Ohio's Constitutional Carry: Governor's Signature Imminent?

when will ohio governor sign constitutional carry

On March 14, 2022, Ohio Governor Mike DeWine signed the Senate Bill 215, allowing eligible Ohioans to carry a concealed firearm without a permit. DeWine, who has long supported the Second Amendment rights of law-abiding citizens, had promised to sign the bill if it reached his desk. The bill was passed in the House and Senate, and Ohio became the 23rd state to allow conceal-carry in public without a license.

Characteristics Values
Date of signing March 14, 2022
Governor Mike DeWine
Bill SB 215
Bill sponsor Sen. Terry Johnson
Senate vote 23-8
House vote 57-35
Rank among constitutional carry states 22nd or 23rd
Previous requirement for motorists To inform law enforcement about concealed guns during traffic stops
New requirement for motorists To inform law enforcement about concealed guns during traffic stops only if asked
Penalty for not informing law enforcement about concealed guns during traffic stops First-degree misdemeanor, $1,000 fine, and suspension of concealed-handgun license
Supporters National Rifle Association, Buckeye Firearms Association, Ohio Capital Journal, Senate President Matt Huffman, NRA lobbying arm
Opponents Sen. Jerry Cirino, County sheriffs, police chiefs, Ohio Fraternal Order of Police, Hamilton County Sheriff Charmaine McGuffey, Ohio Mayors Alliance, Ohio Democratic Party Chair Elizabeth Walters

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Governor Mike DeWine's stance on gun laws

DeWine has expressed concern about the increase in gun violence, especially its impact on children. He has proposed a series of measures aimed at reducing gun violence and protecting citizens, including allocating significant funding for crime prevention technology and increasing staffing levels for police. DeWine has also called for better enforcement of existing laws that prohibit certain individuals from possessing firearms, such as the mentally ill and those likely to commit violent crimes.

However, DeWine's actions have not always aligned with his stated concerns. He has signed bills that ease concealed carry restrictions, such as SB 215, which allows law-abiding citizens to carry concealed firearms without a permit. This bill also eliminates penalties for motorists who fail to inform law enforcement about carrying concealed firearms during traffic stops. DeWine has also supported legislation that expands the use of lethal force in self-defence and removes the requirement for training before responding to an attack with deadly force.

On the other hand, DeWine has also proposed strengthening background checks for gun purchases and increasing access to mental health resources. In the aftermath of the 2019 Dayton mass shooting, DeWine introduced a series of proposals, including making it easier to take guns away from "potentially dangerous individuals," strengthening background checks, and providing more resources for mental health care.

Overall, DeWine's stance on gun laws appears to be a mix of supporting the Second Amendment rights of law-abiding citizens while also attempting to address gun violence through various measures. However, his actions have been criticised by those who believe he is prioritising pro-gun legislation over public safety.

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The Buckeye Firearms Association's influence

The Buckeye Firearms Association (BFA) has been a vocal supporter of Constitutional Carry in Ohio. The BFA is a grassroots organisation that has been defending and advancing the rights of Ohio citizens to own and use firearms for various legal activities, including self-defence, hunting, competition, and recreation. They have been working towards making Constitutional Carry a reality in Ohio by meeting with legislators, committee members, and leadership in the Statehouse to garner support in both the House and the Senate.

Rob Sexton, the Legislative Affairs Director for the BFA, has been particularly active in advocating for Constitutional Carry. He has testified before committees and provided statements to the media, arguing that permitless carry extends gun rights and removes unnecessary burdens on law-abiding gun owners. Sexton maintains that the current system has too much red tape, and individuals should not have to wait for government approval to protect themselves, as guaranteed by the Constitution.

The BFA's influence on the Constitutional Carry debate in Ohio is evident in their successful lobbying efforts. They have engaged with lawmakers and testified in support of the House and Senate bills, addressing objections raised by anti-gun groups. The BFA has also been active in the media, with Sexton providing comments and interviews to news outlets. Their efforts have contributed to the passage of separate but similar versions of Constitutional Carry legislation in the Ohio House and Senate.

Additionally, the BFA has a history of engaging with political candidates and advocating for pro-gun policies. During the 2018 gubernatorial campaign in the Republican primary, the BFA issued a questionnaire to candidates, seeking their views on various policy items. Governor Mike DeWine, who eventually signed the Constitutional Carry bill into law, had made written promises to the BFA and other gun lobby groups to support pro-gun legislation if it reached his desk.

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The bill's impact on traffic stops

The Ohio Constitutional Carry Bill, also known as SB 215, has been signed into law by Governor Mike DeWine, making Ohio the 23rd constitutional carry state in the US. This bill eliminates the requirement for Ohioans 21 years and older to obtain a permit to carry concealed firearms for self-defence.

Previously, Ohio drivers were mandated to inform law enforcement officers about carrying concealed firearms in their vehicles during traffic stops. Failure to do so could result in a first-degree misdemeanour charge, suspension of their concealed-handgun licence, and a fine of $1,000. However, with the passage of SB 215, motorists in Ohio are no longer subject to penalties for non-disclosure during traffic stops. While drivers are still expected to inform law enforcement if they have a gun when asked, the removal of penalties has sparked concerns about the safety of both citizens and law enforcement officers.

