Constitutional carry bill puts onus on citizens to know the law

Mar. 19—LIMA — Ohio residents who plan to take advantage of a newly passed state law that allows handguns to be carried in a concealed fashion without a permit would be well served to look closely at the statute's many provisions.

Allen County Prosecuting Attorney Juergen Waldick said that while the so-called constitutional carry bill signed into law earlier this week removes from the state of Ohio the responsibility of determining who may legally carry a concealed weapon, it places that burden squarely upon the shoulders of gun owners.

Failure to understand certain nuances of the law could lead to unexpected legal problems for gun-toting residents, Waldick said.

Ohio Gov. Mike DeWine signed S.B. 215 into law on March 14. Under the new law, which takes effect June 13, qualified Ohio residents not otherwise prohibited from owning a firearm will no longer need a permit to carry a weapon — either open or concealed.

Current Ohio law defines a "qualifying adult" as a person 21 years of age or older who is not legally prohibited from possessing or receiving a firearm under state or federal law.

Waldick said it is incumbent upon persons who plan to carry concealed firearms to know the law.

"People think that with this new bill there's a free-for-all where anyone can carry a concealed weapon. Well, that's not true," Waldick said. "You still have to be a qualifying adult."

In the past, the prosecutor said, it was the responsibility of county sheriff's offices — who were in charge of issuing CCW permits — to determine if applicants met all statutory requirements to obtain a permit.

"But now, going forward, YOU need to know if you qualify" under Ohio law to legally carry a concealed weapon, Waldick said.

Section 2923.13 of the Ohio Revised Code lists circumstances which prohibit the concealed carry of firearms. Individuals may not possess a firearm if they are:

—A fugitive from justice.

—Under indictment for or have been convicted of any felony offense of violence.

—Under indictment for or have been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution or trafficking in any drug of abuse.

—Drug dependent, in danger of drug dependence, or a chronic alcoholic.

—Under adjudication of mental incompetence, have been adjudicated as a mental defective, have been committed to a mental institution, have been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation.

Violators of those and other restrictions can still be charged with having weapons while under disability, a felony of the third degree, under the new law.

Law enforcement is studying

Auglaize County Sheriff Mike Vorhees said he devoted almost a full day earlier this week to delving into the new law to understand its many intricacies so he can pass that information on to his deputies.

He also printed out several segments of S.B. 215 for office staffers who routinely issue concealed carry permits.

Among the provisions of the new law that directly affect patrol officers is that drivers no longer have the responsibility to immediately declare to law enforcement personnel that they have a firearm on their person or in their vehicle.

They must declare such possession if asked by police, however.

"I told our deputies to treat the constitutional carry law just like they did the concealed carry law. Drivers can't reach for a weapon and must keep their hands on the steering wheel at all times" when law officers approach, Vorhees said.

"Hey, I'm a Second Amendment guy and I get it, but this new law is very confusing and it's frustrating for law enforcement. I told our guys to read the law carefully," the sheriff said.

Major Ron Holman of the Lima Police Department said he has not yet read the law and thus is unaware of exactly what changes will need to be made in the way his road officers do their jobs.

"Typically the attorney general will provide law enforcement with training sessions on things like this, but I imagine things will become a little more complicated for us" when the law takes effect, Holman said.

Crossing state lines

The lack of a required CCW permit could also lead to legal problems for persons traveling across state lines. Unlike the current Ohio permit, the constitutional carry law that takes effect in June has no legal standing in other states, Waldick said.

"That's something that still needs to be sorted out," the prosecutor said. "Until then, people can still get a CCW permit and I would suggest people who plan to travel to other states do that. Ohio has reciprocity agreements with 38 or 40 other states when it comes to those types of concealed carry permits."

While the new Ohio law also removes the eight hours of firearm safety training now required for a concealed carry permit, Waldick hopes gun owners will continue to avail themselves of such training.

"Proper training and education of the new law are really, really important," Waldick said. "If you're going to carry (a weapon) it's important to learn how to properly carry."

With the governor's signature Ohio became the 23rd state to enact permitless-carry legislation.

Reach J Swygart at 567-242-0464