Thursday, November 30, 2006

To: Joanna, Re: Bad Stuff in HB347

Joanna asked what the bad things were in HB347. The comment was getting too long, so I'm putting it here. (Apparently, I must not talk enough about this stuff at home. I'll have to change that.)

The bill originally passed the House. The Senate took some stuff out and added some stuff in.

First, the bill had a provision to "surrender" your legal handgun if you're drinking. There is a current law (which I agree with) that says a CHL holder can not carry if they've had one tiny sip of alcohol. None. Nothing. That's cool.

This provision would've let me "surrender" my firearm to someone that hasn't been drinking instead of being forced to go home and lock it up before having one beer at Applebee's. It was argued that "someone would carry and drink and only surrender when they saw they were getting pulled over." I can buy that argument except for the fact that the hoops we jump through prove CHL holders don't usually intentionally break the law. I'm not about to risk a felony for that. Anyway, that got taken out.

Second, they removed a portion that would allow a CHL holder to opt out of the media's access to their personal information. You guys have heard me talk in the past about this. The Cleveland Plain Dealer is the worst in misusing this privilege the legislature created for them. That was taken out. (But it was re-inserted in another bill, HB9 that is pending).

Now, the Senate also added some stuff. For some reason, whenever Ohio opens the Pandora's Box that is pro-gun legislation, new felonies just appear out of nowhere. Many people across the country think OH is nuts for this. The anti-gun legislators say, "You want to carry your concealed firearm concealed in the car? Well, then I'm going to up the penalties on stuff for no reason to compensate."

Specifically, the bill as passed harshens the current law that says a CHL holder has to "immediately notify" when carrying by making it a 1st degree misdemeanor instead of 3rd degree for the first offense. They also added a 1-year suspension of your CHL. Second violation would be a felony. It also makes you have to notify a "a highway patrol motor carrier enforcement inspector." I have no idea what the hell that is, but I'm pretty sure it only applies to semi-truckers.

"Failure to lawfully comply with an order" was harshened with a 2-year suspension of a CHL.

The cost of the application was raised to a max of $55.

There's more, but that's what sticks out right now. Nothing huge, but there is definitely something to be said for harshening penalties that aren't a problem now. As far as official records go, NOT ONE person has been convicted of failing to notify an officer that they are legally carrying. Why increase the penalty when there's no need? Feel good legislation at its best.

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