OHIO: Constitutional Carry (SB215) Clears State Senate

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Ohio, iStock-884221290

U.S.A.-(AmmoLand.com)-  Ohio HB227 passed the Ohio House, 60 to 32, on November 23, 2021. Now, less than a month later, on December 15, the Senate passed a very similar bill. SB 215. From cleveland.com:

COLUMBUS, Ohio — The Ohio Senate could vote as soon as Wednesday on legislation to allow people to carry a concealed handgun without a permit and no longer require them to notify law enforcement during proactively traffic stops that they’re armed.

Senate Bill 215 cleared a Senate committee on Tuesday after hours of testimony, mostly in opposition to the measure. The Republican-sponsored bill comes after the Ohio House passed similar legislation last month; should SB215 pass the Senate, it remains to be seen whether lawmakers would decide to send that bill or the House bill to Gov. Mike DeWine’s desk.

The Senate Constitutional Carry bill passed the Senate on December 15, 2021, 23 to 8, according to Buckeye Firearms.

There are now two Constitutional Carry different bills that have passed in Ohio. HB 227 in the House and SB 215 in the Senate.

Both laws restore the ability to carry a handgun loaded without a government permit, for most people over the age of 21.

  • SB 215 applies only to handguns, but knives are not considered to be deadly weapons unless they are actually used as deadly weapons, in Ohio, as of April 2021.  A knife law Preemption bill is on the way to the governor.
  • SB 215 eliminates the restriction on carrying loaded firearms in vessels, for most people.  So does HB 227, with a little different language.
  • SB 215 creates immunity from tort action (civil lawsuit) with a pre-trial immunity hearing.  Plaintiffs have to prove the force was *not* used in self-defense, defense of another or defense of the person’s residence.

Here is a summation of the effects of SB 215:

To amend sections 1547.69, 2307.601, 2901.05,2901.09, 2923.12, 2923.121, 2923.122, 2923.123,2923.126, 2923.128, 2923.16, and 2953.37 and to enact section 2923.111 of the Revised Code regarding a concealed handgun licensee’s duty to carry the license and notify a law enforcement officer if the licensee is carrying a concealed handgun, a right of a person age twenty-one or older and not legally prohibited from firearm possession to carry a concealed handgun in the same manner as if the person was a licensee, and a pretrial immunity hearing.

Here are the sections creating a pre-trial immunity hearing for a criminal trial.

From  SB215:

(2) A person accused of an offense that involved the person’s use of force against another has a right to a pretrial immunity hearing, as described in division (B)(1) of this section, regarding a claim of immunity from criminal prosecution based on self-defense, defense of another, or defense of that person’s residence.

(B)(1) A person is accused of an offense that involved the person’s use of force against another who would like a pretrial immunity hearing as described in division(A)(2) of this section shall file a pretrial motion claiming that the person used the force in self-defense, defense of another, or defense of that person’s residence. The filing of the motion establishes a prima facie claim of self-defense, defense of another, or defense of that person’s residence. Upon the filing of motion, the court shall hold a pretrial immunity hearing and shall grant the motion and hold that the person used the force in self-defense, defense of another, or defense of that person’s residence, unless the state proves by proof beyond a reasonable doubt that the person did not use the force in self-defense, defense of another, or defense of that person’s residence, as the case maybe.

Both bills eliminate the requirement to inform police officers that you are armed. That portion of the law was abused in Connecticut, where a person with a pistol permit was assaulted because he informed officers he had the permit.

Both bills do much to restore the right to bear arms outside of the home. The bills have some variation in the manner they accomplish this objective. Either bill would be a significant restoration of rights. The legislature is likely to come up with a bill acceptable to both House and Senate. It could be either bill or a compromise bill.

To see all of the details of both bills, interested readers can go to the links provided.  It is difficult to be certain which bill would be better. There are many details in wording and amendments to other bills. On a quick read, SB 215 appears to provide more immunity; HB 227 appears to repeal more laws.

The easiest route to passage is for one house to accept the other’s bill, pass it, and send it on to the governor.

Ohio may become the sixth state to pass a Constitutional (permitless) carry bill in 2021.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Patriot Solutions

Georgia Supreme Jesters rule man can buy his rights from the government and victory is claimed.

https://bearingarms.com/camedwards/2021/12/16/georgia-supreme-court-sides-with-the-second-n53608

Patriot Solutions

Assaulted by cops for complying to their tyranny. He’s lucky they didn’t kill him. WillTex et’al personalities woulda killed him for being black if it’s the guy I’m thinking of. WillTex et’al’s rebel flag tattoo woulda kicked into overdrive even without bananas. Don’t be striking me down WillTex et’al personality’s, you know it’s true. Heck, Bill was even trying to talk you down off of black folks last time he was posting around a year and a half ago. That was back when he lied to us saying you are just a farmer because I had your ticket then and… Read more »

Last edited 1 month ago by Patriot Solutions
Russn8r

If WillTEX/FordWILL/WildBill et socks is a farmer or rancher — which I doubt — I think that’s a “legend” — it would be something like a “tax farmer”, or a gun farmer or a patriot famer (in the same sense as “tax farmer”). Scooping up guns and patriots.

Patriot Solutions

He said once confirmed by Bill to be a farmer that he grows corn and soy. I knew then they were bull shiting me. I have my reservations that he is a Trump supporter too because he is sneaking around voting me down on info that has came straight out of camp Trump.

Russn8r

Probably eats a lot of soy.

Patriot Solutions

There is no way that posters here who are on this site all day are farmers. Some things are just obvious.

swmft

realistically a farmer would have about 1 hour per day for this type of thing, unless he drove one of the new tractors or combines (3/10 mph) with wifi but that is done mostly by hired hands. Most of the ones I know do spring summer in the Dakots and winter in florida growing something year round

swmft

owns a property someone else works,likely inherited , the type that would lease to a large corporate,rather than work with locals

JSNMGC

There are some gems that were quoted last November through early this year. Of course “the problem with quoting people . . “

Patriot Solutions

I have some saved too from farther back that I’m waiting to drop at the right moment. I actually screen shot some stuff which is much better than quotes. Figured I might need to give it to my attorney.

Last edited 1 month ago by Patriot Solutions
JSNMGC

Who knows, we have a brand new year coming up and maybe everyone here will get along and discuss ways to avoid totalitarianism (with all of its parts).

JSNMGC

Or, maybe not.

swmft

thin skin and overt racist remarks, the people they choose to be police are the worst people for the job, that is why serve and protect succumb to LAW ENFORCEMENT. no more mayberry rfd

swmft

kumbaya, Idealist at heart, do you trust your life to one ccweapon?

JSNMGC

What? I was being facetious. This is a cop shop. We have cops/ex-cops on here: Demanding that gun laws being enforced; Telling firearm manufacturers to not sell guns to “civilians” who live in the wrong state; Providing support to POS Brailsford; Indicating that when an idiot sheriff acts like a maniac, it’s not his fault – it’s the voters’ fault; Lamenting they are not still enforcers so they could “light up” someone with whom they disagree about politics; Advocating for yet more armed government employees with domestic responsibilities; Refusing to condemn bad cops caught on video doing bad things and… Read more »

Last edited 1 month ago by JSNMGC