Castle Doctrine signed, what CCW Changes??

[FiremanMike]

http://www.nbc4i.com/midwest/cmh/news.apx.-content-articles-CMH-2008-06-10-0043.html


Governor Signs "The Castle Doctrine"

Tuesday, Jun 10, 2008 - 10:38 PM Updated: 11:09 PM


Credit: Keith Dailey, Office of Ohio Governor Ted Strickland

COLUMBUS, Ohio -- Ohio Governor Ted Strickland today signed Senate Bill 184 – the “Castle Doctrine” legislation.

“This legislation offers needed clarifications to Ohio’s concealed carry law and strengthens legal protections for citizens who defend themselves and their families against intruders in their homes,” Strickland said.

State Senator Steve Buehrer sponsored SB 184, which presumes that a person has acted in self-defense when using force that may cause death or injury against an individual who has unlawfully entered the person’s home or occupied vehicle. Under current Ohio law, the burden lies on the resident who has used force to prove his or her reasoning for such action.

Senate Bill 184 also makes several changes to the concealed carry law in Ohio. Additionally, the bill adjusts the mandatory prison terms for firearms-related convictions.

---

What CCW changes were there?

[FiremanMike]

http://www.ohioccw.org/content/view/3990/83/

What does SB 184 Mean to You? PDF Print E-mail
Written by Daniel White
Thursday, 29 May 2008

Now that Sub SB 184 has passed the Ohio legislature and is on its way to Governor Ted Strickland (who has said he supports the legislation), many Ohioans are now wondering exactly how the changes will affect them in roughly three months when they will go into law.

With that in mind, I'd like to present a layman's analysis in plain English. Before that, though, I'd like to offer my sincere thanks and appreciation to the organizations and individuals who worked so hard to get these important fixes passed.

First and foremost, thank you to Senator Buehrer for sponsoring the legislation, and to all of the legislators who signed on as co-sponsors, supported, and voted for the bill. I also extend thanks to those gun rights organizations whose members presented testimony (especially Gary Witt who testified on behalf of OFCC), made phone calls, wrote letters, and sent emails. This includes members of Ohioans For Concealed Carry and our forums, the National Rifle Association, NRA Institute for Legislative Action, Ohio Rifle and Pistol Association, Buckeye Firearms Association, Peoples Rights Organization, numerous bloggers and their readership, and any other gun rights activist who participated in the process.

Below is my interpretation of the bill. It is in no way intended to be construed as legal advice or a professional interpretation. I encourage you to read the bill yourself.


Tort Reform
Bars criminal offenders or their attorneys from recovering damages for injuries they receive while engaged in specified criminal acts even if not charged.

Castle Doctrine
Removes the duty to retreat from a criminal attack before using force to defend yourself or another if you are lawfully in a residence or vehicle (vehicle must be your own or that of an immediate family member). In such situations, the burden of proof that an act was not self defense falls on the prosecution provided the defender was lawfully in the residence or vehicle and the attacker was not.

LEO Notification
Reduces the penalty for failure to notify a LEO that you have a CHL if the officer knows you have one to a minor misdemeanor (for example, you are stopped in a motor vehicle that is registered to you and the officer runs your plates). Note that this does not relieve you of the duty to inform, only reduces the penalty if you don't.

Class D
The Class D liquor permit restrictions were altered. Rooms are no longer off limits for "dispensing", only for rooms in which a Class D has been issued where alcohol is being consumed. An exception was added for retail stores provided the CHL holder was not consuming. An example would be grocery stored conducting a wine tasting. An exception was also added for the holder of the Class D license for any establishment provided the Class D holder has a CHL and is not consuming alcohol.

Picking Up or Dropping Off at School
Decriminalized ccw in a school safety zone while immediately in the process of picking up or dropping off kids at school provided the CHL holder remains in the vehicle.

Sealed Records
If a past criminal conviction has been sealed or expunged or relief from disability granted by a judge, those records are not to be used as grounds for denial for a CHL.

Renewals
When renewing a CHL, you are no longer required to bring a color photograph or resubmit fingerprints. For first time renewals, evidence of meeting the educational requirements are no longer required. For subsequent renewals, a written test does not need to be taken, only a demonstration of range competency.

Public Buildings
Only government buildings denoted in the law are off limits, as well as those buildings or parts of buildings owned or leased by the government of Ohio, or a political subdivision of Ohio (county or local governments, for example), where employees of the government regularly are present for the purpose of performing their official duties as employees of the state or political subdivision. It specifically excludes buildings used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility.

Homeowner's Rights
You are not required to have a CHL to lawfully carry concealed in your own home.

Tenant's Rights
Landlords cannot deny or restrict tenants who have a CHL, or guests with a CHL while the tenant is present, their right to keep and bear arms.

Parking Lots
If you knowingly violate a prohibition against firearms in a private parking lot or parking facility, it is a civil trespass issue, not a criminal trespass (provided you are not in violation of other laws).

Retired Peace Officers
The firearms requalification period for retired peace officers was extended from one to five years.

Motor Vehicle Transport
Unloaded firearms at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle with a barrel at least eighteen inches in length do not need to be transported in a closed case or secured in a rack provided they are in plain sight with the action open or the weapon stripped (if both as possible). CHL holders can transport a loaded firearm in an unlocked (but closed) glove compartment or vehicle console.

Unloaded Defined
An unloaded firearm is defined as having no ammunition in the firearm and no ammunition loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle. What this means is don’t have any magazines or speed loaders loaded in the vehicle

Firearms Confiscations and Surrenders
If a firearm is confiscated or surrendered to police, they must take steps to track ownership so it can be returned in the same condition it was in when taken into custody. If a firearm is not returned and a court orders the return, the law enforcement agency is responsible for all legal fees.

Multiple Crimes
Specifies that for certain multiple crimes of violence, convicted individuals must receive multiple mandatory sentences and not be able to plead out to a single crime.

--

Answered my own question, enjoy :)

[LPI]

I'm glad to see they addressed some of these issues.

The following was the one that always amazed me when CCW was initially passed into law in '04:

"Homeowner's Rights
You are not required to have a CHL to lawfully carry concealed in your own home."

[FiremanMike]

I actually didn't know that was an issue lol!

[CPD7297]

Retired Peace Officers
The firearms requalification period for retired peace officers was extended from one to five years.

I have to go in July to the academy range to renew my 1 year qualification. I'll see if they are aware of the change. I continue to shoot in competition shooting sports and still make trips to the local private range. I think 5 years might be too long for some guys. I'll bet most retired officers let their off-duty gun collect dust until it's time to re-qualify. Nonetheless, I was happy to see HB218 pass.

[FiremanMike]

I have to go in July to the academy range to renew my 1 year qualification. I'll see if they are aware of the change. I continue to shoot in competition shooting sports and still make trips to the local private range. I think 5 years might be too long for some guys. I'll bet most retired officers let their off-duty gun collect dust until it's time to re-qualify. Nonetheless, I was happy to see HB218 pass.

Did they ever get your ammo shortage figured out?

[CPD7297]

I did hear something about an ammo shortage. I'll ask when I schedule to qualification date in a few weeks. I do know, if retired suburban officers qualify at the CPD range, they have to bring their own ammo.