Senate President Niehaus tells media he still hasn’t decided on allowing HB495 floor vote

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PLEASE CALL PRESIDENT NIEHAUS AND YOUR STATE SENATOR NOW AND ASK FOR A FLOOR VOTE ON HB495 TODAY! Without a vote today, the bill dies. Click here for Sen. Pres. Niehaus’ number, and and enter your zip code to find your Senator’s number.

by Chad D. Baus

The Ohio House has already passed HB495 in the state House of Representatives by a 59 to 28 vote on June 13, and passed out of the Senate Judiciary Committee by a 6-2 vote on Wednesday. The bill will most assuredly pass in the Senate if given a chance.

But following the hearing, Senate President Tom Niehaus (R-New Richmond) told the media he still hadn’t decided whether or not to allow the bill to come to the floor for a final vote today, the final day of session for the year.

From Gongwer News Service:

“I like the general thrust of the bill in terms of providing reciprocity. But the questions that I want to see how they are being handled involve areas like: what training do other states have? What are the safety provisions that are included?”

Last week, Ohio Attorney General Mike DeWine provided testimony that addressed these exact questions. DeWine told committee members he supports passage of the bill.

Federal court shoots down Illinois concealed carry ban in lawsuit filed by SAF

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by Chad D. Baus

Chicago’s Fox news affiliate reported late Tuesday that the Seventh Circuit U.S. Court of Appeals has shot down the Illinois ban on carrying concealed weapons, in the only state where carrying loaded, ready-to-use firearms outside the home is still illegal.

In finding the ban to be unconstitutional, the court gave a late May 2013 deadline for the state to create a concealed carry law that meets constitutional scrutiny. If the deadline isn’t met, both open and concealed carry would become legal.

From the article:

The court essentially said that the second amendment right to bear arms means more than just being able to possess a gun for self-defense in one’s home. Instead, the right is a basic right to self-defense, and any reasonable interpretation of self-defense also means being able to carry a gun outside the home, where things are a lot more dangerous.

“A gun is a potential danger to more people if carried in public than just kept in the home,” the majority opinion said. “But the other side of this coin is that knowing that many law-abiding citizens are walking the streets armed may make criminals timid.”

While the NRA’s goal in bringing the lawsuit had been to create a right to carry a concealed firearm in Illinois, lobbyist Todd Vandermyde said the end result could be far more sweeping. Unless the General Assembly – deeply divided over gun-related issues for so long now – can act quickly, the state could suddenly find itself with virtually no restrictions on gun rights.

“It’s not a joke. We could end up with Wild West-style open carry and concealed carry,” one legislator who has long supported severe restrictions on such gun rights said.

He said Springfield’s gun control proponents had long feared the sort of sweeping federal court ruling that was issued Tuesday.

A spokeswoman for one of the state’s leading gun control groups said lawyers were still analyzing the ruling. She said they would react later in the day.

According to the article, gun rights advocates long have argued that the prohibition against concealed weapons violates the U.S. Constitution’s Second Amendment, and what they see as Americans’ right to carry guns for self-defense. This decision is a major victory for them.

FLASH: Senate Judiciary Committee passes amended HB495 (Reciprocity & Concealed Carry Modernization)

Posted on by Buckeye Firearms Association

PLEASE CALL YOUR STATE SENATOR NOW AND ASK FOR A FLOOR VOTE ON HB495 TODAY!
Just click here and enter your zip code to find your Senator's number.

by Jim Irvine

On Wednesday morning the Ohio Senate Judiciary Committee adopted three amendments and passed HB495. The vote was 6-2 along party lines, with at least two members absent.

The committee, chaired by Mark Wagoner (R-Ottawa Hills) adopted three amendments before the bill was sent to the full Senate for third consideration.

One amendment was at the request of the Ohio State Highway Patrol (OSHP). It addressed concerns about loaded magazines being transported with firearms. The OSHP asked that there be some sort of separation of the gun and loaded magazine. Since that is the common practice to transport weapons, we were agreeable to the idea. Drafting to ensure that gun owners are not entrapped by vague laws but criminals could be prosecuted proved more difficult. We thank Lt. McGinty, Col. John Born and others at OSHP who spent considerable time working with us to address the concerns of gun owners.

While neither the Buckeye State Sheriff Association (BSSA) nor the OSHP testified for or "endorsed" HB495, neither of these groups testified against or opposed it. We salute these law enforcement brothers for taking the time to understand the issues at hand and discuss their concerns in a polite and constructive manner. Bill sponsor Terry Johnson (R-McDermott) also made sure all sides that raised reasonable concerns worked with other interested parties to facilitate agreements that will work for all Ohio citizens.

