Monday, February 3, 2014

OHIO House Bill 203 Status Unclear

So, here I was assuming that since we have a GOP house, a GOP Senate and a GOP Governor that HB203 and its needed CCW reforms would roll right on through to Ohio Law. However, it passed the House with flying colors back in November of 2013 and is now sitting unassigned to a committee in the Senate. In other words, its been pigeon holed. Some newspapers in Cleveland wrote op-eds claiming its a "stand your ground, kill the little kids law" (which isn't true) and now it looks like the Senate is going to stay away from it to avoid trouble in an election year that would see 1/3 of the Senate members up for re-election.

This law was supposed to:
1. Have all county sheriffs use the same application form
2. Make it easier for the Attorney General of Ohio to determine whether another state had reciprocity with Ohio's CCW laws.
3. Makes it simpler to prosecute anyone who lies on a CCW application.
4. Changes the training hours from 12 to 4. This is good since the 12 hour class I took was only 4 hours of information anyway. Making people sleepy doesn't abet learning.
5. Clearly states a number of things that CCW permit holders cannot do (citizens arrests, etc). The gun can only be used in lawful defense during legal activities. If you're a criminal breaking the law, you cant use self-defense as a defense in court for shooting someone whilst breaking the law.
6. Defines imminent danger.
#7. You do not have a duty to retreat if you are anyplace you are legally allowed to be. Previously you had a duty to retreat if you werent in your home or car. Now the law corrects that problem, allowing you to defend yourself wherever you may be with your CCW, as long as you are legally allowed to be there.
This is not the same as the stand your ground law in Florida and certainly does not provide the legal defense shenanigans that the Florida law provides for. You can't chase someone down, you cant instigate the encounter, you cant insult, shout or be belligerent and THEN pull out your CCW.

This is a common sense piece of legislation and I hope the Senate takes it up soon.

1 comment:

Donny Lee said...

Those senators who oppose this bill will be voted out of office. This is a common sense fix to this ridiculous duty to retreat outside your home/car. This would get the innocent CHL holder possibly killed quicker than anything.