Ohio Gun Owners Win Big Despite Governor Veto

For 2019 Ohio Gun owners is already looking like a good year!

During 2018 gun-owners have been working on a bill in the Ohio General Assembly that would improve several points of Ohio law.  Originally passed in early December by the House and the Senate, on December 20th the Governor dashed everyone’s hope by vetoing the bill because the bill did not include a ‘Red Flag’ provision that he felt were necessary.  Once again Ohio gun owners rallied contacting their representatives and on December 27, 2018 the Ohio General Assembly overrode the Governor’s veto.  

HB 228 contains many improvements for Ohio’s gun owners.

A summary of the provisions are included below.  The full bill can be view here.

• It shifts the burden of proof back to the prosecutor to prove you are guilty in a self-defense situation.  Until this passed Ohio was the only state where the accused had to prove their innocence in the use of self-defense versus the persecutor proving guilt. 
• Broaden preemption to include carrying, selling, transferring, and manufacturing of firearms.  This prevents cities from making laws that conflict with state law and if they do makes it easier to recover attorney fees in these cases.
• Simplifies requirements on who and where no-gun signs are required to be posted.  Previously state law required signs in places where you could legally carry leading to confusion.
• Clarifies the definition of a sawed-off shotgun.  This was supposed to make the Mossberg Shockwave legal in Ohio but due to a clerical error, firearms that are legal under federal law like the Mossberg Shockwave and Remington 870 Tac 14 are still illegal in Ohio.
• Ohio CCW/CHL license holders will only need to have their CCW permit for identification.  No longer is an additional government ID required during interaction with law enforcement.
• You can be prosecuted under state law for providing materially false information to a FFL dealer or private selling in order to make a straw purchase for firearms or ammunition.  Previously this a federal charge and was seldom being prosecuted.  This will give local prosecutors the means to go after criminals who purchase firearms and ammunition illegally in Ohio.

HB 228 will go into effect 90 days after it is recorded, which will be around the end of March 2019.

Although HB 228 contained many improvements for Ohio’s gun owners, it did not include language for Stand-Your-Ground, and Ohio remains a duty to retreat state.  There’s a new General Assembly starting on January 2nd and hopefully they will be able to quickly correct the error surrounding the Mossberg Shockwave and Stand-Your-Ground legislation and send it to the new governor.

What do you think of this fine example of democracy? Leave us a comment below to let us know.

Update 03/20/2019

At the close of the 132^nd General Assembly, Ohio lawmakers overrode the Governors veto, and passed a bill that puts the burden of proof on the prosecutor in self-defense cases.  Due to a clerical error that same bill also made the Mossberg Shockwave illegal along with the Remington Tac-14.

While this error was pointed out by many immediately after the passage, the Assembly had already adjourned, requiring the next Assembly to fix the mistake.

With the new law going into effect on March 28, 2019 the 133rd Assembly needed to work quickly to correct this mistake since it takes 90 days for a law go into effect after passage unless it’s passed with an emergency clause.

House Bill 86 was both passed by the General Assembly and signed into law by the Governor on March 6, 2019 to fix the clerical error passed in the previous legislation.  This new bill also includes an emergency clause allowing it to go into effect immediately instead of waiting 90 days.