SB 279: Prevent minor from gaining access to firearms

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Coordinators, Moderators

SB 279: Prevent minor from gaining access to firearms

Postby rickt » Tue Mar 27, 2018 6:22 am

S. B. No. 279 - Senators Tavares, Sykes.
Cosponsors: Senators Thomas, Skindell, Schiavoni, Williams, Brown.

To amend sections 2923.125, 2923.13, 2923.14, and 2923.25 and to enact section 2923.191 of the Revised Code to prohibit a person from improperly storing or leaving a firearm if the person knows that a minor is able to gain access to the firearm and to provide criminal penalties, including forfeiture of firearms, if a minor gains unauthorized access to an improperly stored firearm.


https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-SB-279
User avatar
rickt
OFCC Member
OFCC Member
 
Posts: 2862
Joined: Mon Jul 04, 2005 6:35 am
Location: Cuyahoga County

Re: SB 279: Prevent minor from gaining access to firearms

Postby jeep45238 » Tue Mar 27, 2018 8:20 am

Isn't there already an obligation to prevent unauthorized access to firearms? Or am I imagining things?
Never settle for the ordinary.

Rights cease to exist when restrictions are put on them.
User avatar
jeep45238
 
Posts: 5524
Joined: Sun Feb 18, 2007 10:29 am
Location: SW Ohio

Re: SB 279: Prevent minor from gaining access to firearms

Postby JustaShooter » Tue Mar 27, 2018 9:29 am

jeep45238 wrote:Isn't there already an obligation to prevent unauthorized access to firearms? Or am I imagining things?

The only current law in Ohio specific to minors and firearms deals with "furnishing" a firearm to a minor (or a handgun to someone under 21), thereby criminalizing an action. This is quite different - it criminalizes the *lack* of an action, failing to prevent access to a firearm by a minor.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
 
Posts: 4379
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: SB 279: Prevent minor from gaining access to firearms

Postby djthomas » Tue Mar 27, 2018 10:45 am

Texas has long had a similar statute and it seems to be working alright.

The one thing that's absolutely unconstitutional is this little bit:
Upon indictment for a violation of this section, a person charged with violating this section shall forfeit all firearms in the person's possession to the state or a political subdivision pursuant to Chapter 2981. of the Revised Code.

Forfeit upon indictment? Sorry, but I don't think so, bucko.
Never ask if you can carry at a non-posted place, but always ask why you cannot at one that is!
Just because they offer call ahead seating doesn't mean you call ahead for carry permission.
User avatar
djthomas
 
Posts: 5774
Joined: Sun Jan 22, 2006 11:09 am
Location: Medina County

Re: SB 279: Prevent minor from gaining access to firearms

Postby Tru-Heathen » Tue Mar 27, 2018 11:00 am

djthomas wrote:Texas has long had a similar statute and it seems to be working alright.

The one thing that's absolutely unconstitutional is this little bit:
Upon indictment for a violation of this section, a person charged with violating this section shall forfeit all firearms in the person's possession to the state or a political subdivision pursuant to Chapter 2981. of the Revised Code.

Forfeit upon indictment? Sorry, but I don't think so, bucko.


Happened to a friend who was(wrongly) charged with domestic violence. He was told to unlock his safe or they'd "open it for him".

He did get all his firearms back after his case was dropped. The Police department wanted to hem & haw about when he would get them;
his attorney made them "personally carry all of them to his car and load them into the trunk".
A wayfarer should not walk unarmed,
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.

- Verse 38 from the Havamal, the Wisdom of Odin.
User avatar
Tru-Heathen
 
Posts: 643
Joined: Thu Oct 17, 2013 1:17 pm
Location: Hardin County

Re: SB 279: Prevent minor from gaining access to firearms

Postby djthomas » Tue Mar 27, 2018 11:34 am

Tru-Heathen wrote:Happened to a friend who was(wrongly) charged with domestic violence. He was told to unlock his safe or they'd "open it for him".

Ah but there's a difference between having to surrender your firearms for safekeeping upon being charged versus having to forfeit them. Once you forfeit them, they're gone, regardless of outcome in the case.
Never ask if you can carry at a non-posted place, but always ask why you cannot at one that is!
Just because they offer call ahead seating doesn't mean you call ahead for carry permission.
User avatar
djthomas
 
Posts: 5774
Joined: Sun Jan 22, 2006 11:09 am
Location: Medina County

Re: SB 279: Prevent minor from gaining access to firearms

Postby TSiWRX » Tue Mar 27, 2018 1:16 pm

So, what happens to the minor - and the parents/legal guardians - in those cases (rare as they may be) of successful armed self-defense from home-invaders?

In 2010, a then 15 year-old Texas boy used his father's AR15 (the parent was a municipal deputy) to defend himself and his younger sister versus a pair of adult home invaders:

https://www.youtube.com/watch?v=QLhp6OGq2ko

OK, so I cherry-picked that one: I wanted an example where that demonically evil AR15 was used. But we all know that there are many more incidents which occur where the minor successfully employs all sorts of firearms, from 12-gauge shotguns to .38 caliber revolvers, to defend themselves and/or their loved ones.

