Thursday, November 25, 2021

Ohio Constitutional Carry Passes House

 

Ohio Statehouse

In Ohio, the Constitutional Carry bill, HB227 is moving forward.  It passed the House Oversight committee on October 28.  On November 17, it passed the House, 60 to 32. From dayton247now.com:

“The Second Amendment gives us the right to bear arms. I am proudly pro-Second Amendment and this bill is pro-Second Amendment,” said Senator Niraj Antani, a co-sponsor of the bill.

The bill would also make the mandatory eight hours of training optional.

“People should get training, but it doesn't have to be required. The Constitution does not require training in order to have your constitutional rights,” Senator Antani said.

Dayton 24/7 Now’s Mamie Bah asked Antani, “Are there any concerns of safety here?”

He said, “Concealed firearm carriers by and large are law-abiding citizens who are trying to exercise their Second Amendment rights.”

Now the bill goes to the Senate. The Republicans have a supermajority in the Senate, 25 to 8. The bill should pass in the Senate, but each legislative fight involves personalities. Several states have had Constitutional Carry delayed because of one or two Republicans in powerful committees were not committed to fight for the Constitution and the Bill of Rights. If the bill passes the Senate, then it goes to Governor DeWine.

Governor DeWine has been ambivalent on Second Amendment rights. He has not threatened to veto Constitutional Carry. He has not supported it either. In January of 2021, he signed a bill eliminating one of the last state "duty to retreat" statutes.

In January, GOP Gov. Mike DeWine signed a bill into law eliminating an individual’s duty to retreat before using force. The measure expands the so-called “stand your ground” right from an individual’s house and car to any place, “if that person is in a place in which the person lawfully has a right to be.”

DeWine had previously signaled he might veto the bill, and had expressed dissatisfaction lawmakers were ignoring his own legislation proposed after the 2019 mass shooting in Dayton that killed nine. Instead, he signed the stand your ground bill in “the spirit of cooperation” with the General Assembly.

It is a good time for Ohio Second Amendment supporters to be pushing for Constitutional Carry. Many Republicans believe they need to show their support of the Constitution and the Bill of Rights, to separate themselves from the Democrats and their unpopular policies and president.

Constitutional Carry is a way to prove their bona fides with little risk. 21 states, including Texas, have already enacted the reforms. No state has seen measurable downsides. Not one state has voted on a bill to repeal Constitutional Carry, once enacted. This correspondent does not recall any state where such a bill has been introduced.

In Ohio, 60% of the votes in both chambers are needed to override a governor's veto. The Republicans have 64 seats in the House. They need 60 votes to override. The Republicans have 25 seats in the Senate. They need 20 votes to override a veto.

There is a good chance of Constitutional Carry being enacted in Ohio this year. Adding another state to the 21 existing Constitutional Carry states sends a positive message to the Supreme Court in the NYR&PA carry outside the home case. That case is under consideration at this time. The decision in the case is expected in June of 2022.

Five states have reformed their laws to Constitutional Carry in 2021, so far. Ohio could be number six.

©2021 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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