The second amendment dealt with government-owned parking garages. It has been over four years since Governor Strickland signed SB184, Ohio's "Castle Doctrine" legislation. That legislation was packed full of important improvements for gun owners. One of those changes provided that government-owned parking lots are not prohibited areas for firearms. But local boards such as the Capitol Square Review and Advisory Board (SCRAB) have created confusion by banning guns in areas under their control, even though the legislature has never granted them such power. Senator Faber (R-Celina) offered an amendment to clarify that they have no such authority and law-abiding gun owners will be permitted to have their firearms stored in their cars in the state owned parking garages such as the one under the Statehouse.

The third amendment, offered by Senator Bill Seitz (R-8), extended the effective date of the changes in reciprocity to 180 days, rather than the traditional 90 days.

Attorney General announces Third Quarter 2012 CHL statistics; Another record setting quarter for Buckeye State CCW

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by Jim Irvine

Ohio Attorney General Mike DeWine (R) has released the concealed handgun license (CHL) statistics for the third quarter of 2012. It was the busiest third quarter in the history of Ohio’s concealed carry law. The 13,949 regular CHLs surpasses even the previous record of 12,127 issued in 2004, the first year Ohio issues licenses, by 15 percent.

Building on the last three record setting quarters, the third quarter of 2012 saw Ohio sheriffs issue 13,949 regular CHL, 3,447 renewed CHLs and 23 Temporary licenses (TELs). Like last quarter, demand was so strong that it exceeded the demand for the third quarters of 2005, 2006, and 2007 combined. The first nine months of 2012 are setting a record pace for CHL licenses, already exceeding many entire year totals when our laws were worse. We continue to be on pace to break the 2009 record of 56,691 new licenses issued. That record year immediately followed Governor Strickland’s signing of Castle Doctrine and enormous improvements of Ohio gun laws and the election of President Barack Obama.

It is always difficult to assign specific reasons for behavior, but there is no denying that we have seen strong demand for CHLs since Governor John Kasich signed SB17 (Restaurant & Car Carry Rules Fix) and HB54 (Restoration of Rights) legislation into law. Better laws create more demand. HB495 (Reciprocity & Concealed Carry Modernization) should be the next improvement on our laws which will likewise lessen burdens on good people who want to carry a gun for self-defense. Since the re-election of President Obama, the fear of his enacting draconian gun control measures has returned and clearly helps drive gun sales. We are likely to see continued urgency for anyone considering buying a gun or obtaining a CHL.

This period’s 39% increase over the prior year completes a year in which every quarter has double digit increases over the prior years’ quarter. This directly follows SB17 taking effect. Governor Kasich signed the important legislation improving restaurant and car carry rules last year. As we have seen many times in Ohio, when the law is improved, the demand for training and licenses increases.

At the end of the September, we set another all-time record of approximately 313,718 Ohio residents licensed to carry concealed firearms. The total number of persons with Ohio concealed handgun licenses continues to climb above the quarter of a million mark set a year ago and has ensured that even if no person obtains or renews a CHL for the entire 4th quarter, we will still end a year with over 300,000 CHL’s for first time in Ohio’s history. (See chart)

There were 13,949 new CHLs, 23 temporary emergency licenses (TELs) issued and 3,447 licenses renewed in the July through September time frame.

Because of a change from a four to a five year license in 2007, the past year has seen very low renewal numbers. Approximately 6,866 licenses expired during the quarter and we are now having licenses expire on a daily basis and thus renewal numbers are increasing again. Over 70% of all licenses issued have been renewed.

There were 23 TELs issued in the quarter, about average compared to prior quarters. TELs are only valid for 90 days and cannot be renewed. TELs are issued to persons who need to carry a firearm for protection, but don’t have time to obtain the required training. Applicants must apply with their sheriff, pay a fee and pass a background check. The 90 days allows them time to obtain training and apply for a regular license. After issuance, a person must wait four years before they qualify for another TEL.

There were 547 licenses revoked during the quarter. That is unfortunately a new record and ten times the average over the past couple years. Almost all of these are attributable to one team of “instructors” who were issuing training certificates, but did not conduct the required training. Prospective students are reminded that the application contains an affidavit where the student swears that he/she has received the appropriate training. Signing a false affidavit can subject persons to felony prosecutions and a permanent loss of firearms rights. We commend law enforcement for handling this situation promptly and with discretion. We are not aware of any problems or other violations involving the 600 individuals who obtained CHLs without the 12 hours of mandated training.

Less than six tenths of one percent of all CHLs have ever been revoked for any reason, including death or moving out of state. Big media loves to make a big deal about the exceptional cases where a CHL breaks the law, but say almost nothing about the more than 99% of law-abiding license holders, many of whom have used their gun to protect life.

Concealed carry works.

