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Ohio Dems introduce legislation in response to Dayton mass shooting

KEITH ARNOLD
Special to the Legal News

Published: August 21, 2019

Two weeks ago, Democrats in the Ohio House of Representatives had introduced a series of bills proposing background checks on all gun sales, extreme risk protection orders and a measure to address the gun-related suicides.

Filed as House Bill 317, the Protect Law Enforcement Act - or PLEA - would close so-called loopholes in the current laws, requiring all firearms transactions to be processed by the National Instance Criminal Background Check System.

Current federal law requires licensed dealers to perform a background check at the time of purchase.

Reps. Phil Robinson of Solon and Adam Miller of Columbus, joint sponsors of the bill, want the same rules to apply to unlicensed gun sellers and private individuals throughout the Buckeye State.

Sales among individuals or any unlicensed seller would have to take place at a federally licensed dealer or at a local law enforcement agency, both of which conduct background checks.

"To reduce violent crime and deter self-harm, we need to keep guns out of the hands of minors, felons, criminals and domestic abusers," Robinson said. "Closing the loophole in the background check process will help end easy access to guns by those who should not have guns and anyone who would sell them firearms.

"For each person that poses a danger with a gun that doesn't have one after failing a background check, that's one less crime scene where an officer or civilians could lose their lives. Police officers deserve to feel safe and secure on the job so they can do their jobs and keep our communities safe."

The lawmakers cited NICS data which indicated that since 1998, more than 81,000 sales to prohibited purchasers in Ohio were denied, including more than 37,000 illegal sales to convicted felons, over 16,000 illegal sales to prohibited domestic abusers, and more than 8,300 illegal sales to prohibited purchasers due to unlawful drug use.

Hypothetically, Robinson and Miller figured the number of denials resulting from sales among private individuals, unlicensed sellers and online sales were background checks required would easily match and possibly top the 81,000 mark.

The lawmakers said the requirement should not be too much of an inconvenience for the sellers as "every Ohioan lives within 10 miles of a gun dealer," a press release detailed.

"The vast majority of Ohioans support expanding background checks," Robinson said. "This is not just what will help keep us safe, but it is what the people want.

"PLEA is a plea to support law enforcement's efforts to keep dangerous weapons out of dangerous hands. It is a plea to help keep children, students and families safe. It is a plea for the commonsense gun safety reform that Ohioans want."

A doctor and clinician, Rep. Beth Liston of Dublin introduced House Bill 315 to require licensed firearms dealers to provide information about suicide prevention with the hope of decreasing all gun-related fatalities.

"Over 50 percent of gun deaths in Ohio are the result of firearm assisted suicide," Liston said. "I want to ensure that all gun owners are aware of the risks associated with firearms and are able to make informed decisions that are best suited for themselves and their families."

HB 315 seeks to help educate firearm purchasers about the relationship between firearm ownership and suicide, as well as provide them with resources that are available for suicide prevention.

"This is a simple and straightforward way to make sure gun owners are educated and informed about the often overlooked link between firearms and suicide," she added.

Finally, House Bill 316 would create the Extreme Risk Protection Order Act, which would allow family members, household members and law enforcement officers to obtain a court order that temporarily restricts an individual's access to firearms were the individual considered a danger to himself or others.

This type of measure is commonly called a "red-flag law" about which President Donald Trump and Gov. Mike DeWine each have mentioned as a possible solution to the related mental health issues linked to this type of violence.

Reps. Allison Russo of Upper Arlington and Bride Rose Sweeney of Cleveland have jointly sponsored HB 316.

All three bills await committee assignment.

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