In Ohio, where the legislature in recent years has eased restrictions on concealed carry, even over the objections of some law enforcement groups, a battle is being waged over just where to draw the line.
Five bills currently pending in the Ohio General Assembly would allow permit holders to carry their weapons in state-owned parking garages — such as below the Ohio Statehouse — loosen permit renewal requirements, eliminate required gun safety training and background checks, and automatically expand the system for recognizing CCW permits issued by other states.
Gun advocates had been working with Ohio lawmakers to pass a “Stand Your Ground” law similar to what Florida has, said Jim Irvine, spokesman for the pro-gun Buckeye Firearms Association, though he noted that the Martin case “put a chill on it.”
The 17-year-old Martin was shot to death in Florida on Feb. 26 after an encounter with armed neighborhood watch volunteer, George Zimmerman, 28, who faces trial on a charge of second-degree murder.
Irvine said the gun lobby in Ohio has been successful for two reasons.
“Number one is the facts are on our side,” he said. “We were the last state to adopt concealed carry, so we were not breaking any new ground here. The other piece is gun owners, particularly concealed carry owners, are politically active.”
‘Scary’ bills
After reviewing the current bills being proposed in Ohio, Dayton Police Chief Richard Biehl said, “Some of them are scary.”
Biehl, Montgomery County Sheriff Phil Plummer and Miami County Sheriff’s Chief Deputy Dave Duchak singled out two bills — House Bill 256 and House Bill 422 — as particularly troublesome.
HB 256 would eliminate background checks and gun safety classes required for concealed carry permits, while HB 422 would repeal the requirement that a permit holder who is pulled over in a traffic stop alert law enforcement that he or she has a loaded weapon.
“Those two are bad law in a significant way,” Biehl said.
The sponsors of the bills could not be reached.
Duchak said the HB 422 could put both law enforcement officers and permit holders at risk.
If an officer is not informed and sees a gun “that person is going to be getting drawn down on,” he said. “That potentially puts the CCW holder in jeopardy.”
“This bill not only keeps the officer unsafe but it is completely unsafe for the permit holder.”
Classes teach students how to handle a weapon safely and react in a stressful situation.
Plummer added that the classes reinforce the immense responsibility of firing a weapon.
Clark County CCW instructor Butch Adams, who has offered NRA-certified courses for several years through his company, CCW4U2, is also in favor of gun safety courses.
But, he said, he’s keeping a close eye the proposed legislation.
“We’re not seeing vigilantism,” Adams said of those licensed to carry a concealed weapon. “The trouble we’re seeing is not from (licensed) carriers.”
That’s not the most troubling point, says Plummer.
“If you get in a shootout and people aren’t overly trained on accuracy, you are going to have bullets flying all over the place,” he said.
Personal protection
Toby Hoover of Ohioans Against Gun Violence said over the years the gun lobby has chipped away at restrictions that were in the original CCW law — limits that were sold as protections against dangerous situations that could arise.
The original concealed carry weapons law took effect April 8, 2004, and established rules for who can get permits, what training they must have and where and how they may carry their weapons. It also allowed journalists — but not the general public — to obtain records of who received permits, and it set up a system to let the attorney general determine whether Ohio would recognize permits issued in other states with substantially similar CCW requirements.
Since then, state officials pushed through changes so that CCW permit holders may now carry weapons in restaurants and bars that sell liquor, in state highway rest stops, in school safety zones and in stores that sell carry-out alcohol.
Pro-gun Ohioans won other legislative victories over the years: Local governments can no longer pass their own gun laws, concealed weapons may be carried inside passenger compartments of cars, and journalists may see — but not copy — permit holder records.
Another big win for gun rights advocates came in 2008 when Gov. Ted Strickland signed the “Castle Doctrine” law. Under this statute, if someone breaks into an occupied home or occupied vehicle, the occupant is granted the initial presumption of self-defense, has no duty to retreat before using force in self-defense, and is given immunity from civil lawsuits brought later by the attacker.
Many of these changes were controversial, and several — including allowing guns in bars — were passed over the objections of law enforcement.
Although so far that provision hasn’t caused many problems, “It’s way too early to tell the impact of guns in bars,” said Jay McDonald, president of the Ohio Fraternal Order of Police.
Plummer, on the other hand, said the law has “worked out just fine.”
“We haven’t had any cases where anybody has committed a crime that had a permit,” he said. “And we haven’t had any cases where anybody has interceded in a crime that has a permit.”
Added Adams: “People want the right to defend themselves. The laws we have now are getting better and better.”
A level playing field
The expansion in the number of people having CCW permits is a reflection of society, said gun advocates.
Evan English, president of Olde English Outfitters, a Tipp City gun retailer, said first-time gun buyers are motivated by safety concerns and the desire to enjoy sport shooting.
“People are looking for the thing that puts them on the level playing field with the criminals,” said English. “But many people are also looking at a hobby where recreation is fun. Hitting a target is fun.”
Hoover said Ohio is on a slippery slope by constantly expanding the boundaries of what is legally permissible.
“First, you arm everyone because they’re law-abiding. Then you give them permission to shoot and then you wonder why you have the results you have as in Florida,” said Hoover, referring to the Martin case. “Law-abiding is not a permanent condition.”
If legislators push a “Stand Your Ground” law, like the one in Florida, Biehl made clear that he will line up in opposition.
The law allows individuals facing a deadly or serious threat in public to meet force with force, rather than retreat.
“Clearly the highest right in America is the right to life,” said Biehl. “Are we willing to have that right placed at risk because we think someone should be able to ‘stand their ground?’ ”
For now, Irvine said, the priority for gun rights advocates is House Bill 495, which would streamline permit renewals and expand “reciprocity” by automatically recognizing permits issued by all other states.
Currently, the attorney general may sign reciprocity agreements only with other states that have substantially similar training requirements for their CCW permit holders. Ohio has agreements with 23 states. House Bill 495 would expand it to include 48 states.
Duchak and Biehl are concerned about that bill as well, saying Ohio should have reciprocity only with states that have equally strict standards for permit holders.
“I think it would do well for our state legislators to listen to law enforcement officers more,” said Duchak. “We are their constituents as well.”
“This is so controversial, but we’re going to keep going until it’s as commonplace as cellphones,” Adams said.
Staff Writer Mark McGregor contributed to this report
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