As [b]JustaShooter[b] points out, as the new law criminalizes the lack of an action, what happens in these cases of legitimate self-defense?
Allen - Shaker Heights, Ohio
User avatar
TSiWRX
OFCC Patron Member
OFCC Patron Member
 
Posts: 6502
Joined: Fri Jan 28, 2011 8:33 pm
Location: Cleveland/Shaker Heights

Re: SB 279: Prevent minor from gaining access to firearms

Postby JediSkipdogg » Tue Mar 27, 2018 1:31 pm

TSiWRX wrote:So, what happens to the minor - and the parents/legal guardians - in those cases (rare as they may be) of successful armed self-defense from home-invaders?

In 2010, a then 15 year-old Texas boy used his father's AR15 (the parent was a municipal deputy) to defend himself and his younger sister versus a pair of adult home invaders:

https://www.youtube.com/watch?v=QLhp6OGq2ko

OK, so I cherry-picked that one: I wanted an example where that demonically evil AR15 was used. But we all know that there are many more incidents which occur where the minor successfully employs all sorts of firearms, from 12-gauge shotguns to .38 caliber revolvers, to defend themselves and/or their loved ones.

As [b]JustaShooter[b] points out, as the new law criminalizes the lack of an action, what happens in these cases of legitimate self-defense?


The way I read it is if it is locked in a safe, and the minor has the combination to the safe, that is legal. It would only be illegal if the firearm is unsecured. But if you secure it (aka lock it somewhere) and give the minor the password, the exception applies.

Also, there is an exception if used in self defense as well.
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
User avatar
JediSkipdogg
 
Posts: 10080
Joined: Sun Jul 27, 2008 3:03 pm
Location: Batavia

Re: SB 279: Prevent minor from gaining access to firearms

Postby TSiWRX » Tue Mar 27, 2018 1:54 pm

^ Gotcha. Thank you! :)
Allen - Shaker Heights, Ohio
User avatar
TSiWRX
OFCC Patron Member
OFCC Patron Member
 
Posts: 6502
Joined: Fri Jan 28, 2011 8:33 pm
Location: Cleveland/Shaker Heights

Re: SB 279: Prevent minor from gaining access to firearms

Postby rickt » Sun Apr 01, 2018 11:55 am

Tavares (D)
Sykes (D)

Thomas (D)
Skindell (D)
Schiavoni (D)
Williams (D)
Brown (D)
User avatar
rickt
OFCC Member
OFCC Member
 
Posts: 2862
Joined: Mon Jul 04, 2005 6:35 am
Location: Cuyahoga County

Re: SB 279: Prevent minor from gaining access to firearms

Postby WhyNot » Fri Apr 13, 2018 6:39 am

ah yes! The darkened heart beats. Devil really IS in the details. Well , who doesn't want the safeties of the kiddies?

L@@k at who sponsored it, and the suspect timing...ITS A TRICK!!
Acquisitions so far:

Slingshot
Butter knife
sharpened pencil
Newspaper roll
water balloon (diversionary)

Yeah, I'm that good
WhyNot
 
Posts: 421
Joined: Tue Dec 18, 2012 8:23 am
Location: NW Ohio

Re: SB 279: Prevent minor from gaining access to firearms

Postby jeep45238 » Sat Apr 14, 2018 8:45 am

WhyNot wrote:L@@k at who sponsored it, and the suspect timing...ITS A TRICK!!


Eh?
Never settle for the ordinary.

Rights cease to exist when restrictions are put on them.
User avatar
jeep45238
 
Posts: 5524
Joined: Sun Feb 18, 2007 10:29 am
Location: SW Ohio

Re: SB 279: Prevent minor from gaining access to firearms

Postby WhyNot » Sun Apr 15, 2018 6:32 am

jeep45238 wrote:
WhyNot wrote:L@@k at who sponsored it, and the suspect timing...ITS A TRICK!!


Eh?


Yes exactly. Very plain. Not difficult to understand but, these actors (D), (D), (D) and (D) have other bills up too. This bill with it's flaws as others ^^ have pointed out is at best an elaborate ruse
Acquisitions so far:

Slingshot
Butter knife
sharpened pencil
Newspaper roll
water balloon (diversionary)

Yeah, I'm that good
WhyNot
 
Posts: 421
Joined: Tue Dec 18, 2012 8:23 am
Location: NW Ohio

Re: SB 279: Prevent minor from gaining access to firearms

Postby Cosmos » Mon Apr 16, 2018 4:38 pm

Image
NRA Benefactor
If the police are not present to stop a crime they are just armed historians.
A 1911 beats 9-1-1 every time.
Never attribute to malice that which is adequately explained by stupidity - Hanlon's razor
User avatar
Cosmos
OFCC Member
OFCC Member
 
Posts: 230
Joined: Sat Sep 05, 2009 3:27 am
Location: SW Ohio


Return to Tweed Ring's Ohio Politics and Legislation

Who is online

Users browsing this forum: No registered users and 1 guest