Date: Fri, 21 Jul 1995 20:16:47 -0400
To: firearms-alert@shell.portal.com
From: gregkopp@en.com (Greg Kopp)
Subject: OHIO CCW: Information on SB68

As you may already know, SB68 has passed the Ohio Senate by a very wide
margin. I finally recieved my copy of the bill as passed.

Although the bill is non-discretionary, I do find a few problems with the
emasure. First, Sec. 2923.123 (A) (2) states:

A LICENSE TO CARRY A CONCEALED FIREARM ISSUED PURSUANT TO THIS SECTION DOES
NOT AUTHORIZE A PERSON TO CARRY A CONCEALED FIREARM INTO ANY OF THE
FOLLOWING PLACES:

(for space considerations, I will only list those questionable)

(c) A PUBLIC MEETING;
(d) (to paraphrase..any governement building of any level);
(g) A PLACE WHERE A SCHOOL, COLLEGE, UNIVERSITY, OR PROFESSIONAL ATHLETIC
EVENT IS OCCURRING, UNLESS THE EVENT IS RELATED TO FIREARMS AND THE
LICENSEE IS A COMPETITOR IN THE EVENT;

I guess this means if your going to be anywhere where there might be PEOPLE
that you can't carry your weapon.

Also, the measure doesn't seem to have a definite time limit on processing
the application. There are time limits on when a request for background
checks must be made, but subsequent wordings merely state "upon recieving
the records", etc., but doesn't say how soon after recieving them.

The last thing here is in Sec.2923.123(C)(1)(f):

{The sherrif shall}:
OBTAIN FROM THE PERSON A STATEMENT DEMONSTRATING A NEED FOR THE LICENSE
THAT STATES EITHER OF THE FOLLOWING:
(i) THE PERSON WANTS THE LICENSE SO THAT THE PERSON CAN CARRY A CONCEALED
FIREARM FOR DEFENSIVE PURPOSES WHILE THE PERSON IS ENGAGED IN OR WOULD BE
GOING TO OR FROM THE PERSON'S LAWFUL BUSINESS OR OCCUPATION, AND THE
PERSON'S BUSINESS OR OCCUPATION IS OF A CHARACTER OR IS NECESSARILY CARRIED
ON IN A MANNER OR AT A TIME OR PLACE THAT RENDERS THE PERSON PARTICULARLY
SUSCEPTIBLE TO CRIMINAL ATTACK AND THAT WOULD JUSTIFY A PRUDENT PERSON IN
GOING ARMED.

(ii) THE PERSON WANTS THE LICENSE SO THAT THE PERSON CAN CARRY A CONCEALED
FIREARM FOR DEFENSIVE PURPOSES WHILE THE PERSON IS ENGAGED IN A LAWFUL
ACTIVITY, THE PERSON HAS REASONABLE CAUSE TO FEAR A CRIMINAL ATTACK UPON
THE PERSON, A MEMBER OF THE PERSON'S FAMILY, OR THE PERSON'S HOME, AND THE
PERSON'S FEAR WOULD JUSTIFY A PRUDENT PEWRSON IN GOING ARMED.

further in 2923.123(C)(3) when describing the actual license card:
... THE LICENSE SHALL STATE THE REASONS FOR WHICH IT IS CARRIED.

And Section 2923.123 (A)(1) states:
...THE LICENSE HOLDER OF A LICENSE TO CARRY A CONCELAED FIREARM ISSUED
UNDER THIS SECTION MAY CARRY A CONCEALED FIREARM ... FOR PURPOSES
CONSISTENT WITH THE REASONS FOR WHICH THE LICENSE WAS ISSUED.

I'm no lawyer, but as I read this, I see some serious problems here. When I
go downtown for a 7PM Cleveland Indians game, beacuse it's a professional
sporting event, I can't carry my weapon so as I come out of the game at
11PM and it's nice and dark up and down the streets of downtown Cleveland
or in the darkness of a parking garage, I'm a pretty good target. Or what
about the honest citizen that's in a bank, that shouldn't have too many
reasons to expect a criminal attack, yet the bank gets robbed. Or if you
just happen to be sitting down for lunch with your parents in a caffeteria
like those in Killeen, Texas and some nutcase starts shooting up the place.
If your just going to lunch, does that constitute a prudent person going
armed?

Not to mention if I'm a businessman and I carry large sums of money, I can
carry it during that transportation, etc., but once I'm finished, I would
no longer have a "need" to carry it, since I can only state "EITHER" of the
two needs in 2923.123(C)(1)(f)(i) and (ii).

Furthermore in 2923.12(A)(B) {A redifinition of illegal concealed carry} states:
DIVISION (A)(2) OF THIS SECTION {illegal to carry a concealed firearm} DOES
NOT APPLY TO A PERSON WHO HAS ON HIS OR HER PERSON A VALID LICENSE TO CARRY
A CONCEALED FIREARM ISSUED UNDER SECTION 2923.123 OF THE REVISED CODE AND
WHO CARRIES THE FIREARM {here's the stupid part} IN A SHOULDER OR WASIT
BELT HOLSET, HIPGRIP, OR OTHER SIMILAR DEVICE OR IN A HANDBAG, PURSE,
ATTACHE CASE, BRIEFCASE, OR OTHER CLOSED CONTAINER.

Have you ever tried drawing a gun from a inside-waist-band holster while
sitting in a car? Hasn't the legislature ever heard of car-jacking? Why
can't I keep my gun on the front seat and in plain view? The law
specifically prohibits carrying a loaded weapon in a car in any manner
excpet that described above.

I see promise in this legislation if it can be changed in the House to
require the sherriffs office, and all other offices invloved to complete
the investigations and paperwork in a time limit. And there also needs to
be a statutory limit on what the Attorney General can charge for the
license. We here in Ohio have been stuck with $15 brady background fees
because the AG has too much power.

If anyone is interrested in a copy of the bill, I will attempt to scan it
in and OCR it for deposit in the NRA's or some other ftp site.

This is greg's signature file!