Fight Over Gun Control Far From Over
HOUSTON - Members of the National Rifle Association were assured that they would never have to surrender their firearms. Along with this statement they were told that the fight against government gun control is far [more]
Senate Rejects Expanded Gun Background Checks
WASHINGTON - Senate Republicans backed by a small band of rural-state Democrats scuttled the most far-reaching gun control legislation in two decades Wednesday, rejecting tighter background checks for buyers and a ban on assault weapons [more]
Day of Reckoning for Expanded Background Checks
D-Day: Today, consideration of the Manchin-Toomey background check proposal and a myriad other gun amendments, including a ban on assault weapons and high-capacity clips, will be the main event on Capitol Hill. The outcome of [more]
Deal Reached on Gun Background Check Bill
WASHINGTON - Sen. Joe Manchin, D-W.Va., and Sen. Pat Toomey, R-Pa. announced that they have reached a compromise bill on Wednesday that expands background checks on gun purchases, and possibly paving the way for votes [more]
Both Gun Control Parties Make Public Appeal
WASHINGTON — Two of the loudest voices in the gun debate say it’s up to voters now to make their position known to Congress.
New York Mayor Michael Bloomberg and National Rifle Associate Executive Vice President [more]
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:
, Delaware, Florida, Idaho, Indiana, Kentucky, Michigan, Missouri, Montana, New Mexico, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming