OH Concealed Carry Reform

I won't get into gory details of the whole bill because you guys probably don't care too much, but I'd be remiss not to mention that the most sweeping concealed carry reform legislation passed both the OH Senate and the House this afternoon.

It does many things, both good and bad (from my point of view -- perhaps not yours). The two big things that it changes in my favor:

1) Grant preemption regarding firearm laws. Preemption means that local governments can not pass more restrictive laws than what State law says. This is common sense that almost every other "right to carry" state has. (Don't quote me, but I'm pretty sure it's 44 out of the 48 states that have carry laws have preemption.) Right now, there is a quiltwork of local laws all over Ohio regarding firearms. For example, in Cinci, you can only possess magazines that hold 15 rounds or less. In Columbus, you can possess magazines with a capacity of 20 rounds or less. In Toledo, you can possess any magazine, but only load it with 10 rounds. Color me confused.

There are thousands of other examples, all the way to a tiny town near Toledo (Oregon, OH) that outright prohibits carrying a firearm in any public place. I bet that one unknowingly breaks many laws (including some felonies) when carrying a legally licensed firearm on the interstate between Dayton and New Phila. How is one supposed to know every single tiny ordinance? Shouldn't every Ohioan have the same applicable laws regarding firearms?


2) It strikes down Ohio's requirement that a concealed firearm has to be "in plain sight" when in a motor vehicle. You thought the issue was Concealed carry, didn't you!? Silly reader. Ohio is the only state out of all 48 that has this ridiculous provision. If I were a lawmaker, I'd want to talk to other state legislatures to find out what has worked and what hasn't. Ours sure didn't do that. There's years and years of historical data out there going unused.

Anyway, "plain sight" is bad for many reasons. First and foremost: Safety. While I am very confident in my training and constant attention to the basic safety rules of firearms, I think everyone can agree that the less you handle a loaded gun, the better. Ask any cop: "Sir, would you like to unholster your loaded handgun with a car full of people to reposition it every time you get in and out of your car?" I wonder what he'd say. A lot of people simply tuck their coat behind them in the car. That doesn't work for me. Both of our SUVs have a tall center console that blocks view of my right side at all times. I have to walk to my car concealed, get in, get my extra holster from the glove compartment, wriggle around to safely unholster while sitting down, make sure I never point it at anything I wouldn't want to destroy, insert the loaded gun into the new holster, then stick that holster in my front pants pocket to make it visible. Then reverse all that when I get to whereever I'm going. Have a few errands to run? You'll be unnecessarily handling a loaded gun 4, 6, 8 times! Are you a woman that wants to carry in a purse? Impossible to do in Ohio.

Second reason it's bad: Ambiguity. There is no definition anywhere of "in plain sight". There are confirmed accounts of people getting severely hassled because the cop approached the passenger side and complained that they can't see it. The driver purposely put it on their left leg because they thought that's where the cop would approach. Also, it is completely unknown when you have to unconceal. The letter of the law says it must be in plain sight while in a motor vehicle. So I guess I technically break the law when I do it inside the car. Am I to do it outside the car in the middle of a busy mall parking lot? That might not be legal either.

Third reason it's bad: "Man with a gun!" calls. This is rare, but there are confirmed cases of people getting the cops called on them for following the law. I'm very wary of this. What do I do on a motorcycle? Answer: I was forced to open carry some times. That felt pretty weird.

One Ohioans For Concealed Carry member had his day severely ruined earlier this summer. If you have a minute, watch the beginning of the cop's dashcam video below and see how the cops treated this law-abiding citizen for open carrying in the car as mandated by Ohio. If you don't wanna watch, I'll spoil it. Someone saw his gun at a gas station. The cops were called. They pulled him over. Forced him to climb out of his car window because his doors automatically lock when he drives and he needed to keep his hands visible. Made him lay face down on the gravel on a busy road, approached him with a fully automatic rifle pointed at his head, cuffed him, then found out he has a license to carry. That could be me.



Fourth reason it's bad: It pisses me off! It can only be applied to someone that has jumped through all of the hoops. Someone that has received mandatory training (the most stringent in the country BTW), been fingerprinted, passed a Federal background check, paid a fee, and waited months to get the license. These are not the people we need to be worried about. There is not a law on the books that says someone (not licensed) carrying a gun illegally in a car has to do it in plain sight. By definition, a bad guy could never be charged with a crime that I could. Ridiculous.

There is a law on the books that says someone carrying with their license has to notify immediately when stopped for a law enforcement purpose. There is not a law that says "everyone carrying a gun must immediately notify". Several crimes are specifically tailored to me that could never be applied to Joe Gangbanger. Is that right?


So, this legislation is going to the Governor's desk. Early reports say that Taft will veto it. Right now there are sufficient votes in the House and Senate to override. However, time is a factor as the year is winding down and legislators work about 4 hours a week.