Ohio hunter catches equipment thieves on trail camera

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WHIO (CBS Dayton) is reporting that one hunter’s preparedness with a deer camera may nab two thieves in the process.

As a deer hunter, you plan for the start of the hunting season, purchase your supplies and get ready to head out to the woods. But when you arrive at your hunting destination, you discover someone has stolen the items you were planning on using.

This is what has been happening to a number of hunters in the Medway area. News Center 7 spoke with one resident, Kaylee Clevinger of Spangler Ave, who has first hand experience with these thefts. “This has been happening over the last few nights and to more than just us. We know another hunter who has had his hunting property stolen,” Kaylee says.

He lost his stand and deer camera. But Kaylee said that they didn’t get their deer camera. In fact, her deer camera has snapped a number of photos of two suspects carrying a deer stand and bolt cutters. When asked whether the police have been contacted, she stated that her husband had made the call.

The complete streaming video report is available at WHIOTV.com.

Guns save lives: Robbery victims turn tables on attackers in two separate Cincinnati area incidents

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by Chad D. Baus

Three more law-abiding Ohio citizens are alive today thanks to their decision to exercise their Second Amendment and Ohio Constitutional right to bear arms for their defense and security.

First, a concealed handgun license-holder in Lockand, OH (Hamilton Co.) was the victim of an attempted armed robbery at 3:00 p.m. Sunday afternoon.

From WXIX (Fox Cincinnati):

Police say, according to the attempted robbery victim, he was alone and was getting out of his car in an alley when three males came to him and told him to give them everything at gunpoint. The robbery victim, who was on his way into work, did comply with the demands and gave the robbers his wallet. The would be robbers did not know, however, that the man who they were trying to rob was also carrying a gun with a concealed carry permit.

All three attempted robbers were shot with a .40 caliber glock at the 109 North Wayne in Lockland. One of the juveniles was shot in the face, one in the right shoulder, and the adult was hit in the lower left leg. The suspects then fled the scene on foot in different directions, but were later caught a short distance away by Lockland police.

…The three people who were shot were transported to the hospital for non-life threatening injuries in ambulances. They are being held at the hospital. Police say they are looking into charging them with aggravated robbery and possibly felonious assault.

Police say that there are independent witnesses who are cooperating with them and have given statements.

According to to the article, police stated in a press conference on Sunday that “we believe that this is an instance of a subject who was almost about to be the victim of a robbery, he’s a licensed CCW holder, and had a weapon himself.”

Less than 12 hours later, two other crime victims fought back when an armed robber opened fire.

Get the Truth About Lead Ammunition, and the Misguided Campaign to Ban It

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To assist policymakers and to educate the public, hunting and recreational shooting organizations have launched a website to make the facts and science of the lead ammunition debate available. Policymakers and hunters are urged to register at the Hunt for Truth website, www.huntfortruth.org, and to subscribe to the Hunt for Truth email list to receive e-bulletins with the latest breaking news and information on the lead ammunition issue.

Self-proclaimed environmental organizations are trying to prohibit the use of traditional ammunition consisting of lead core components in hunting and recreational shooting. They claim that some scavenging animals, like the California Condor, ingest and are poisoned by small pieces of lead contained in the carcasses of game and gut piles left in the field by hunters.

But there is substantial evidence that the groups attacking the use of lead ammunition have employed faulty science, used questionable scientific methodologies, and selectively cherry picked data to support their campaign against traditional ammunition. In fact, some researchers – who have published studies funded with taxpayer dollars that have anti-lead pre-conceived conclusions – are actually thwarting attempts by third parties to independently review their work. They refuse to make the original data on which their studies were based available.

The truth is that lead ammunition is an unlikely cause of the alleged poisoning, because the metallic lead used in bullets and shot is relatively insoluble in the digestive tract of birds of prey and scavengers. Scientific studies have confirmed that it is very difficult to poison some birds with lead, even by repeatedly feeding them lead shot mixed with food over time.

HB495 (Reciprocity & Concealed Carry Modernization) scheduled for possible vote in Senate committee

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The Senate Judiciary Committee, which is chaired by Rep. Mark Wagoner (a previous BFA endorsee), has scheduled HB495, sponsored by Representative Terry Johnson (R-McDermott), for a third hearing on Tuesday, December 11 at 3:00 p.m. in the Senate Building’s North Hearing Room.

HB495, also known as the reciprocity & concealed carry modernization bill makes three changes to current law:

  • Changes to automatically honor other states’ licenses, similar to a driver’s license.
  • Eliminates the “demonstrated competency” requirement for second and future CHL renewals, making CHL training similar to a hunting license.
  • Fixes the definition of a “loaded gun” to match the commonly accepted definition.

Chairman Wagoner has indicated that possible amendments and a vote are possible.

Buckeye Firearms Association will again be testifying in support of the bill.

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