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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
"I ask sir, what is the militia? It is the whole people except for a few politicians."
- George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)
"Greater love has no one than this, that one lay down
his lifecovering fire for his friends"
Dear Senator Hughes,
I am writing you in regards to SB 305, which you recently sponsored and entered into the legislative process. I would first like to commend you for taking a stand on the war on drugs here in Ohio. I feel that by cracking down on the trafficking of drugs in out state that the overall use will decline as well.
However, as I am sure you have realized by now, many of us in the 2nd Amendment arena are worried about certain aspects of the bill as written as they pertain to the legal transportation and storage of firearms in our vehicles under current state law. We fear interpretation of the law as currently written may be used by some entities to charge otherwise law abiding and licensed CHL holders with crimes for nothing more than exercising their rights under current Ohio law. In particular the following section I.2(c) as it pertains to the description of a "hidden compartment" under the proposed law:
Any compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle.
Under my interpretation of this passage (and apparently many others by reactions on the internet) the lock box I currently have stored in the center storage compartment under the seat of my 2008 GMC Sierra would be considered one of these prohibited spaces (picture attached).
I use this box to secure my firearm while I am at work and it is left in my truck in the parking lot. I have the gun disabled by a key safety, locked in this box which is secured to the truck's seat frame via a cable, in the locked storage space in the truck, which itself is logically locked. In this way I try and assure that if my vehicle would be stolen that the weapon could not easily be used for any criminal purpose. The lock box itself is a very large part in this chain of protection.
May I suggest that the above quoted portion of the bill be amended to include some additional wording at the end to the effect as such..
(c) Any compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle in such a manner as to be designed to avoid detection under scrutiny of inspection.
I feel that this would remove any ambiguity from the distinction of compartments used for the transportation of illegal substances and those used for otherwise legal uses, such as transporting licensed firearms.
In addition may I also suggest that an additional portion be added that makes the disclosure of any such compartments to law enforcement officials when interacting in the performance of their duties render those compartments void of enforcement under the statute of this law. This would allow people to carry firearms in containers under their seats for security and not worry about any issues if stopped for a traffic violation. This would coincide with the duty to notify aspect of the existing law as it applies to the transport of firearms in vehicles.
I know that you are a strong supporter of the 2nd Amendment as both your high standing with the NRA as reflected in your rating with them and past voting record on 2nd Amendment issues in our state. I am sure that this issue was merely an oversight in its initial drafting and can be easily rectified to protect our rights while still maintaining the original intent of the bill as envisioned into law.
As a matter of note, I am a 30 year resident of Ohio, a retired member of the Ohio Army National Guard and a licensed CHL holder in this state.
Your kind attention to this matter would be greatly appreciated.
2923.11 Weapons control definitions.
As used in sections 2923.11 to 2923.24 of the Revised Code:
(A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
(B)(1) “Firearm” means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. “Firearm” includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
(C) “Handgun” means any of the following:
(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled.
(D) “Semi-automatic firearm” means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(E) “Automatic firearm” means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. “Automatic firearm” also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.
Reader 1: "hey! my Glock made the list of best pistols ever made!"
Reader 2: "hey! so did my 1911!"
Reader 1: "but Glocks are so much better than that old pistol!"
Reader 2: "take that back!!"
Reader 1: "but its true! last issue said so!"
Reader 2: "Yeah but the issue before that said the 1911 was the combat pistol preferred by special forces!"
Reader 1: "Did not!"
Reader 2: "did too!!"
Reader 1: "I hate you!"
Reader 2: "ARGHHHH!!"
Reader 1: Bang!
Reader 2: "Hey!....you shot me...twice"
Reader 1: "had to, its a G19 in 9mm..."Reader 2: BOOM!
....and you can see how this plays out...
Reader 1: "Ah dang it!! big hole!"
"there simply is no untouchable constitutional right to keep loaded handguns in the house in crime-ridden urban areas."