Ohio lawmakers are rushing for summer recess, but on their way out the door, one committee has passed two firearms legislation heading in different directions.
Given the timing of their introduction, both measures will face a arduous challenge before the end of the current session. Still, as political messages spread, bills carve out vital positions for their parties ahead of the ensuing elections.
The Democrat-backed measure rolls back the so-called constitutional carry law passed in 2022, allowing anyone 21 or older to carry a concealed weapon without a permit. Across the street, Republicans want to impose novel penalties on undocumented people caught possessing firearms.
Weapons under disability
Federal law contains several provisions prohibiting the possession of guns. Perhaps most notable recently is the fact that drug addicts cannot possess firearms – one of the charges for which Hunter Biden was found guilty.
Federal law also prohibits people convicted of domestic violence from possessing guns. Ohio law does not do this.
State Rep. Scott Wiggam, R-Wayne County, is more concerned about undocumented people. Federal law already prohibits undocumented people from possessing firearms, but Wiggam wants to see the same restrictions reflected in state law. Under his bill, an undocumented person who knowingly possessed a gun would be guilty of a third-degree crime.
While concerns about illegal immigrants are a perennial GOP issue, research tends to be discounted the idea that immigration leads to an enhance in violence. IN one study in Texasresearchers found that undocumented people committed fewer violent crimes than native-born citizens.
The specific ban on undocumented people faces novel uncertainty, thanks in huge part to one of the biggest recent victories for gun rights advocates. The case of the so-called Bridge abolished New York’s strict concealed carry laws on the grounds that these restrictions had no historical precedent in early American law.
Courts’ interpretations of the Second Amendment have also become so broad that in some districts there is disagreement about whether the amendment extends protections to undocumented people. Regardless of immigration status, the Constitution grants, for example, rights to due process and unreasonable search and seizure.
In March, a federal judge in Illinois overturned the conviction of an undocumented man for possessing a gun because of a disability. This Circuit views the Second Amendment as providing protection to everyone and has identified the statutory history of noncitizen disarmament toward case-by-case decision-making.
“That’s where we are today,” Wiggam said, adding “in the event of uncertainty, I believe House Bill 551 provides parity between Ohio law and existing federal law.”
Wiggam argued that the U.S. Supreme Court will likely have to ultimately decide the case, but that shouldn’t stop Ohio from acting.
“I think states need to pass gun laws that they think are important,” Wiggam said. “I understand this is federal law. “I think Ohio State should speak up on this now and be a part of it.”
Revocation of constitutional transfer
While Wiggam urged lawmakers to restrict gun rights to a specific group, state Reps. Richard Brown, D-Canal Winchester, and Dani Isaacsohn, D-Cincinnati, called for a rollback in general.
“This bill, House Bill 418,” Brown explained, “will repeal Ohio’s concealed carry law in its entirety.”
But he acknowledged that “many, if not most, of you sitting here today strongly disagree with that position.”
Brown reiterated law enforcement opposition after the 2022 changes were approved and cast doubt test Ohio Attorney General Dave Yost offered this as a justification for the policy. Brown argued that comparing a year before and after the law took effect was “not enough evidence to be credible,” and even the authors acknowledged that their findings contradicted other, much broader studies.
“We are not saying that guns should be banned,” Brown argued. “We’re not saying you can’t have a concealed carry license – concealed carry licenses have been proven to be very effective.”
He insisted that there was a way to protect Second Amendment rights without allowing any adult to carry a concealed weapon, no questions asked. He cited 2021 as an example Attorney General’s Concealed Carry Report showed that 4,968 licenses were refused, suspended or revoked.
“These almost 5,000 people can now carry guns without a permit,” he said.
Isaacsohn pointed to a survey last year that showed 88% of Ohioans require training before allowing someone the right to carry a concealed weapon.
“This legislation is common sense. She is extremely popular and will save innocent people’s lives. It’s that elementary,” Isaacsohn said.
Committee chairman Rep. Bob Peterson, R-Selina, asked them to address the prevalence of gun violence in massive cities — especially in blue states. Isaacsohn argued that the criticism was a sleight of hand. When you look state-level datahe argued, death rates in states with more stringent regulations tend to be lower, even if population centers sometimes have higher crime rates.
“In states like New York and others where rates of gun violence were high, state laws had a huge impact,” he argued.
But while he said gun safety laws make a difference, any measure that goes in the opposite direction — making guns easier to access — contributes to a “culture of gun violence.” Isaacsohn said their bill won’t solve the problem on its own.
“So do I think cities with huge populations struggle with gun violence? That’s what he said. “Do I think bills like this prevent all gun violence? NO.”
But a look at other states that have allowed municipalities to pass “commonsense gun laws” and states that have passed their own laws show that they “have lower rates of gun violence than states that don’t,” he told the committee.
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