Ohio Concealed Carry- HB 495 passes House and Senate

[C-bus]

While not the biggest thing to impact Carry rights, more steps in the right direction.

http://www.buckeyefirearms.org/node/8681

UPDATE: Senate & House pass amended HB495; Bill sent to Governor Kasich for signature

An amended HB495 was passed by the Ohio Senate today by a 26-7 vote. Two and a half hours later, the Ohio House voted 66-23 to concur with Senate amendments.

The amended bill makes three changes to current law:

• Eliminates the "demonstrated competency" requirement for second and future CHL renewals, making CHL training similar to a hunting license.
  
• Fixes the definition of a "loaded gun" to match the commonly accepted definition.
  
• Allows law-abiding gun owners to have their firearms stored in their cars in the state-owned parking garages such as the one under the Statehouse.
  

Unfortunately, despite having support from Ohio's chief law enforcement official, Attorney General Mike DeWine, concerns remained in the Senate over the reciprocity provisions and how it would work. In an attempt to address those concerns, the Senate Judiciary Committee amended the bill yesterday to allow 180 days before that provision took effect, rather than the standard 90 days. This would have given officials more time to prepare for the changes. In the end, however, in order to get an agreement for a floor vote, it was necessary to have the provision removed from the bill, with the commitment to come back and revisit it early next session.

As a result of this development, those who need to carry in states with which Ohio doesn't have reciprocity will continue to need to go get other licenses.

Video of the Senate debate that preceded this development, including comments by the sponsor of the reciprocity amendment, Senator Bill Seitz (R-Cincinnati) can be viewed here.

Video of House concurrence debate can be viewed here.

"HB495 was good, common sense legislation," said Jim Irvine, Buckeye Firearms Association Chairman. "As is common in politics, we didn't get everything we wanted, but we dramatically improved the law. We solved the critical issues of removing the ill-conceived 'demonstrated competency' for renewals that start next month, and achieved a workable definition of a "unloaded firearm.'"

The bill will now be sent to Governor John Kasich for his signature.

[C-bus]

Loaded Weapon:

Change the definition of a loaded firearm in a vehicle. Currently, a firearm is considered loaded if a loaded magazine is present in the vehicle, even if the magazine is not inserted into the firearm. HB 495 would change this definition so that the magazine must be inserted into the firearm in order for it to be considered loaded.

[Pokey]

At least another positive change, hopefully more with a bigger impact are coming.

[Disclaimer]

Obama will undo all of this and take our guns away.

I read it on here before the election.

[ScubaCinci]

Good timing, getting my CCW in just a few days.

[snot]

So this means you no longer have to take the shooting part again to renew?

[Pokey]

Obama will undo all of this and take our guns away.

I read it on here before the election.

You heard it after the election too. And not taking our guns, just gonna ban the really fun ones.

[Tonik]

So this means you no longer have to take the shooting part again to renew?

Once the governor signs it yes.

[kawi kid]

Bravo

[Scruit]

Once the governor signs it yes.

Don't you mean 90 days after the governor signs it?

[speedytriple]

Since im lazy. Does this also include long gun mags? Like if i had a ammo can in the hatch full of loaded AR mags that were not in the same case as the gun it would be allowed?

[BadTrainDriver]

Concealed Carry laws have nothing to do with rifles shotguns, just as general rule...so I'd say no.

[Pokey]

What the train driver said. :woo:

[speedytriple]

That sucks oh well more range time wasted loading mags still.

[OsuMj]

That sucks oh well more range time wasted loading mags still.

well, you're doing it wrong. Buy more mags, or bring a newb with you and tell them to load the mags while you're shooting, convince them its good practice. you're welcome.

[C-bus]

Since im lazy. Does this also include long gun mags? Like if i had a ammo can in the hatch full of loaded AR mags that were not in the same case as the gun it would be allowed?

Actually, don't write this off yet. Certain PARTS of 495 talk to CHL, but I think that the loaded magazine speaks to "firearms" in general.

[kawi kid]

So who is calling the attorney general to ask that question lol

[C-bus]

I'll load up some mags and let you know.

[walther_gsp]

Concealed Carry laws have nothing to do with rifles shotguns, just as general rule...so I'd say no.

Incorrect. This bill updates the definition of loaded gun in a vehicle. That applies for CCW holders and non CCW Holders. CCW holders can transport a loaded pistol any which way they like, but cannot do that with a loaded rifle. Right now, the definition of loaded being a loaded mag, whether or not its inserted into the weapon or the weapon is chambered, is fucked and this fixes that.

[walther_gsp]

What the train driver said. :woo:

See my reply to him.

[Coyote]

Definition of "Unloaded" will be specified as no ammunition physically in the firearm...loaded magazine stored separate from the firearm, the firearm will be considered unloaded, whether handgun or long gun.

Still, only CHL holders will be permitted to have a loaded handgun in the vehicle.

(K) As used in this section:

(1) "Motor vehicle," "street," and "highway" have the same meanings as in section 4511.01 of the Revised Code.

(2) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code.

(3) "Agriculture" has the same meaning as in section 519.01 of the Revised Code.

(4) "Tenant" has the same meaning as in section 1531.01 of the Revised Code.

(5)

(a)

"Unloaded" means

with respect to a firearm other than a firearm described in division (K)(6) of this section, that no

ammunition is in the firearm in question, no magazine or speed loader

containing ammunition is inserted into

the firearm in question

, and one of the following applies:

(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.

(L) Divisions (K)(5)(a) and (b) of this section do not affect the authority of a person who is carrying a valid concealed handgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle,

without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter.

A person who is carrying a valid concealed handgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.

[magley64]

cool, I'm all for making words mean what they mean...

[TRMN8TR]

On the radio this morning:

"OMG, they just passed a bill that allows people to bring guns into the court house parking lot! Why would they do that?"

[C-bus]

Some idiot congressman.... Paraphrasing... "Guy goes to his car and gets his gun to shoot me, we have nothing to charge him with...". Really? Sound bite from 610WTVN, but I can't get a copy.

[kawi kid]

Lololol moar fear!!!!!