Two Ohio Democrats want to impose a 10-day waiting period for gun purchases. The rule would apply only to licensed dealers, but supporters of the bill say the grace period would save lives.
Despite sturdy majority support with restrictions like background checks or bans on high-capacity magazines, gun restrictions remain polarizing.
With Republicans firmly in control of the Ohio Statehouse, an extension of the waiting period, as with almost every gun control proposal, is unlikely.
What sponsors say
Supporters of the bill, Democratic Cincinnati Reps. Cecil Thomas and Rachel Baker, point to results in other states with waiting period laws. According to a 2017 study, mandatory waiting periods for purchasing handguns reduce gun homicides by 17% and gun suicides by 7-11%.
“This short respite gives customers time to reconsider their purchase,” Thomas argued, “particularly in moments of emotional distress when impulsive decisions can have dire consequences.”
Several states require waiting periods of varying lengths. The longest in Hawaii is 14 days, and the shortest delay is three days or 72 hours, which is required by Colorado, Illinois, Maine and Vermont. Florida requires you to wait three days or the time it takes to complete a background check, whichever is longer.
Thomas and Baker’s 10-day proposal would put Ohio on par with California, Washington, D.C.
Baker argued that as lawmakers, they must balance the Second Amendment’s gun protections with public safety requirements. Part of that charge is to keep guns away from people making “impulsive decisions under the influence of emotional distress” or “in domestic violence situations where the presence of a gun could escalate the conflict to a deadly level.”
“When we look around states,” she argued, “the most effective firearm safety policies are those that respect rights in a responsible way.”
Committee reactions
Thomas and Baker, undoubtedly anticipating the criticism they faced, sought to emphasize their respect for the Second Amendment.
“The purpose of this bill is not to violate Second Amendment rights,” Thomas said.
“I’ll say it again,” he added, “the focus of this bill is not to infringe on Second Amendment rights, but to ensure the responsible acquisition of firearms.”
Republicans on the committee weren’t entirely convinced.
State Rep. Bill Seitz, D-Cincinnati, reminded sponsors that Ohio voters approved abortion protections in 2023, and under that amendment, state courts blocked Ohio’s abortion waiting period law pending the outcome of a court challenge.
“Well, the Second Amendment is also a constitutional right,” Seitz said. “So my question is: If the courts are right that the waiting period for an abortion is a violation of that constitutional right, then why wouldn’t a 10-day waiting period, as you propose in this bill, also be a violation of the Second Amendment, right?”
Thomas didn’t have much of an answer, instead suggesting it was an argument for the judiciary to tidy up the mess and reiterate potential improvements to public safety.
State Rep. Jim Hoops, R-Napoleon, noted the gun store owner’s freedom. If they learn from their interaction with a customer, they can always refuse to sell, he suggested. “Is there any security there already?” Thomas responded that the approach is to rely heavily on gut feeling.
Democratic Committee members tried to assist with varying degrees of success. State Representative Dani Isaacsohn asked if the sponsors had data on the popularity of their idea.
Thomas argued that the enormous majority support “common sense gun legislation,” including red flag laws and universal background checks, but acknowledged that “I don’t have the data to show this particular piece of legislation, but I believe that percentage would also (in support) this type of legislation.”
State Rep. Richard Brown, D-Canal Winchester, bluntly addressed the Second Amendment question, asking how sponsors reconcile their restriction with an explicit “shall not be infringed” provision.
Instead of emphasizing list of other states where grace periods have been in force for years or more court decisions Pointing out that governments play a role in regulating gun sales, Thomas pointed to the existing background check system.
Although there is no waiting period for purchasing a firearm in Ohio, licensed dealers do conduct background checks. In many cases, it only takes a few minutes, but when in doubt, federal officials have three business days to respond.
You could “clearly” argue that this constitutes some sort of infringement, Thomas said, and then tried to frame his bill as a modest addition to those protections.
“All this violation does is say, ‘Hey, can you be a little more patient?'” he said.
Follow the OCJ reporter Nick Evans on Twitter.
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