Ohio House Committee Makes Changes to Proposed Gun Legislation

An Ohio House committee on Tuesday made a number of changes to legislation to alter the state’s gun laws, including language that would offer a financial incentive to some who successfully challenge local firearm ordinances.

However, the House Policy and Legislative Oversight Committee made no alterations to controversial “stand your ground” language, which would eliminate Ohio’s law requiring a person to retreat before using deadly force in self-defense.

House Bill 203, brought by state Rep. Terry Johnson, a McDermott Republican, seeks to make Ohio compliant with the National Instant Criminal Background Check System, so anyone with a state handgun license doesn’t have to get an NICS check when they purchase a firearm.

Committee members approved a substitute bill on Tuesday with a number of changes that, in most cases, would loosen Ohio’s gun restrictions.

Under one change, whenever a person or group goes to court to challenge a local government’s firearms ordinance and the municipality voluntarily repeals it, the court must rule in favor of the challenger. The challenger would also be awarded $100 for each day the ordinance in question remained in effect after it was contested, as well as court costs and attorney’s fees if the local ordinance was found to violate Ohio law.

The proposal comes as a group of Oberlin residents is seeking a referendum on a controversial gun ordinance passed last month to allow guns in public parks. The group Ohioans for Concealed Carry has sued Oberlin over the language of the ordinance, as well as other city rules the group says conflict with state law.

Another new clause in the substitute bill would exempt members of the U.S. armed forces, Peace Corps, AmeriCorps, or the U.S. Foreign Service from having to renew a concealed handgun license while on active duty and for six months afterward. Their spouses and children would also be granted the same exemption.

Johnson, speaking at a news conference, said he didn’t want veterans to have their conceal-carry license expire while on active duty.

A third change softened language regarding concealed handgun license training requirements. The initial bill would have completely scrapped existing law mandating 12 hours of instruction; the substitute bill calls for at least four hours of firearm training before an Ohioan can get a conceal-carry permit.

Johnson said he is “very interested” in the restoration of the Second Amendment.

“My bill does a few little things to roll this back to the freedom of the people to exercise a constitutional right,” he said.

The substitute bill didn’t touch the most controversial part of the bill, which would remove Ohio’s current requirement that a person must retreat from a threat before using lethal force. Under current Ohio law, residents have no duty to retreat only when they are in their homes, cars, or the vehicles of immediate family members – a so-called “castle doctrine.”

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