Author: Buckeye Firearms Association

Analysis: Ohio’s magazine capacity limit

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by Sean Maloney

Buckeye Firearms Association was once again asked, "What is the magazine capacity limit pertaining to firearms in the State of Ohio?"

This question was fueled by the unconstitutional ordinance that is still on the books in Cincinnati, Ohio, which caused a national retailer of firearms magazines to refuse to ship legally purchased magazines to a customer in Cincinnati.

So that there is no confusion related to Ohio law on the subject of "magazine capacity," I have provided the following analysis.

The relevant portion of the City of Cincinnati Ordinance provides:

Sec. 708-37. – Possession or Sale of Semiautomatic Firearms Prohibited.
(a) No person shall sell, deliver, rent, lease, offer, or display for sale, or transfer ownership of, acquire or possess a semiautomatic firearm.  

(b) No person shall sell, deliver, rent, lease, offer or display for sale, or transfer ownership of, acquire or possess any detachable magazine with the following capacities:
(1) More than ten rifle or carbine rounds;
(2) More than five shotgun rounds;
(3) More than 15 handgun rounds…."

(C.M.C. 708-37; ordained by Ord. No. 380-1989, eff. Sept. 27, (1989)

Thanksgiving: George Washington’s 1789 Proclamation

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Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor — and whereas both Houses of Congress have by their joint Committee requested me “to recommend to the People of the United States a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many signal favors of Almighty God especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.”

Now therefore I do recommend and assign Thursday the 26th day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be — That we may then all unite in rendering unto him our sincere and humble thanks — for his kind care and protection of the People of this Country previous to their becoming a Nation — for the signal and manifold mercies, and the favorable interpositions of his Providence which we experienced in the tranquility, union, and plenty, which we have since enjoyed — for the peaceable and rational manner, in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national One now lately instituted — for the civil and religious liberty with which we are blessed; and the means we have of acquiring and diffusing useful knowledge; and in general for all the great and various favors which he hath been pleased to confer upon us.

And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech him to pardon our national and other transgressions — to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually — to render our national government a blessing to all the people, by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed — to protect and guide all Sovereigns and Nations (especially such as have shown kindness onto us) and to bless them with good government, peace, and concord — To promote the knowledge and practice of true religion and virtue, and the increase of science among them and us — and generally to grant unto all Mankind such a degree of temporal prosperity as he alone knows to be best.

Given under my hand at the City of New York
the third day of October in the year of our Lord 1789.

George Washington

Related Article:
PATRIOTS: In 1788, Ohio law required ALL men aged 16-50 to bear arms

Youth Deer-Gun Hunters Harvest more than 9,000 Deer during Ohio’s Two-Day Season

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COLUMBUS, OH – The 10th annual youth deer-gun season proved successful for many hunters across the state, according to the Ohio Department of Natural Resources’ (ODNR) Division of Wildlife.

“This excellent youth deer-gun season is a tribute to our young hunters as well as the non-hunting adults who accompanied them this weekend,” said ODNR Director James Zehringer. “Offering special hunting seasons encourages families to spend time together outdoors, and we are glad so many young Ohioans participated this year.”

Youth hunters checked 9,178 white-tailed deer during the two-day season, Nov. 17-18. The harvest total represents a 5.7 percent increase from 2011 (8,681) and is the highest total since 2009 (9,269). Youth hunters have checked at least 8,300 deer every year since 2005.

Counties reporting the highest number of deer checked: Tuscarawas (317), Coshocton (295), Muskingum (280), Licking (262), Knox (247), Holmes (235), Belmont (234), Guernsey (232), Harrison (225) and Washington (196). These were also the top 10 counties in 2011, although the order was different.

Ohio’s youth deer-gun season was open in all 88 counties. All participants were required to wear hunter orange, possess a valid Ohio youth hunting license and youth deer permit and also be accompanied by a non-hunting adult.

Division of Wildlife discussed potential changes to Ohio deer herd management strategies

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by Larry S. Moore

The Ohio Division of Wildlife, like many hunters, is talking deer hunting. Of course the news is the early increase in the harvest numbers, which are now reported weekly. Recently, I attended events where Dave Kohler, Acting Executive Administrator Wildlife Management and Research, and Dr. Michael “Tonk” Tonkovich, Deer Project Leader, presented the current status and projections for the remainder of the deer season. They also gave some sneak previews into possible changes in 2013 regarding the deer herd management.

Kohler indicated that the Division is expecting the total harvest to be down about 10% with the numbers being in the neighborhood of 208,000 deer. Kohler said, “We’ve had total harvest declines in the last couple of years. We were trying to reduce the deer herd size in most counties as they were above the targeted goals. The regulations were geared to accomplish the reduction. We continue to encourage hunters to harvest doe. We know Ohio is a great buck state but we need to harvest doe to maintain a healthy balance. The anticipated decline should be fairly consistent across the state.”

Dr. Tonkovich presented a seminar at a recent Preble County deer clinic. He covered quite a bit of the Division’s current and, perhaps future, approach to the deer herd management. Tonk first noted, “I love getting out of the office and interacting with our constituents. It’s always exciting. The time has passed that we simply manage our deer herd through harvest regulations. We have more deer than hunters and 95% of Ohio’s land is privately owned. We need your help to be successful in the deer management program.”

Tonkovich pointed out some changes in the deer regulations for the 2012 season. The first is the addition of seven counties in Western Ohio to Zone B. He also noted a change in the game check process to allow hunters until noon the day following harvest of a deer to report it. The exception is on the last day of any season (youth gun weekend; gun week; statewide muzzleloading or final day of archery season) the harvest must be reported by 11:30PM of the last day.

