Gun reform in Ohio: Republican senator pushes for protection orders, background checks

An Ohio Republican is taking another run at crafting gun safety legislation that can pass the GOP-controlled legislature.

Sen. Matt Dolan, R-Chagrin Falls, introduced Senate Bill 357 Thursday. The legislation would give judges the authority to temporarily take firearms from certain people in court-ordered treatment for mental health. It would create optional "seller protection certificates" for private gun sales, and require background checks for most gun sales to non-military and/or law enforcement individuals younger than 21.

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The bill would also appropriate $175 million in federal COVID recovery dollars for mental health counselors and regional crisis centers.

"We have an issue that needs to be addressed here in Ohio," Dolan told the USA TODAY Network Ohio Bureau. "You can’t just address mental health without recognizing that tragedies are occurring because mentally unfit people have access to firearms."

Lessons from failure of STRONG Ohio gun bill

This isn't the first time Dolan has tried to get his fellow Republican lawmakers to support gun reforms. Two months after the 2019 mass shooting in Dayton's Oregon District, Dolan stood beside Gov. Mike DeWine and introduced legislation to expand civil commitment or “pink slip” laws, increase the penalties for certain gun crimes and create a voluntary background check system for all private firearm sales.

STRONG Ohio received three hearings − more than most gun safety measures − but it never got a vote.

"The (Safety Protection Order) is much tighter than it was for STRONG Ohio," Dolan said. "It's pretty clear there's full due process."

Prosecuting attorneys wouldn't be able to request these orders unless the person is under a judicial order for in- or out-patient treatment. The accused also has a right to be present at the hearing, call witnesses, have an attorney and appeal the decision.

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"The truth is, and no one in Ohio can dispute this, it is accepted bipartisan law that if you are mentally unfit you are not able to buy a gun," Dolan said. "Doesn’t it stand to reason that if you develop those same disabilities after you purchase a gun that same prohibition should apply?"

Expanding background checks for buyers under 21

Ohio does not require unlicensed sellers to run background checks on gun buyers, and Dolan's proposal wouldn't change that unless the buyer was younger than 21.

Ohioans age 18 to 21 who haven't served in the military or worked in law enforcement would be required to pass a background check when purchasing anything other than a single-shot rifle. And they would need a co-signer of sorts who is older than 25 and would "vouch" for them.

"We don’t want any immature, emotional decisions being made by someone who may not have any criminal record at all," Dolan said.

For private sales where the buyer is older than 21, sellers could request something called a "sell protection certificate." These documents, which essentially amount to passing a background check, would protect a seller from any criminal or civil liabilities if the weapon was used to commit a crime.

Sellers who didn't get a certificate would only be liable civilly if a court determined them to be reckless, meaning they disregarded a known risk.

This is different from STRONG Ohio, which went with a negligence standard, a lower burden of legal proof that says a reasonable person would have seen the risk.

Will Republicans in the statehouse agree?

DeWine spokesman Dan Tierney said improving access to mental health treatment is a priority for the governor.

"This is certainly not the end or a final bill," Tierney said. "But if you look at what’s in Sen. Dolan's bill and what the governor has been talking about, it’s a lot of the same things."

The bigger lift for Dolan will be getting support from his fellow GOP members in Ohio's House and Senate who have been overwhelmingly opposed to any gun reform legislation that could limit access to firearms. Republicans control both chambers by substantial margins, so it will be impossible to pass SB 357 without their support.

Senate President Matt Huffman, R-Lima, hadn't read Dolan's bill as of Thursday afternoon. He said the challenge with these kinds of bills, in his opinion, is whether they actually prevent mass shootings or "really only hinder law-abiding citizens."

"If we’re going to go through the pain and suffering of passing a bill that some will view as anti-Second Amendment it has to actually do something," he said.

Senate Democrats aren't sure they'll back Dolan's plan either.

"I don’t have any interest in supporting a bill that has no merit...," Senate Minority Leader Kenny Yuko, D-Richmond Heights, said. "I understand what (Dolan’s) doing, and he’s trying, but this issue is too important. You can’t walk around the issue when people are dying every single day."

Yuko would prefer some of the bills introduced by Sen. Cecil Thomas, D-Cincinnati, be considered instead. Senate Bill 351, for example, would raise the age to buy a gun to 21 and create a legal process where families could petition for the temporary confiscation of a person's firearms.

Dolan's bill, in his opinion, wouldn't capture most mass shooters because they rarely find themselves in court-ordered treatment before their attacks.

"Cecil’s been doing it from day one," Yuko said. "He’s a former police officer. He’s done a tremendous job, and it’s once again being ignored."

But Nan Whaley, former Dayton Mayor turned Democratic candidate for governor, called the bill "a good first step."

"When I am governor, I'll actually fight to pass common-sense legislation like this, unlike Mike DeWine," Whaley said in a statement. "The truth is, DeWine is all talk when it comes to keeping folks safe."

Dolan doesn't have a lot of time to talk about SB 357 either.

Lawmakers are unlikely to debate any legislation until after the November midterm elections, and this General Assembly comes to an end in December.

Anna Staver is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Ohio Republican lawmaker makes another attempt at gun reform