Ohio House lawmakers consider gun bills with different agendas • Ohio Capital Journal

Disabled weapons

Federal law provides several rules prohibiting a person from possessing a firearm. Perhaps one of the most significant is the ban on drug users owning firearms, one of the charges Hunter Biden was convicted of.

Federal law also prohibits anyone convicted of misdemeanor domestic violence from possessing a firearm. This is not the case with Ohio law.

State Rep. Scott Wiggam, R-Wayne County, is more concerned about undocumented people. Federal law already prohibits undocumented people from obtaining a firearm, but Wiggam wants to see the same restrictions reflected in state law. Under his bill, an undocumented person who knowingly possessed a firearm would be guilty of a third-degree felony.

Although concerns about illegal immigrants are a recurring issue in the Republican Party, studies tend to dismiss the idea that immigration leads to increased violence. In a Texas study, researchers found that undocumented immigrants committed fewer violent crimes than native-born citizens.

And the specific ban on undocumented people faces new uncertainty, thanks in large part to one of the biggest recent victories for gun rights advocates. The case known as Bruen overturned New York’s strict concealed carry gun provisions on the grounds that such restrictions had no historical precedent in early American law.

Court interpretations of the Second Amendment have also become broad enough that some circuits disagree on whether the amendment extends protection to undocumented people. Regardless of immigration status, for example, the Constitution guarantees the right to due process and unreasonable searches and seizures.

In March, a federal judge in Illinois overturned a disability-related gun conviction against an undocumented man. The court held that the Second Amendment provides protection for all and determined that the legal history of disarming noncitizens supports a case-by-case basis for decisions.

“That’s where we are today,” Wiggam said, adding “where uncertainty exists, I believe House Bill 551 creates parity between Ohio law and existing federal law “.

Wiggam argued that it was likely that the U.S. Supreme Court would eventually have to address the issue, but that should not stop Ohio from taking action.

“I think states should pass the gun laws that they think are important,” Wiggam said. “I understand this is a federal law. I think the state of Ohio should speak out on this issue now and be a part of it.

Cancel constitutional portage

While Wiggam urged lawmakers to roll back gun rights for a specific group, state Reps. Richard Brown, D-Canal Winchester, and Dani Isaacsohn, D-Cincinnati, called for a general rollback.

“This bill, House Bill 418,” Brown explained, “will repeal Ohio’s unlicensed concealed carry law in its entirety.”

But he acknowledged that “many, if not most, of you here today strongly disagree with that position.”

Brown reiterated law enforcement’s opposition when the changes were approved in 2022, and he questioned a study that Ohio Attorney General Dave Yost touted as justification for the policy. Brown argued that comparing a year before and after the bill went into effect is not “enough evidence to be reliable,” and that even the authors acknowledged their findings conflicted with other, much larger studies.

“We’re not saying we should ban guns,” Brown argued. “We’re not saying there can’t be concealed carry permits – concealed carry permits have been very successful. »

He insisted it was possible to protect Second Amendment rights without allowing any adult to carry a concealed weapon, no questions asked. As an example he cited in 2021, the Attorney General’s concealed carry report showed 4,968 licenses were denied, suspended or revoked.

“These almost 5,000 people can now carry concealed items without a permit,” he said.

Isaacsohn pointed to a poll last year showing that 88 percent of Ohioans supported training before granting someone the right to carry a concealed weapon.

“This legislation is common sense. It is extremely popular and will save innocent lives. It’s that simple,” Isaacsohn said.

Committee Chairman Rep. Bob Peterson, R-Selina, asked them to address the prevalence of gun violence in big cities, especially those in blue states. Isaacsohn argued that these criticisms amounted to sleight of hand. He said when looking at state-level data, death rates in more regulated states tend to be lower, even though population centers sometimes face higher crime.

“In states like New York and others that once had high rates of gun violence, state laws have had a major impact,” he argued.

But while he says gun safety laws make a difference, every step in the opposite direction — making guns more accessible — contributes to a “culture of gun violence.” Their bill alone cannot solve this problem, Isaacsohn said.

“So, do I think that cities with large populations struggle with gun violence? Yes,” he said. “Do I think bills like this prevent all gun violence? No.”

But a review of other states that have allowed municipalities to pass “common-sense gun laws” and states that have passed their own laws shows “they have lower rates of gun violence than states who don’t,” he told the committee.

Follow the OCJ journalist Nick Evans on Twitter.