Here is the only way to save the NRA Convention in Columbus. For some reason, I don't see Taft signing this at all.
Lawmaker aims to stop cities from restricting gun ownership
Monday, July 18, 2005
Jim Siegel
THE COLUMBUS DISPATCH
The lead sponsor of Ohio’s concealed-weapons law is crafting legislation that would prohibit cities from enacting their own gun laws, and restrict media access to gun-permit records.
The provisions are among a number of "loopholes" in Ohio’s gun laws that still need to be addressed, said Rep. James Aslanides, a Coshocton Republican.
The bill, which he expects to introduce within the next month, would ban cities from enacting laws like the one the Columbus City Council passed last week banning assaultweapon sales. It also would clarify that cities cannot ban guns from parks or other places not designated as gun-free zones under state law.
"State law would have to be the only standard," Aslanides said. "It stops municipalities from abusing ordinances so as to restrict gun ownership."
The Columbus city councilman who spearheaded the assault-weapons ban said cities should decide their gun laws.
"This would be another example of the state not caring enough about the safety of citizens when it comes to guns," Councilman Michael C. Mentel said.
Under the city’s new law, guns defined as assault weapons can no longer be sold in the city after Aug. 11. Residents who already own one must register it with the city Department of Public Safety. They have 90 days from when Mayor Michael B. Coleman signed the bill last week to register the firearm or face a firstdegree misdemeanor charge.
Such laws take away Second Amendment rights, Aslanides said.
"It’s a slippery slope that, from a public perception standpoint, isn’t needed," he said.
But stopping Ohio cities from passing gun laws is difficult, because home-rule provisions in the state constitution give local officials certain governing rights, said John Mahoney, deputy director of the Ohio Municipal League.
Generally, if the state doesn’t regulate something, local governments are allowed to pass laws to fill in the gaps, he said, as long as they don’t conflict with state laws.
"The state can’t just say, ‘We’re going to regulate it, you guys don’t touch it,’ " Mahoney said.
The situation is similar to one in February 2002, when Gov. Bob Taft signed a law regulating predatory lending that also prohibited local governments from enacting their own laws. Mahoney said a court case challenging that law is still active in Cleveland.
More than 6,200 central Ohioans obtained licenses in the first year of the concealedcarry law, according to lists compiled through mid-March. Attorney General Jim Petro’s office said 51,998 Ohioans had registered through the end of April. Supporters and state officials originally estimated the number would be around 100,000.
Aslanides’ bill could face the same hurdles that for years delayed passage of the current concealed-carry law — opposition from Taft and some sectors of law enforcement.
In particular, Aslanides wants to alter two provisions that Taft insisted upon before he would agree to sign the bill: That journalists be allowed access to county lists of those obtaining concealed-carry permits, and strict guidelines on how guns must be carried in vehicles.
Under the current law, the public cannot see who holds a permit but journalists can get the names of all concealedcarry permit holders in a particular county. Gun advocates were angered when newspapers published the lists.
Those advocates argue that making permits public discourages people from obtaining them, puts people at risk by letting criminals know who has a gun and goes against the intent of the law to allow people to carry guns in secret.
"We have to find a way to keep people from being victimized by having their names put in the paper," said Chad Baus, spokesman for Ohioans for Concealed Carry.
But the media’s watchdog role is eliminated if lawmakers close off a process that must ensure that permit recipients get proper training and criminal background checks, said Frank Deaner, executive director of the Ohio Newspaper Association.
Aslanides said his proposal would enable reporters to ask if specific individuals have obtained a permit, rather than providing them entire county lists.
That, Deaner said, is not enough.
"There has to be some way for us to look inside the system, especially since the system destroys so many records after the permit is issued," he said. "I am not aware of any instances where there was harm from the release of the lists."
The governor remains strongly supportive of the current permit access, Taft spokesman Mark Rickel said.
In the past, Petro has supported more access to permits.
"I think the limitation to have these records available only to journalists is unduly restrictive," he said in January 2004. "I think it should be open records, like anything else."
Kim Norris, spokeswoman for Petro, said this week that he hopes a balance can be struck between open records and the privacy needed to keep people safe.
Aslanides said he also wants to eliminate the requirement that a gun be in "plain sight" if a permit-holder in a vehicle is stopped by law enforcement.
Officers can have different interpretations of "plain sight," he said, and it also can lead to unsafe situations if the driver is required to move the gun so the officer can see it. Aslanides wants to remove the plain sight requirement from law, but still require a driver to tell an officer if he or she has a gun in the car.
But changing requirements involving guns in vehicles runs into potential opposition from Taft and from the State Highway Patrol.
During years of gun-law debates, Taft repeatedly said he would not sign a bill if it was opposed by law enforcement. The Highway Patrol’s demands for restrictions on guns in vehicles held up the bill before a compromise was reached in December 2003.
Lt. Rick Zwayer, spokesman for the Highway Patrol, said the agency has not taken an official position on the forthcoming bill. But the agency doesn’t see a need to change the current law, and he disagrees there has been trouble interpreting it.
"It has proven so far to be safe for passengers in the vehicle and the officers who are performing traffic stops on a daily basis," he said. "The law is safe as it is."
"It has proven so far to be safe for passengers in the vehicle and the officers who are performing traffic stops on a daily basis," he said. "The law is safe as it is."
Gun safety statements coming from the agency that injured one of their own in a circular shootout with an armed subject on I-71.
I know many an Ohio police officer that loathe the Ohio State Patrol's weapons handling and training methods (along with their political lobbying). A retired Columbus SWAT officer just told me a few weeks ago, "If there is a single police agency in Ohio that should keep their mouth shut on firearms issues, it is the Ohio State Patrol. They are the most dangerous group I have ever trained with."
He gave me the Kehoe shootout as evidence that this point of view is accurate.
Blind man leading.
Mr. Deaner of the Ohio Newspaper Association fails to see that indiscriminately releasing the names of permit holders is at best gossip and at worst a political action advocating a particular course of public policy.
Neither one is part of the media's "watchdog" role.