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Hask12
01-22-2008, 10:50
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Home » Content
Your Ohio legislators need to hear from you
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Submitted by cbaus on Tue, 01/22/2008 - 00:10.

* Ohio Legislation
* Ohio Politics

When the 127th General Assembly was sworn in at the beginning of 2007, there were high hopes among gun owners. Although Republicans lost their super-majorities in both chambers of the legislature, Ohio voters had preserved a strong pro-gun majority in the House and Senate, and for the first time in recent memory, they had elected a truly pro-gun Governor in Democrat Ted Strickland.

More than half of the tenure of the 127th General Assembly is now over, and gun owners have nothing to show for the blood, sweat and tears they poured into campaigns through volunteering, donations, spreading the word to friends and family, etc.

The Legislature seems to think Ohio gun owners are fine with the lack of progress on our many issues. If you do not feel this way, it is time for you to let your legislators know.

To help in this endeavor, Buckeye Firearms Association is beginning a campaign to assist gun owners in contacting their state representatives and senators regarding the lack of legislative progress on specific topics relating to gun ownership.

Each week over the next several weeks, we will feature a new Emergency Action Item that needs to be addressed by the 127th General Assembly.

Emergency Action Item, Week of January 21:

Issue: The General Assembly made unloaded transportation of a handgun in Ohio illegal, and unloaded transportation of other firearms is a confusing trap for the unwary.

Impact: All firearm owners and persons visiting Ohio with firearms. (Not a concealed carry issue.)

For Specifics, download the official white paper here. (.pdf)

BuckeyeFirearms.org's RepWrite feature allows concerned Ohioans to write their elected officials, even if they don't know who they are.

Please take a moment to use our RepWrite feature to contact your State Representative and Senator. As always, feel free to modify our letter and make it your own, but remember to always keep it polite and professional.

After you have contacted your state representative and senator, please help us spread the word to other gun owners. Many issues, including this one, effect ALL gun owners.

We need your help in getting as many people as possible to contact
their legislator if we are to get any bills passed in the remaining months of this session.
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firedog978
01-23-2008, 07:52
I appluad BFA on their work concerning this. Thank you.
It sounds as though the new website is a jewel in the crown of pro-gun concerns.

I'll be doing my part on the OP's request.

Syclone538
01-23-2008, 12:47
Home
...
Emergency Action Item, Week of January 21:

Issue: The General Assembly made unloaded transportation of a handgun in Ohio illegal, and unloaded transportation of other firearms is a confusing trap for the unwary.

Impact: All firearm owners and persons visiting Ohio with firearms. (Not a concealed carry issue.)
...


Could you expand on that a little? Unless something has went terribly wrong (which I kind of doubt because I haven’t heard of it) it sounds very misleading. Is it now illegal to take any handgun anywhere in a vehicle in Ohio unless you have ccw?

Linda
01-24-2008, 06:49
Nothing misleading at all. Transport was inadvertently stripped away by HB12, four years ago. Wasn't intentional, just happened, and hasn't been fixed in four years! A lot of people have no clue that they are breaking the law when they put a firearm in their car, other than to conceal carry a handgun.

Here's an "issue" sheet that we have been using to explain this problem:

WOMAN CONVICTED FOR HAVING AN UNLOADED HANDGUN IN A CASE IN HER OWN CAR!!! COURT RULES THERE IS NO LEGAL TRANSPORTATION OF AN UNLOADED HANDGUN IN OHIO!!
EMERGENCY ACTION NEEDED!!!


