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Thursday, December 07, 2006

Lame duck's last kick

Ohio Gov. Bob Taft vetoed a concealed carry bill that would have nullified local gun restrictions all over the state.

Good for him.

The Second Amendment gives people the right to own guns, but like any of our Constitutional rights it is not without restrictions. A lot of Ohio communities, Cincinnati among them, have decided for instance that is not in the public interest for people to carry assault rifles.

For years Ohio had an unworkable and unconstitutional policy on concealed carry. You had a right to carry a gun under certain circumstances, but the only way to establish that right was to get arrested and prove your case. That completely warped the notion of innocent until prove guilty and three years ago the Legislature finally corrected the law. The bill the governor vetoed, passed by the Legislature last week, was labeled as a "cleanup" measure to straighten out a few working kinks, such as eliminating the requirement that drivers keep guns in plain sight instead of in their holsters or purses during traffic stops. Instead, as Taft noted in his veto message, with little debate the bill usurped local control on an important public safety issue. The benefit of that escaped me.

The Republican-controlled Legislature has been unwilling to override Taft on his two previous vetoes, but with less than a month left in his term, the members aren't worried about staying on his Christmas list. The House voted 71-21 to override the veto Thursday afternoon. Whether the Senate will follow suit when it reconvenes Tuesday is a closer question. There were 19 senators voting for the bill when it passed last week, the same number needed to override.

I would like to hear each senator voting for an override to explain why he/she wants to eliminate local communities' say over such things as bans on assault weapons.


7 Comments:

at 10:02 PM, December 07, 2006 Anonymous Anonymous said...

The fact that local municipalities can (and have) banned concealed carry nullifies the general nature and intent of the legislature in passing the current law. With a patchwork of local laws we currently have law-abiding citizens who are unknowingly breaking the law every time they drive up I-71 or I-75.

Here is a perfect example:

A valid Ohio motorcycle license allows anyone who travels in Ohio not to wear a helmet. What if some local town and cities were to make it part of their local law you had to wear a helmet while traveling through their town? Can you see the problem with that.

As for the assault weapons bogeyman....I would like to see the stats on how many of this years (or any years) homicides were committed with assault weapons. Seems like most of them are killed with handguns possessed illegally.

Cincinnati municipal code doesn't even use the word "assault weapon" Cincinnati has a ban on "semi-automatic weapons" which is defined as any rifle or carbine that was designed or has a magazine that can hold more than ten rounds. Or a pistol that was designed or has a magazine that can hold more than 15 rounds.

All of which as done diddly-squat to combat crime in Cincinnati. They should be concentrating on human "assault weapons" like the thug who robbed and raped a young woman on the Purple People bridge. Get these thugs off the streets, impose and increase the maximum penalties for those who actually use a firearm to commit crimes, that is the way to reduce gun violence in Cincinnati.

 
at 10:14 PM, December 07, 2006 Anonymous Anonymous said...

More info regarding the "assault weapons" ban in Cincinnati. Only one person has every been convicted!!


From the Associated Press:

Ken Hanson, legislative chairman of the Buckeye Firearms Association, said eliminating the local laws is a reasonable goal - and one that was in the bill for many months.

"Certainly, gun owners want to be able to travel throughout the state," he said. "Driving down here today, I passed through six municipalities. If I'd happened to have a firearm in my car, I have no idea as I drive along unless I look up those codes whether I'm legal or illegal."

Hanson said Ohio law is already robust enough to handle the vast majority of assault weapons cases without the local bans, noting there have been only two convictions under Toledo's assault weapons ban, one under Cincinnati's, and none under the one in Columbus.

"These objections on home-rule grounds are red herrings," he said.

 
at 9:44 PM, December 08, 2006 Anonymous Anonymous said...

I was the main organizer agains this idiotic gun ban many years ago. When it passed, I, a law abiding attorney, moved out of Cincinnati rather than face violating a silly misdemeanor. However, people who violate felony statutes-such as laws prohibiting murder and robbery-don't worry about a misdemeanor offense. Only us law abiding citizens. This moronic law was designed to harass people like me-conservative gun owners who didn't buy into Dave Mann's frantic calls "TO DO SOMETHING"

these city laws are nothing more than the spiteful schemes of anti gun politicians who want to drive people who vote against them out of their city

 
at 9:46 PM, December 08, 2006 Anonymous Anonymous said...

