Eleanor Finch
On November 17, 2021, the Ohio House passed House Bill 227, which was then introduced to the Senate. The bill, which would make licensing for concealed carry optional, passed the House with a vote of 60 to 32. The bill must now make its way through the Senate before being placed on the Governor's desk for his signature. If it becomes law, this would make Ohio the 22nd or 23rd state to allow people to carry a concealed firearm without a license.
| Characteristics | Values |
|---|---|
| Date of Vote | 17 November 2021 |
| Bill | HB 227 |
| Bill Sponsor | Ohio Senator Terry Johnson |
| Bill Passage | 60-32 |
| Bill Purpose | To make licensing for concealed carry optional |
| Age Limit | 21 and older |
| Background Checks | Not required |
| Training | Not required |
| Duty to Inform | Required only when asked by an officer |
| Gun Law Ranking | 22nd or 23rd state to pass such a law |
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What You'll Learn
- Ohio Senate passes SB 215 for Constitutional Carry
- Ohio House passes HB 227
- Ohio becomes 23rd state to pass a permit-optional concealed carry law
- The Ohio House Government Oversight Committee approved the bill 8-4
- The bill removes the requirement to notify police officers about carrying a concealed weapon
Ohio Senate passes SB 215 for Constitutional Carry
On December 15, 2021, the Ohio Senate passed SB 215, a bill that seeks to make concealed carry licensing optional. The bill, sponsored by Senator Terry Johnson, passed with a vote of 23-8. SB 215 also changes the requirement to "promptly" inform a law enforcement officer when carrying a concealed handgun to only when asked by the officer. This bill is a "simple bill that merely makes licensing optional for carrying a concealed firearm," said Dean Rieck, Executive Director of Buckeye Firearms Association. It does not change the law regarding who can legally possess a firearm.
Currently, Ohioans must pass a background check and demonstrate eight hours of training to obtain a concealed carry license. SB 215 removes these requirements, along with the need to inform police officers about carrying a concealed weapon during a stop. All Senate Republicans, except Sen. Jerry Cirino, R-Kirtland, voted for the legislation, while Democrats opposed it.
The passage of SB 215 by the Senate follows the House's approval of a similar bill, HB 227, on November 17, 2021. HB 227, which also seeks to make licensing for concealed carry optional, passed with a vote of 60-32. The existence of two Constitutional Carry bills that have cleared their respective chambers increases the likelihood of one of them becoming law.
The bill now moves to the House for further discussion and approval. If passed, it will then be sent to Governor Mike DeWine for signature. Governor DeWine has long supported the Second Amendment rights of citizens to keep and bear arms. However, opponents of the bill, including Democrats, law enforcement officers, and anti-gun violence activists, urge the governor to veto it, citing concerns for public safety and the potential increase in violent crime.
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Ohio House passes HB 227
On November 17, 2021, the Ohio House passed Substitute House Bill 227, also known as HB 227, with a vote of 60-32. This bill, if enacted, would make Ohio the 22nd state to allow its citizens to carry a concealed firearm without a license, making the licensing process optional. The bill would preserve reciprocity agreements with other states that allow Ohio residents to carry concealed weapons when travelling. Additionally, it would address the "duty to inform", a confusing aspect of Ohio's gun law, which requires individuals carrying a firearm to "promptly" notify a law enforcement officer that they are carrying a weapon. The interpretation of "promptly" has varied among police agencies and prosecutors, leaving gun owners vulnerable even when they believe they have complied with the law. HB 227 would clarify that a person must notify an officer only when asked during a stop.
The Buckeye Firearms Association (BFA) has collaborated with the NRA, House leadership, and the House Government Oversight Committee to secure the votes necessary to pass this bill. BFA Executive Director Dean Rieck stated that "Ohio is far behind other states in recognizing Ohioans' right to freely carry firearms without a burdensome licensing process." Similar sentiments were echoed by Republicans and gun rights advocates, who argued that carrying a concealed weapon is an extension of the right to bear arms, as provided by both the state and federal constitutions.
Currently, Ohioans must undergo a background check and demonstrate eight hours of training to obtain a concealed carry license. The Senate Bill 215, which is similar to HB 227, was passed by the Ohio Senate, eliminating these requirements. However, the House and Senate must agree on a final version of the legislation before it can be sent to the Governor Mike DeWine for approval. While the governor has expressed support for the Second Amendment rights of citizens to keep and bear arms, he is reviewing the bill.
The passage of HB 227 by the Ohio House represents a significant step towards Constitutional or "Permitless" Carry in the state. It remains to be seen whether the bill will pass through the Senate and receive the governor's signature to become law, making concealed carry licensing optional in Ohio.
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Ohio becomes 23rd state to pass a permit-optional concealed carry law
On November 17, 2021, the Ohio House passed Substitute House Bill 227 with a vote of 60 to 32. This bill, also known as the "Constitutional Carry" or "permitless carry" bill, would make licensing for concealed carry optional for anyone over the age of 21. The bill was then introduced to the Senate, where it passed, making Ohio the 23rd state to pass a permit-optional concealed carry law.
