Legislators supposed to recess after today

By William Hershey
whershey@DaytonDailyNews.com

COLUMBUS | Representatives from the Ohio House and Senate and Gov. Bob Taft’s office met for about an hour Tuesday in an effort to reach agreement on legislation that would permit Ohioans to carry concealed handguns.

Talks are expected to continue today, possibly with participation from representatives of the Ohio Highway Patrol and other interested groups, said Sen. Steve Austria, R-Beavercreek, who guided a bill through the Senate last week that Taft said he would be able to sign.

House members balked at some of the changes made from the legislation the House passed in March.

As well, a representative of the National Rifle Association, which has played a key behind-the-scenes role on the issue, said that group had concerns about the Senate bill.

The House and Senate are scheduled to recess for the summer after sessions today.

Asked if talks could continue through the break or pick up in the fall, Austria said, “That’s hard to say. Our hope is that if something is going to happen on this bill that it will happen this week. If the House and governor are able to come to some type of agreement, the Senate is open to discussion.”

House Speaker Larry Householder, R-Glenford, said the Senate decision to remove affirmative defenses that exist in state law for the improper use of a firearm in a motor vehicle “is our big sticking point.”

Affirmative defenses give a person the right to carry a gun in circumstances such as working in a dangerous job that makes the person susceptible to criminal attack or having a reasonable cause to fear criminal attack.

The Senate added one affirmative defense that could be used if someone is in a motor vehicle.

It would apply if, within 45 days of an incident, a court had issued a protective order on behalf of a person using the weapon.

Capt. John Born, spokesman for the state patrol, said his organization has opposed making the current affirmative defenses available when a gun is in a motor vehicle as part of the new legislation.

Taft has said he would not support a bill that is not acceptable to the law enforcement community. The patrol did not oppose the Senate bill.

New concealed-carry legislation, including current affirmative defenses, would be a “dangerous combination for a trooper on the road,” Born said.

Rep. Jim Aslanides, R-Coshocton, sponsor of the House bill and a participant in Tuesday’s talks, disagreed.

“I don’t see a strong logical or statistical reason to remove the affirmative defense from a vehicle,” he said. “I’ve listened to the argument of the Ohio (Highway) Patrol and I just don’t see it. It’s a weak argument at best. It (removing the affirmative defenses) puts too many Ohioans at risk.”

The Senate bill also would require that when a child younger than 18 is in a vehicle, a handgun “be securely encased by being stored either in a locked glove compartment or in a gun case that is in plain sight and locked.”

If no minors are in a vehicle, the Senate version reads, “the handgun must be in a holster and in plain sight or the handgun must be securely encased by being stored either in a locked glove compartment or in a gun case that is in plain sight and locked.”

Senate President Doug White, R-Manchester, said, “we’re still very, very hopeful” agreement can be reached.

The version of the bill that passed the Senate appeared to be the successful culmination of a 4 1/2-year effort to come up with legislation that would not draw a veto threat from Taft.

Contact William Hershey at (614) 224-1608.

[From the Dayton Daily News: 06.25.2003]