth-degree felony.
Just another mayor who is willing to let only the criminals have guns.
I can see it now.
Try saying, "I've got a gun!" as soon as OH's finest walks up to your window and see what happens...
They will pass this bill in the lame duck session?
Was thinking the same thing. Perhaps the best thing to say when you show your driver's license is 'I have a permit to carry.'
Sounds a lot less threatening. Much better than saying 'This is my street sweeper and I know how to use it."
When the officer gets the actual driver's license of the person driving, that is run again if it differs from the registered owner. Again, a permit holder would be flagged, but this check has to wait until the officer has approached the vehicle and made contact with the driver.
Ohio has CCW now, so people who want to carry a gun can do so legally. If they are stopped by the police for a common traffic citation, they will still be asked if they have any guns or drugs in the car.
If you are a legal CCW owner, you just tell the policeman "yes", show him your CCW, and that's the end of it. If you are carrying illegally and have a bale of pot in the trunk, well, you're already in pretty big trouble, and they're going to find the gun anyway.
But even in that situation, you'll get better treatment if you tell the truth than lie and get caught.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
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Verbatim from my only traffic stop since I got my TX CHL:
Officer: "Sir, do you have your firearm in the vehicle with you?TXnMA: "Yessir, I do."
Officer: "Awright! It's no da*n good if you don't have it with you!"
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Of course, that didn't stop him from enriching his little speed-trap town's coffers -- at my expense... :-(
In Michigan, during a traffic stop, concealed weapons license holders are required to immediately tell LEOs that they are license holders and that they are (are not)currently packing. Simple solution for a simple problem.
Flagging the drivers license is more trouble than it's worth. If the cop is told that the driver doesn't have a permit does the cop then assume that there isn't a gun in the car? Sounds like a good way to get a dead cop.
True. Learned that when I was pulled over once and got lectured by the police for not saying I had a concealed carry permit (wasn't carrying at the time so didn't mention it).
Second time I was carrying though and first thing I said (without moving or taking my hands off the stearing wheel) was "I have a concealed carry permit and I have a sidearm sitting between my seat and the center console". Officer asked me to step out of the car. Then checked both my driver's license and concealed carry. Can't remember if they even looked at the pistol or not honestly because since it was declared it was pretty much a non-issue.
Yes. The cops at our CCW class said that very same thing. You are informing the cop that you have a permit, and he will then assume you might be carrying.
"I think we have a bill that the Second Amendment people support and that law enforcement is OK with," said Sen. Jim Jordan, R-Urbana, chairman of the Senate Criminal Justice Committee, which is hearing the bill.
Jim Jordan, recently elected to the House of Representatives. So glad he's going to Washington!!
Heck, I told the cop last I got pulled that I had a knife in the glove box and that I had to open it to get the registration. He thanked me for telling him about it and reduced my speed to a dismissable offense.
Well actually it is, but not in the way you think it is.
I have three forms of picture ID, driver's license, concealed carry permit, and standard state identification. Problem is since they are all tied together they have the same identifier numbers. Because of this they only count as one form of ID whenever I have to present two forms of ID. So the stupid banks, stores, whatever take my CostCo card (which any schmuck could counterfeit) as a more valid ID then my state issued concealed weapons permit.
Nobody has as of yet taken my pilot's license as a valid ID yet /boggle
Absolutely insane that we have to inform the ossifer that we are carrying.
"Oh, BTW ossifer. I also stopped at that last stop sign, stayed within the speed limit, have insurance, etc etc etc."
The cop has no business knowing whether you have a weapon or not. If you aren't breaking the law, you aren't breaking the law.
Just wait till you get stopped within 1,000 feet of some school you didn't know was there and tell the ossifer you have a gun and see what happens to you.
Those laws are written that way as a means to reduce the number of CCW licenses and turn law-abiding citizens into criminals.
It adds an extra measure of caution. The officers still use a great deal of care when approaching a vehicle. It is the most dangerous part of their job...next to a domestic violence call.
I have been told that rookie cops see a concealed carry permit as "omg he probably has a gun", while veterans see a concealed carry permit as "whew I can relax a bit, this is one of the good guys".
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