The Ohio General Assembly passed, Governor Mike DeWine signed three recently passed gun bills that endanger Ohioans and favor vigilantes.
SB 175 – Hold On
There was the SB 175, known as the “hold on” or shoot the one that makes you nervous. The common law of Ohio had been that self-defence with deadly force was available as a defense only if the defendant believed in good faith that he was in imminent danger of death or grievous bodily harm, and that his only means of escape was the use of force.
In contrast, standing firm now provides that deadly force or grievous bodily harm need not be threatened in order to use deadly force in response – any threat to residence or security may suffice.
The new law also changes the ability of a jury to decide the justification for the shooting.
In December 2020, then-State Senator John Eklund, a conservative Republican, rightly pointed out that “stand your ground” rejects the “tradition we trust…the investigator, often the jury, to assess the case…”. and provides that “the jury should not consider the possibility of retreat as a factor in determining whether a person who used force in self-defence reasonably believed that force was necessary to avoid injury…. ”
Eklund concluded that it would be a “disaster for the administration of justice”.
Standing firm relaxes the standard of authorized use of deadly force, plays on the biases of the individual who feels threatened, and allows those individuals to act as vigilantes.
By the way, hang in there, the General Assembly rejected the opposition of the Ohio Association of Chiefs of Police, Ohio Prosecuting Attorneys Association, Columbus NAACP and National Task Force on Stand Your Ground Laws of the American Bar Association.
SB 215 – Concealed transport without authorization
The Ohio Supreme Court previously upheld the constitutionality of Ohio’s longstanding ban on concealed carrying weapons and ruled that “there is no constitutional right to carry concealed weapons.”
However, due to SB 215, Ohio now allows untrained individuals with no training or knowledge of firearms, and without passing a background check, to carry loaded and concealed firearms.
As a result, the government fails his primary duty to protect the citizens and instead turns to untrained vigilantes for the subjective view of protecting the Concealed Carrier.
Twenty-three state attorneys general, including Ohio Attorney General Dave Yost, argued in 2019 before the United States Supreme Court that laws requiring background checks and firearms training decrease crime rates, but SB 215 eliminated those safeguards.
Hamilton County Sheriff Charmaine McGuffey testified, “Allowing virtually anyone in Ohio to conceal weapons on them without training or background checks will make Ohio less safe.
Similarly, the Ohio Association of Chiefs of Police, Ohio Mayors Alliance, and Ohio Fraternal Order of Police testified that SB215 “will make our communities less safe.”
HB 99 – More weapons in schools carried by insufficiently trained individuals
House Bill 99 reduced the current requirement of 737 hours of training to just 24 hours for teachers and others authorized by local school boards to “come armed to a school safe zone.”
Of course, the choice shouldn’t be between 737 and 24 hours, but what hours and what laws are needed to meet the General Assembly’s obligation under Article VI of the Ohio Constitution to provide safe schools.
The bill’s reduction to 24 hours of training flies in the face of the recommended 152-hour training that then-Attorney General DeWine’s office recommended in 2014 to the US Peace Officers Training Commission. Ohio (OPOTC).
The reduction also runs counter to police chiefs in Cincinnati, Cleveland, Columbus, Dayton, Toledo and Youngstown: “A significant reduction in firearms training for school personnel will make our schools less safe and increase the likelihood that a student is accidentally injured. or killed by a gun in a school.
Additionally, House Bill 99 provides no guidance on the safe storage of firearms when volunteers are not using their weapons.
Further, it provides no indication of the use of lethal force by teachers or other volunteers authorized by local school boards to carry firearms into schools.
In contrast, before School Resource Officers (SROs)—who are already fully trained police officers—can operate in schools, RC §3313.951(C)(2) requires a detailed memorandum between law enforcement and school about ORS responsibilities..
There was no valid reason for the General Assembly to impose a lower standard of safety for volunteers bringing loaded weapons into schools than for trained police officers loading firearms into schools.
In contrast, to receive a temporary driver’s license, Ohio law requires 24 hours of classroom instruction, 50 hours of driving with a parent, and at least 10 hours of nighttime driving. https://www.bmv.ohio.gov/dl-gdl.aspx .
The General Assembly would not pass a driver’s license law stating (1) that an individual needed only 24 hours of classroom instruction, with no driving time required, but (2) that the government local could add the driving time required to obtain a permit.
It was also dangerous for the General Assembly to hand over the setting of gun standards in schools to local school districts, thus allowing the appointment of vigilantes without informing parents of selection criteria or regulations.
The Ohio General Assembly pushed Ohio toward a dangerous self-defense “justice”.
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