I was the main organizer agains this idiotic gun ban many years ago. When it passed, I, a law abiding attorney, moved out of Cincinnati rather than face violating a silly misdemeanor. However, people who violate felony statutes-such as laws prohibiting murder and robbery-don't worry about a misdemeanor offense. Only us law abiding citizens. This moronic law was designed to harass people like me-conservative gun owners who didn't buy into Dave Mann's frantic calls "TO DO SOMETHING"

these city laws are nothing more than the spiteful schemes of anti gun politicians who want to drive people who vote against them out of their city

 
at 10:21 AM, December 09, 2006 Anonymous Anonymous said...

Cincinnati Mayor Mark Mallory should be cited under Ohio's new law for blowing smoke in a public area regarding his claim of the city's "right to protect our citizens" ("House overrides veto of gun bill," 12/08/2006). Where is such a "right" enumerated? What IS well settled is the city's immunity from liability for property damage, personal injury and death resulting from the inability of the police to protect all people at all times. It appears that what Mayor Mallory really objects to is the exercise of a person's natural right of self defense, favoring instead a police state and a personal bodyguard. In light of this, each point of entry into Cincinnati should have a warning posted: "ENTER AT YOUR OWN RISK."

 
at 10:23 AM, December 09, 2006 Anonymous Anonymous said...

Gun bans NEVER prevent gun crime. Britain and Australia have proven that. Gun bans ALWAYS precede government tyranny. Germany and Russia have proven that. Those who refuse to acknowledge such facts are intellectually dishonest, David Wells.

Barrel length, magazine capacity and appearance are irrelevant with regard to whether or not a weapon is considered to be an "assault weapon." The U.S. military defines an "assault weapon" as one which is capable of being fired in both semi-automatic and automatic modes. When the trigger is pulled in semi-automatic mode, the weapon will fire one shot, eject the spent cartridge, and reload a fresh cartridge in preparation for the next shot. When the trigger is pulled in automatic mode, the weapon will fire repeatedly until the trigger is released or the weapon runs out of ammunition.

True assault weapons are heavily regulated by the federal government. One must pass a background check, submit fingerprints (possibly even a photo) and generally have approval from the primary local law enforcement agency in order to obtain an assault weapon. In addition to the exhorbitant price of the assault weapon itself, one must also pay the federal government (in advance of the purchase) a $200 stamp tax. Once an individual has obtained an assault weapon, he may not transport it out of state unless he files a request with, and receives approval for his itinerary from, the BATF.

A bolt-action rifle or carbine does not suddenly become capable of semi-automatic operation, and hence become a "semi-automatic weapon," simply because someone inserts a magazine capable of holding more than some arbitrary number of rounds.

A semi-automatic weapon does not suddenly become capable of automatic operation, and hence become an "assault weapon" or "automatic weapon," simply because someone inserts a magazine capable of holding more than some arbitrary number of rounds.

Those who believe such things are either delusional or intellectually dishonest, David Wells.

 
at 6:52 PM, December 17, 2006 Anonymous Anonymous said...

Mr. Wells you mention that citizens have a Constitutional right to own and carry firearms, but in the same breath quickly back pedal away from that right claiming rights are not without restriction.

The only legitimate restrictions that could be placed upon a citizen's Second Amendment right having everything to do with them as individuals and nothing to do with the particular type of firearm or location where it is owned/carried.

It is right and proper to keep firearms out of the hands of young children, mental incompetents, and criminals that are currently under the control of the state. Outside of that the legal ground quickly becomes unstable for the restrictions you clearly support.

The Second Amendment is a person's right to self-defense and belongs to every living person and as such is outside of the government's control since it existed before the creation of any government anywhere. Be intellectually honest enough to admit that you fear guns and the people who choose to own, carry, and use them so as not to become victims of crime, and while you love restrictions because of your fear, you and other like-mined people do not have the authority to interfere with others Constitutional Rights. So long as I and others only use are weapons for self-defense no restriction other than the aforementioned is legal or appropriate.

 
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