Ohio police, prosecutors worry new Second Amendment bill will thwart gun investigations

Republican lawmakers want to protect gun rights in Ohio, but police and prosecutors worry that proposed legislation will thwart partnerships they use to investigate gun crimes.

House Bill 51 is billed as a way for conservatives to fight back against Democratic President Joe Biden's push for gun restrictions and to defend the Second Amendment. But police and prosecutors are concerned it will eliminate the cooperation they need to investigate gun crimes, and the changes would make Ohio less safe.

The proposal, called the "Second Amendment Preservation Act," would prevent local police from enforcing federal firearms restrictions. Violations could lead to lawsuits and a $50,000 fine.

The Enquirer recently reported on the work being done at Cincinnati's Crime Gun Intelligence Center, a partnership between the Bureau of Alcohol, Tobacco, Firearms and Explosives and Cincinnati police. Between January 2022 and April 2023, Cincinnati's center made 506 arrests, according to Cincinnati police Lt. Eric Vogelpohl, who is among the leadership at the center.

House Bill 51's opponents say this operation, as well as the drug task force partnership with the Drug Enforcement Agency and other federal agencies, would be shut down if the bill passes.

"It’s going to interfere with investigations into gun crimes and violent crimes and things that are just critical to public safety," said Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association.

One of the bill's sponsors, Rep. Jean Schmidt, R-Loveland, said this issue was addressed in a recent revision to the bill. "The language has been scrutinized, so I think that we've alleviated their concerns."

The bill also prevents local police from hiring former FBI, U.S. Drug Enforcement Administration or other federal officials who worked on drug cases. That's a problem as law enforcement already struggles to attract quality candidates, Tobin said.

Bipartisan opponents: Police need to work together to solve gun crimes

Both Hamilton County Prosecutor Melissa Powers, a Republican, and Sheriff Charmaine McGuffey, a Democrat, oppose the bill.

“As I have stated in the past − it is my conviction that we must, in the state of Ohio, support legislation that strengthens only responsible gun ownership as it relates to red flag laws, concealed carry permits, and restrictions regarding the purchase and use of semi-automatic rifles," McGuffey said in a statement.

Powers said she supports the Second Amendment, but the bill is misguided and would put Hamilton County communities in danger. She credited the Crime Gun Intelligence Center with solving countless shootings and homicides.

"The Cincinnati Police Department, the Hamilton County Prosecutor's Office and our federal partners work together to identify the guns causing chaos in our communities and to bring the shooters to justice," Powers said.

With the modern emphasis on targeted enforcement, Powers said the criminals identified through federal partnerships are exactly the high-priority offenders who should be in prison.

A check against government disregarding 'fundamental and constitutional rights'

Those who back the bill say it's a needed protection against federal overreach, which threatens fundamental gun rights. It's backed by groups like Ohio Gun Owners.

"This bill is a check against a government that seems to disregard our fundamental and constitutional rights," Schmidt told a House committee. "This bill does not let those who break the law go free, nor does it allow for a lawless society. It simply puts power back to the states, and back to the people."

A similar law passed in Missouri in 2021 was ruled unconstitutional because it prevented federal law enforcement from doing their jobs. The U.S. Supreme Court recently refused to reinstate the law during an appeal.

An earlier case from 2014 centered around Kansas' "Second Amendment Protection Act." Two men were federally indicted for buying and selling unregistered firearms and silencers. The pair argued the Kansas law shielded them.

However, the court ruled that state lawmakers cannot stop the federal government from enforcing laws due to the Supremacy Clause in the U.S. Constitution. The clause basically states federal law takes precedence over state law.

The Ohio Legislative Service Commission, which researches and analyzes bills for lawmakers, cited the Kansas case as an example of why Ohio might be sued if this bill became law.

But those concerns don't give House Speaker Jason Stephens, R-Kitts Hill, too much pause. "That's part of the conversation that we're having on this issue as far as federalism versus state powers."

Stephens told reporters that he anticipates the House will pass the proposed legislation before the end of the year or certainly by the end of the Legislature's two-year session, which runs through Dec. 31, 2024. The House has two scheduled voting sessions before the end of 2023.

Jessie Balmert 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 Cincinnati Enquirer: Police, prosecutors worry Second Amendment bill will thwart gun probes