Ohio’s legislature has gun control efforts pending as governor calls for ‘red flag’ law

Two mass shootings in El Paso, Texas and Dayton, Ohio that left 31 dead and at least 52 injured this weekend have led to calls for gun control.

Ohioans took their emotional demands for legislative action directly to their governor, shouting “Do something!” as Republican Gov. Mike DeWine addressed a vigil honoring the victims of Sunday’s shooting.

This year, 12 bills focusing on guns have been introduced in the Republican-controlled Ohio legislature. Only two ease firearm restrictions on Ohioans, and all are still in their initial stages.

The Ohio legislature is also considering a type of “red flag” legislation to take guns out of potentially dangerous hands, a proposal DeWine has supported in the past. President Trump pointed to his support for similar laws during his speech on the weekend’s massacres Monday.

The bill, sponsored by Cleveland Democrat Sandra Williams, would allow family members, household members, and law enforcement to ask the court for a “Extreme Risk Protection Order” if they believe a person poses a danger to themselves or others.

After identifying a defendant as high risk, a hearing would determine if there is enough evidence to institute the order. Substance abuse, recent threats or acts of violence, and mental health issues would all be considered. Defendants would be eligible to appeal every 12 months once the order is in effect.

In a Tuesday morning press conference, DeWine outlined a detailed proposal that would institute a “red flag” law similar to that already working its way through the legislature.

The governor’s recommendation would allow courts to issue safety protection orders to temporarily confiscate firearms from potentially dangerous individuals. Those individuals would be required to undergo court-recommended treatment. DeWine said individuals would receive all traditional due process rights during hearings.

Rep. Cecil Thomas, a Cincinnati Democrat, introduced four separate measures in February. So far, they haven’t received hearings.

Senate Bill 62 would ban any device, including trigger cranks and bump-fire devices, used to accelerate the speed of fire of a semi-automatic gun to that of an automatic firearm. If violated, the offender would be charged with a 4th-degree felony.

Two other bills look to limit firearm sales to federally licensed firearms dealers or law enforcement agencies, eliminating most private firearms sales and closing the so-called gun show loophole. All transfers under the proposals would require background checks.

Currently, those who are 18 are able to buy rifles and shotguns in Ohio. To purchase handguns, buyers have to be 21.

Senate Bill 64 would raise the minimum age to buy all firearms in Ohio to 21. Those who knowingly sell firearms to buyers younger than 21 would be charged with a felony. Military personnel or police under 21 would be exempt from the restriction.

Another proposal works to strengthen the federal ban on firearm ownership of those convicted of domestic violence. The bill, which has had one hearing, expands the definition of domestic violence to acts committed by dating partners and prevents those with temporary protection orders from having a gun.

Other proposed measures exempt nonprofits from certain liabilities involving firearm incidents on their property and prohibit negligent storage of firearms to prevent accidents caused by minors.

Two bills, both sponsored by Republicans, look to reduce restrictions.

Legislation introduced by Republican Reps. Ron Hood and Tom Brinkman would allow those older than 21 to carry concealed deadly weapons, including guns, without a license or background check. It would also repeal the requirement to notify police of weapons when an individual is stopped by law enforcement.

Flintlock muskets are the subject of another proposed bill. Republican state Reps. Jena Powell and Todd Smith, who are sponsoring the legislation, want to exempt those who purchase antique firearms from background checks.

Last year, Ohio wrapped up a heated debate involving a proposed “stand your ground law.”

In December, the Ohio legislature stripped the “stand your ground” portion from the bill and overrode then-Gov. John Kasich’s veto. The new law shifts the burden of proof in self-defense cases from the shooter to the prosecution and expands firearm access to off-duty law enforcement.

The bill also inadvertently banned certain types of long guns. DeWine’s first piece of signed legislation, House Bill 86, reversed that mistake.

On Tuesday, DeWine outlined a total of 17 legislative recommendations to curb gun violence, including background checks on all gun purchases, enhanced school violence tip line, greater access to state psychiatric hospitals, and increased penalties for felony drug offenses.

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