YOUR LEGAL RIGHTS | Ohio’s gun laws are changing on Monday. Here’s a breakdown
At the risk of appearing to be a Johnny One Note, I am, for the third consecutive column, writing about gun-related issues. I hope this will be the last time I address the topic for a while because that would mean the senseless slaughter that began with the Tops Supermarket massacre on May 14 has abated.
It is hard to be optimistic, however, given that more than 30 mass shootings have occurred in the U.S. since then.
Firearms are once again on my mind this week because Ohio’s new “constitutional carry” concealed weapons law goes into effect on Monday. The legislation, which was passed by the General Assembly and signed by Gov. Mike DeWine over the objections of Ohio law enforcement, significantly alters the rules that apply to possessing and transporting a handgun in the state.
I will discuss those rules in a moment, but first I want to review the process that led to the enactment of the law, because it provides a stark illustration of why it has been incredibly difficult to pass common sense gun safety regulations at the state and federal level.
On Jan. 26, 2022, WKYC news ran a story, “Ohio Gov. Mike DeWine made written policy ‘promises’ to the gun lobby. Will he keep them?” that lays out exactly what happened. According to the report, as a candidate in 2018, DeWine promised Buckeye Firearms, the state’s leading pro-gun lobby, in writing that he would sign two of the group’s priority bills if they reached his desk: A new “stand your ground” law that fundamentally changed the definition of self-defense, and constitutional carry. Passage of the two bills was a mortal lock, given that both the state House and Senate were and are dominated by pro-gun legislators.
Less than a year after DeWine took office, a 24-year-old wielding an AR-15-style assault rifle killed nine people and wounded 17 others outside a Dayton bar. After attending a funeral for one of the victims, DeWine wrote to the man’s son Dion Green and said, “As governor, I will do everything that I can to see that something positive comes out of this horrible tragedy. I believe that we can do things to make everyone safer. While we know that can’t bring your dad back, we (I) owe it to all victims to try.” DeWine then proposed a set of gun safety measures he named the “Ohio Strong” bill, which Buckeye Firearms vigorously opposed.
The governor’s two promises were obviously in conflict. We know which one he kept.
Which is why we will now turn to what you need to know about the new constitutional carry law.
Ohioans will no longer need to apply for a license at the sheriff’s office, undergo firearm safety training or a background check to concealed carry.
The law applies to qualified adults: Persons who are at least 21 years old, are living legally in the United States, are not fugitives from justice, under felony indictment or charged with certain felonies and misdemeanors, are not mentally incompetent or defective, have not had their concealed carry license suspended or revoked, have not been dishonorably discharged from the U.S. armed forces, and are not subject to a civil protection order.
The law eliminates the requirement that persons promptly notify law enforcement officers that they are carrying a concealed weapon. They must only divulge that fact if the officer asks. Here is a sidebar: Do yourself a favor. If you are stopped, take the initiative and tell the officer you are carrying, where the weapon is and whether it is loaded.
Handguns may now be transported in any part of a car or truck: On the seat, under the seat, between the seats, in the glove box, console, etc.
The new law maintains the prohibition against carrying a concealed handgun into schools and colleges, police, sheriff or state highway patrol stations, jails, airports and airplanes, and day care centers. Business owners may also continue to prohibit concealed carry in their establishments.
Opinions vary about whether the new constitutional carry and stand your ground laws will make the state safer or more dangerous and how they will be adjudicated when cases arising from them begin to work their way through the courts.
But please heed this advice: For your sake and the safety of others, think carefully about how, whether and when to exercise the new rights you have been granted or you will be placing your fate and future in the hands of prosecutors, judges and juries.