The bill addresses one of the more confusing aspects of Ohio gun law, the so-called "duty to inform." Under the previous law, a person encountering law enforcement must "promptly" notify an officer that they are carrying a concealed weapon. The word ""promptly" has been interpreted differently, leaving gun owners in a vulnerable position. HB 227 removes this ambiguity by clarifying that a person must notify an officer only when asked during a stop.
The bill also eliminates required training and the requirement that individuals inform police officers that they are carrying a concealed weapon. Republicans and gun rights advocates argued that carrying a concealed weapon is a constitutional right, as the state and federal constitutions provide citizens with the right to bear arms. They also pointed out that Ohio law already allows residents to openly carry firearms. Anti-gun violence advocates and law enforcement officials, on the other hand, argued that the legislation removes reasonable training requirements and will lead to more guns on the streets, potentially resulting in increased gun violence.
Despite these concerns, Gov. Mike DeWine signed the bill into law, and it went into effect on June 12. This move has been welcomed by gun advocates. However, many have raised concerns about a potential rise in crime. Stanford Law professor John Donahue, for example, predicted that the number of gun thefts in Ohio would increase as more people carry guns.
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The Ohio House Government Oversight Committee approved the bill 8-4
On October 28, 2021, the Ohio House Government Oversight Committee approved Substitute House Bill 227 by a vote of 8-4. The bill would make Ohio the 22nd state to allow people to carry a concealed firearm without a license.
Under the bill, licensing would become optional, and those who wish to obtain a license would still be able to do so. This provision preserves reciprocity agreements with other states that allow Ohio residents to carry concealed weapons when they travel. For those who choose not to apply for a license, anyone 21 years of age or older may carry a concealed firearm as long as they are not prohibited by law.
The bill also addresses an ambiguous aspect of Ohio gun law known as the "duty to inform." Under current law, a person encountering law enforcement must "promptly" notify an officer that they are carrying a firearm. The word "promptly" has been open to interpretation, leaving gun owners vulnerable to potential legal consequences even if they believe they have complied with the law. HB 227 clarifies that a person must notify an officer only when asked during a stop.
The approval of the bill by the Government Oversight Committee was a significant step toward Constitutional Carry in Ohio. However, it still needed to pass through the Senate and be placed on the Governor's desk for signature before becoming law. The bill faced opposition from anti-gun violence advocates and law enforcement officials, who argued that removing training requirements and increasing the availability of guns would contribute to more gun violence. Despite these concerns, the bill ultimately passed, and with Governor Mike DeWine's signature, Ohio became the 23rd state to pass a permit-optional concealed carry law.
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The bill removes the requirement to notify police officers about carrying a concealed weapon
On November 17, 2021, the Ohio House passed Substitute House Bill 227, which was then introduced to the Senate. This bill, also known as HB 227, would make licensing for concealed carry optional. The bill removes the requirement to notify police officers about carrying a concealed weapon, addressing the confusing "duty to inform" aspect of Ohio's gun law. Under current law, citizens must "promptly" inform officers that they are carrying a concealed weapon, but HB 227 removes this ambiguity by clarifying that a person must notify an officer only when asked during a stop. This change is supported by gun rights advocates, who argue that carrying a concealed weapon is an extension of the constitutional right to bear arms.
The passage of HB 227 by the House was a significant step toward Constitutional or "Permitless" Carry in Ohio. This bill must now navigate the legislative process in the Senate before it can be sent to the Governor for signature. If enacted, Ohio would become the 22nd or 23rd state to allow constitutional carry, following similar legislation in other states. The bill has faced opposition from Democrats, anti-gun violence advocates, and law enforcement officials, who argue that removing training requirements and allowing more guns on the streets will contribute to increased gun violence.
Ohio's current law requires individuals to undergo a background check and demonstrate eight hours of training to obtain a concealed carry license. The Senate Bill 215 (SB 215) and HB 227 aim to remove these requirements, with SB 215 already passing in the Senate. Despite concerns about a potential link between rising gun violence and relaxed gun laws, Senate President Matt Huffman denied any correlation, emphasizing the constitutional right to bear arms.
The debate surrounding Constitutional Carry in Ohio highlights the tension between gun rights advocates and those concerned about public safety. While some argue that removing restrictions on concealed carry is a constitutional issue, others worry about the potential impact on gun violence and related arrests, as seen in the record-setting numbers in 2020. As the legislative process unfolds, the outcome of these bills will have significant implications for gun laws and public safety in Ohio.
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Frequently asked questions
The Constitutional Carry law in Ohio, also known as "permitless carry", makes licensing for concealed carry optional.
The Ohio House passed the Constitutional Carry bill, HB 227, on November 17, 2021, with a vote of 60 to 32.
The Constitutional Carry law was signed by Governor Mike DeWine, making Ohio the 23rd state to pass a permit-optional concealed carry law. The law went into effect on June 12.
The law makes licensing for concealed carry optional and eliminates the requirement for training. It also removes the need to "promptly" notify police officers about carrying a concealed weapon. However, it does not eliminate a business's right to ban guns on their property.
The law has been welcomed by gun advocates but has also raised concerns about a potential increase in crime and gun violence.
