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September
2008
In
this issue I will explain the changes in the CHL laws that will go into effect
September 8, 2008. The General Assembly has passed S.B. 184 with amendments. A
plain-language explanation of the new laws follows below.
If you
wish to read the new laws for yourself then click this link:
http://www.legislature.state.oh.us/bills.cfm?ID=127_SB_184
Tort
Reform
Bars criminal offenders or their attorneys from recovering damages for injuries
they receive while engaged in specified criminal acts even if not charged.
Castle Doctrine
Removes the duty to retreat from a criminal attack before using force to defend
yourself or another if you are lawfully in a residence or vehicle (vehicle must
be your own or that of an immediate family member). In such situations, the
burden of proof that an act was not self defense falls on the prosecution
provided the defender was lawfully in the residence or vehicle and the attacker
was not.
LEO Notification
Reduces the penalty for failure to notify a LEO that you have a
CHL if the officer knows you
have one to a minor misdemeanor (for example, you are stopped in a motor vehicle
that is registered to you and the officer runs your plates). Note that this does
not relieve you of the duty to inform, only reduces the penalty if you don't.
Class D
The Class D liquor permit restrictions were altered. Rooms are no longer off
limits for "dispensing", only for rooms in which a Class D has been issued where
alcohol is being consumed. An exception was added for retail stores provided the
CHL holder was not
consuming. An example would be grocery stored conducting a wine tasting. An
exception was also added for the holder of the Class D license for any
establishment provided the Class D holder has a
CHL and is not consuming
alcohol.
Picking Up or Dropping Off at School
Decriminalized ccw in a school safety zone while immediately in the process of
picking up or dropping off kids at school provided the
CHL holder remains in the
vehicle.
Sealed Records
If a past criminal conviction has been sealed or expunged or relief from
disability granted by a judge, those records are not to be used as grounds for
denial for a CHL.
Renewals
When renewing a CHL, you are no longer required to bring a color photograph or
resubmit fingerprints. For first time renewals, evidence of meeting the
educational requirements are no longer required. For subsequent renewals, a
written test does not need to be taken, only a demonstration of range
competency.
Public Buildings
Only government buildings denoted in the law are off limits, as well as those
buildings or parts of buildings owned or leased by the government of Ohio, or a
political subdivision of Ohio (county or local governments, for example), where
employees of the government regularly are present for the purpose of performing
their official duties as employees of the state or political subdivision. It
specifically excludes buildings used primarily as a shelter, restroom, parking
facility for motor vehicles, or rest facility.
Homeowner's Rights
You are not required to have a CHL
to lawfully carry concealed in your own home.
Tenant's Rights
Landlords cannot deny or restrict tenants who have a CHL, or guests with a
CHL while the tenant
is present, their right to keep and bear arms.
Parking Lots
If you knowingly violate a prohibition against firearms in a private parking lot
or parking facility, it is a civil trespass issue, not a criminal trespass
(provided you are not in violation of other laws).
Retired Peace Officers
The firearms requalification period for retired peace officers was extended from
one to five years.
Motor Vehicle Transport
Unloaded firearms at least twenty-four inches in overall length as measured from
the muzzle to the part of the stock furthest from the muzzle with a barrel at
least eighteen inches in length do not need to be transported in a closed
case or secured in a rack provided they are in plain sight with the action open
or the weapon stripped (if both as possible).
CHL holders can transport a
loaded firearm in an unlocked (but closed) glove compartment or vehicle console.
Unloaded Defined
An unloaded firearm is defined as having no ammunition in the firearm and no
ammunition loaded into a magazine or speed loader that may be used with the
firearm in question and that is located anywhere within the vehicle in question,
without regard to where ammunition otherwise is located within the vehicle. What
this means is don’t have any magazines or speed loaders loaded in the vehicle
Firearms Confiscations and Surrenders
If a firearm is confiscated or surrendered to police, they must take steps to
track ownership so it can be returned in the same condition it was in when taken
into custody. If a firearm is not returned and a court orders the return, the
law enforcement agency is responsible for all legal fees.
Multiple Crimes
Specifies that for certain multiple crimes of violence, convicted individuals
must receive multiple mandatory sentences and not be able to plead out to a
single crime.
This is
tremendously good news for CHL holders in Ohio and a step in the right direction
to make further needed reforms.
Remember, this changes don’t go into effect until September 8, 2008 (90 days
after the Governor signed it on June 10, 2008.)
Joe
Matyas is a certified firearms training instructor with 36 years of training
experience and teaches CCW, advanced personal protection courses, and classes
that train individuals to become Certified Range Safety Officers. E-mail Joe at
jmatyas@neo.rr.com
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Canton McKinley Rifle & Pistol Club