Issue: The General Assembly made unloaded transportation of a handgun in Ohio illegal, and
unloaded transportation of other firearms is a confusing trap for the unwary.
Impact: All firearm owners and persons visiting Ohio with firearms. (Not a concealed carry
issue.)
Specifics: Due to poor drafting in H.B. 12, the Ohio General Assembly mistakenly removed the
ability for a gun owner to transport an unloaded handgun in a motor vehicle. Specifically, H.B.
12 made a change to R.C. § 2923.12 that was intended to remove the prior “prudent man”
affirmative defenses to a charge of carrying a concealed weapon. Unfortunately, included in the
section removing the “prudent man” affirmative defenses was the language allowing for the
transportation of an unloaded handgun under R.C. § 2923.16. Thus, when the General Assembly
changed the language in R.C. § 2923.12(D) to “It is an affirmative defense to a charge under
division (A)(1) of this section of carrying or having control of a weapon other than a handgun
…” the affirmative defense of legal, unloaded transportation of a handgun was wiped out right
along with the “prudent man” affirmative defenses.
Even without this drafting error, there is a tremendous amount of uncertainty associated with
transporting any firearm in Ohio. The existing case law on unloaded transportation, which is
confusing and contradictory, leaves people at the discretion of the police due to incredibly
varying interpretations of what “unloaded” means. In Ohio someone can be guilty of a crime for
transporting an unloaded rifle in their car simply because ammunition is somewhere nearby. The
origin of this problem is two-fold: First, both the concealed carry statute (2923.12) AND the
transportation statute (2923.16) are used against people transporting firearms in cars, and
Second, there are no definitions or guidance on what “loaded” or “unloaded” mean in the context
of a car.
Action Needed: The Ohio General Assembly needs to fix the unintended change made by H.B.
12. Legislation should be passed, as soon as possible, restoring the ability of gun owners living
in, or traveling in, Ohio to transport unloaded handguns. Further, the General Assembly should
take this same opportunity to correct 25 years of bad case law by providing that only one statute,
R.C. § 2923.16, controls the transportation of unloaded firearms in motor vehicles, and by
further providing for a concrete, reliable method, not open to interpretation and including
definitions, to transport unloaded firearms with a statutory “safe harbor” provision.

Racsan
01-24-2008, 09:06
Could you expand on that a little? Unless something has went terribly wrong (which I kind of doubt because I haven’t heard of it) it sounds very misleading. Is it now illegal to take any handgun anywhere in a vehicle in Ohio unless you have ccw?

Yes, it is really that screwed up. In fact, just this past October, the Ohio Supreme Court specifically told legislators the law is screwed up when they upheld the Davis conviction. See: http://www.buckeyefirearms.org/node/3984

or read the actual ruling here: http://www.buckeyefirearms.org/publicfiles/OSC_Davis.pdf

Where the ruling was:
Compliance with R.C. 2923.16(C) is an affirmative defense only for a charged violation of R.C. 2923.12(A)(1) and is not an affirmative defense for a charged violation of R.C. 2923.12(A)(2).

and where in the concurring opinion, the justices state:
"Accordingly, I reluctantly concur with the majority opinion and urge the General Assembly to further consider the troublesome interplay between these statutes."

This basically says if you follow the law for proper transport of a handgun as defined in RC2923.16(C), you are carrying a concealed weapon. This is a felony for anyone without a valid Ohio Concealed Handgun License.

If you haven't heard about this, chances are others have not either. It is way past time for every gun owner in Ohio call their Senator and Rep until this gets changed.

Syclone538
03-08-2008, 04:15
Any news on this? Any progress being made?

Hask12
03-08-2008, 06:57
Castle doctrine bill will come hopefully for committee vote on March 12 and then place on the Senate Floor for consideration. Maybe an amendment will be added, who knows.
The State Supreme Court is scheduled to hear oral arguments for the City of Clyde vs. OFCC on May 9. This should be a slam dunk since we now have State Preemption.

G30 OH
03-08-2008, 18:29
Castle doctrine bill will come hopefully for committee vote on March 12 and then place on the Senate Floor for consideration. Maybe an amendment will be added, who knows.
The State Supreme Court is scheduled to hear oral arguments for the City of Clyde vs. OFCC on May 9. This should be a slam dunk since we now have State Preemption.

I think the oral arguments for OFCC vs. Clyde are scheduled for April 9th.

Hask12
03-08-2008, 23:30
April 9 it is