He presented the history of deer management in Ohio saying, “We strongly believe Ohio’s farmers share the burden of a large rural deer population. This is why the Division periodically surveys their attitudes toward the deer herd. The last survey statewide with farm producers was conducted in 2000 by the National Agriculture Statistic Service for the Division. The state was divided into four regions of farmland, hills, northeastern metropolitan and an intermediate region. The results were that all four regions wanted to see fewer deer with a range of 4% to 14% fewer. We have been attempting to move the deer population toward desired goals with the regulations.”

“Conduct was defensible:” Arbitrator overturns firing of Canton policeman who threatened to execute concealed carry licensee

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by Chad D. Baus

The Canton Repository is reporting that notorious Canton Police Officer Daniel Harless, who was fired after being caught on his own police dash cam video in June 2011 verbally assaulting a concealed carry license holder and threatening to “execute” him, is one step away from winning back his job.

From the article:

Fired police officer Daniel Harless could get his job back if he gets medical clearance to return to work.

An arbitrator hearing Harless’ appeal ruled in the former patrolman’s favor. The 15-page ruling was dated Saturday and released by the city Wednesday.

Harless’ attorney indicated his client is unlikely to seek his old job, at least for now. He has been receiving workers’ compensation and has applied for a disability retirement pension.

But Harless now has the right to be back on the job, according to arbitrator Harry Graham.

“Return to active service, if ever, is to be determined by competent medical authority,” wrote Graham, an arbitrator since 1972 and a retired professor of industrial relations at Cleveland State University.

The internal affairs division of the Police Department had investigated three traffic stops involving Harless, each one filmed by a cruiser dash camera. Investigators said the officer had violated rules for conduct, cooperation with the public and handling persons.

Harless was accused of violating police department rules during the June 8, 2011 traffic stop during which police cruiser video shows Harless berating and threatening a man pulled over around 1:30 a.m. on Newton Avenue NW.

In the dash cam video, the officer can be heard unleashing a profanity-laced tirade, yelling, “I should blast you in the mouth right now…I’m so close to caving in your head,” and “you’re just a stupid human being!” He continued to berate the license-holder, shouting, “You want me to pull mine and stick it to your head?” “People like you don’t deserve to f#$%*@g move throughout public. Period!”

After the June cruiser video was posted on the Internet, it went viral. Soon, other videos turned up, revealing a long pattern of deplorable behavior.

The Repository uncovered a video from another incident, in which Harless threatened to send the suspects “to the grave” if they moved, adding, “I will shoot you in the face and I’ll go to sleep tonight.”

In a third dash cam video uncovered by Cleveland’s ABC affiliate, Harless can be heard engaging in yet another profanity-laced tirade, saying, “If you scratch your balls wrong, I’m going to pull my gun and I am going to shoot you.”

Review: Project Appleseed

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by Bob Maroldy

It was a cold (43 degrees) and rainy Saturday morning as I pulled out of my driveway at 06:30. I had packed up the night before so I could just get up, get dressed, and go. However, the weather was already making me wonder if I should stay rather than go. I grimly continued on.

I had been trying for a couple of years to get to a Project Appleseed event. I read “Fred’s” column that appears in Shotgun News every three weeks. He begs, pleads, cajoles and almost insults people into getting their butts “up off the couch” to go to an event. There you will learn great tips and hints for better and more accurate rifle shooting. According to Fred, there are just 2 types of rifle owners: Cooks and Riflemen.

If you can prove that you can really shoot (by qualifying at an Appleseed) you are a Rifleman, and get a patch to prove it. If you can’t meet the standard, or worse don’t even try, you are just a cook and, according to Fred, will be “in the rear cooking for the Riflemen who are up front fighting for American freedom and ideals when the balloon goes up and the ‘blue helmet troops’ invade America.”

Project Appleseed is hosted by the Revolutionary War Veterans Association (RWVA) and a large part of an Appleseed is devoted to learning about our heritage and how the Revolutionary War really started, not how it started according to myths.

Appleseed is not a militia group by any means and avoids talking politics. They merely want to get our citizens, men and women, back to being a “Nation of Riflemen” as we were in 1775. To accomplish this, Appleseed instructors teach marksmanship as it was taught to soldiers preparing for WWI and WWII. The use of the rifle sling is paramount for shooters at Appleseed.

Navigating the new political landscape

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by Jim Irvine

We’ve had our election and will have the same president, same Republicans in control of Congress and same Democrats in control of the Senate. Ohio is a similar picture to Washington. Same Governor, identical balance in Senate and GOP picks up one seat to hold 60 of 99 House seats. So what’s new?

Everything.

Lame duck, or the rest of the session after an election, is always different. Time is tight. All bills not passed by the end of the year die and the process must start anew next year. Legislators who lost, or who are term limited out are cashing in all their chips. They have supported various bills/issues over the years in exchange for a promise of support for their personal wish list. Now is the last chance to get their pet idea enacted, and time is short.

Without the need to ever face the people again, President Obama can do whatever he wants. We may get to find out exactly what he meant when he told Russian President Dmitri Medvedev, “After my election I have more flexibility.”

As reported by David Cordrea, President Obama has expressed a willingness to work with the UN on an arms control treaty. Senator Diane Feinstein has also moved to ban all “assault rifles, high capacity magazines and pistol grips,” according to the Market Daily News.

It is clear that anti-gun forces at the Federal and International level have become energized by last week’s election results, and we have a major fight on our hands going forward.

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