The passage of SB 215 alters the dynamic of traffic stops in Ohio. Previously, drivers were incentivised to disclose the presence of firearms to avoid legal consequences. Now, motorists may choose not to disclose, potentially increasing the element of surprise for law enforcement officers. This change underscores the importance of proper training for traffic law enforcement officers. They must be adept at observing signs of criminal activity beyond traffic violations, such as deceptive behaviour, suspicious items, or signs of intoxication.

While supporters of the bill argue that it protects the Second Amendment rights of law-abiding citizens, critics worry that it will contribute to the gun violence crisis in the state. The elimination of penalties for non-disclosure during traffic stops adds a layer of complexity to law enforcement's interactions with motorists, requiring heightened vigilance and awareness during these encounters.

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Opposition from law enforcement

On Monday, Ohio Governor Mike DeWine signed a bill permitting law-abiding citizens to carry concealed firearms without a permit. The bill, SB215, permits individuals with gun licenses not to proactively inform law enforcement officers at traffic stops. This makes Ohio the 23rd constitutional carry state.

The bill was opposed by the Ohio Fraternal Order of Police, Hamilton County Sheriff Charmaine McGuffey, and the Ohio Mayors Alliance. Opponents of the bill claim that it will increase the vulnerability of Ohioans and law enforcement officials to gun violence. Sen. Jerry Cirino, the only Republican who voted against the bill, cited opposition from county sheriffs and police chiefs as the reason for his vote against it. He stated that it was "not a Second Amendment issue" but rather a "safety issue".

In addition, some have expressed concern that the bill will increase the gun violence crisis in Ohio and put lives at risk. One such person is Dion Green, whose father was killed in a mass shooting in Dayton, Ohio, in 2019. After attending the funeral, Governor DeWine handwrote a letter to Green, promising action to prevent such tragedies from happening again.

Despite the opposition, Governor DeWine has long supported the Second Amendment rights of law-abiding citizens to keep and bear arms. He has also made promises to the gun lobby, such as signing a bill repealing the legal duty to try to retreat before responding to an attack with deadly force. However, he has also called for more restrictive gun laws in Ohio and has championed expanded background checks for gun purchases.

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The bill's impact on gun violence

On Monday, Ohio Governor Mike DeWine signed Senate Bill 215, making Ohio the 23rd constitutional carry state. The bill allows Ohioans 21 and older to carry a concealed firearm without a permit. This new law has sparked debates about its potential impact on gun violence in the state.

Supporters of the bill, including the National Rifle Association's Institute for Legislative Action, argue that it protects the Second Amendment rights of law-abiding citizens to keep and bear arms without government red tape and delays. They claim that the bill only allows residents to exercise their right to carry guns, which should not be restricted. Governor DeWine has long supported the Second Amendment and has previously signed Ohio's stand-your-ground law.

However, opponents of the bill, including the Ohio Fraternal Order of Police, the Ohio Mayors Alliance, and Hamilton County Sheriff Charmaine McGuffey, argue that it will increase the vulnerability of Ohioans and law enforcement officials to gun violence. They worry that relaxing conceal-carry permit restrictions will lead to more firearms in public, increasing the potential for inappropriate use and escalating interpersonal conflicts, disputes, or other situations.

The impact of similar laws in other states has been studied, and the results indicate an increase in gun-related violence. A study by researchers at the Johns Hopkins Bloomberg School of Public Health found that states that relaxed conceal-carry permit restrictions experienced a 9.5% increase in the average rate of assaults with firearms relative to forecasted trends. Another analysis of 34 states that relaxed their laws between 1980 and 2019 found an 18.3% increase in the average rate of gun assaults when live-firearm training was not required.

While supporters of the bill argue that it upholds the Second Amendment, the potential impact on public safety and gun violence is a significant concern for opponents. Only time will tell the true effects of this bill on gun violence in Ohio, but similar legislation in other states suggests an upward trend in firearm-related assaults.

Frequently asked questions

The Ohio Constitutional Carry Bill, or SB 215, is a bill that would allow Ohioans to carry a concealed firearm without a permit or training.

Yes, Governor Mike DeWine signed the bill into law on March 14, 2022.

The bill was met with mixed reactions. Supporters of the bill argued that it allows residents to exercise their Second Amendment right to bear arms without government red tape and delays. Opponents of the bill, including law enforcement officials and gun control advocates, argued that it would increase gun violence and make Ohio more dangerous for residents and law enforcement.

The bill eliminates the requirement for motorists to proactively inform law enforcement officers about concealed firearms in their vehicles during traffic stops. It also removes penalties for failing to disclose this information, which previously included a first-degree misdemeanor, a fine of $1,000, and suspension of the individual's concealed-handgun license.

With the passage of the bill, Ohio became the 23rd state to allow constitutional carry, joining other states like Arkansas, Iowa, Montana, Tennessee, Texas, and Utah. The bill also sets a precedent for expanding gun rights in the state, with lawmakers considering additional bills related to gun laws in schools and other public places.

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