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Suit Against FBI over Dylan Roof's Background Check Allowed to Proceed The controversy regarding the alleged failure of the FBI to properly run a background check, which allowed Dylan Roof to purchase a firearm, is apparently not over just yet. A judge has denied all of the motions to dismiss the case and has now allowed it to proceed. United States District [more]

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Gun Rights Advocates Urges Trump To Reverse Social Security Data Inclusion in NICS Background Checks [VIDEO]

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Ohio Background Check and Gun Laws

In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.
 
The licenses are issued by county sheriffs.
 
The statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years (ORC 2923.125).
 
The law contains language that asserts it is a "law of general application" and thus supersedes any local ordinances that are more restrictive than state law. However, as of July 2006, at least two court cases brought by municipalities are challenging this language as being in violation of Ohio's Constitution, both of which have been denied by appeals courts as having no "merit" and being in direct violation of Section 3, Article XVIII of the Ohio Constitution. Often called the “home rule” amendment, Section 3, Article XVIII states that municipalities “shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” A law is a general law if it complies with the following:
 
1. What is a General Law? To constitute a general law for purposes of the Home Rule Amendment, a statute must (1) be part of a statewide and comprehensive legislative enactment (2) apply to all parts of the state alike and operate uniformly throughout the state (3) set forth police, sanitary, or similar regulations, rather than merely grant or limit legislative power of a municipal corporation to set forth police, sanitary, or similar regulations (4) prescribe a rule of conduct upon citizens generally. City of Canton v. State (2002), 95 Ohio St. 3d 149, 766 N.E.2d 96
 
Courts have found that the new CCW rules fall under all of the above requirements.
 
Ohio's concealed handgun law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 21 other states. Namely:
 
Alaska, Arizona, Delaware, Florida, Idaho, Indiana, Kentucky, Michigan, Missouri, Montana, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming
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