Weapons bill is divisive

A proposal to make Ohio a "gun sanctuary" is stirring up fears of a possible rise in gun violence, opponents claim. Meanwhile, supporters say that the bill would reinforce Ohioans' firearms rights. House Bill 51, or the Second Amendment Preservation Act, is a primarily Republican-backed bill proposed by state Rep. Jean Schmidt, R-Loveland, and co-sponsor state Rep. Mike Loychik, R-Bazetta, in early February. The bill's proposal states if enacted, it will "add additional protections to the right to bear arms, to remove federal firearms law references from the state firearms control law, and to declare an emergency." In other words, the bill states that the federal government cannot force or require state and local officials to enforce "unconstitutional federal gun-control laws, executive orders or agency rule interpretations," according to a news release from the office of the bill's co-sponsor, state Rep. Jean Schmidt, R-Loveland. The bill aims to have Ohio join nearly 20 other states deemed a Second Amendment Sanctuary State or "gun sanctuary." The group Gun Owners of America defines that as a state, county or locality in the U.S. that has adopted laws or resolutions to prohibit or impede the enforcement of specific gun control measures, which are perceived to violate the Second Amendment. These U.S. states have been declared Second Amendment sanctuaries: Alaska, Arizona, Arkansas, Idaho, Kansas, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, West Virginia and Wyoming. What supporters say The measures bill supporters claim to be unconstitutional include universal gun background checks, high-capacity magazine bans, assault weapon bans and red flag laws. However, these measures, although proposed multiple times to be enacted at the federal level, have yet to succeed. The most recent attempts to do so occurred in the Supreme Court case of New York State Rifle & Pistol Assn., INC. v. BRUEN, where two judges, one in December of 2022 and the other in April 2023, ruled New York's red flag law unconstitutional. A supporter of House Bill 51, Candy Petticord, Ohio state director for Women for Gun Rights, said that the mission is to "champion the importance of preserving the 2nd Amendment and America's proud firearm heritage for future generations and passionately advocating that educating the masses, not legislating them, will make for a safer America." Petticord argues that the proposed legislation doesn't violate the U.S. Constitution's Supremacy Clause — the tenet that state law cannot supersede federal law — as opponents contend, because the federal government still has the ability to enforce federal gun measures. The difference is that the state is not required to assist and provide resources. Bill co-sponsor Loychik argued the legislation is needed in Ohio. "This Second Amendment Preservation Act protects one of our most fundamental rights as citizens," Loychik said. "This bill allows Ohio's law enforcement to carry out Ohio's laws when it comes to owning guns, ammunition and accessories. If any of these protections are violated, the bill permits an Ohioan to take action against agencies who have violated the (Second Amendment Preservation) Act." What opponents say A number of groups, including those representing Ohio police agencies and prosecutors' offices, have spoken out against the bill. Opponents of the bill said that the proposed legislation would violate the U.S. Constitution's Supremacy Clause. They also say they fear an increase in gun violence in a state they claim already lacks commonsense gun restrictions. "The Ohio domestic violence network fatality report for 2021 to 2022, (shows) there are 112 intimate partner relationship fatalities between July 1, 2021, and June 30, 2022," said Louis Tobin, head of the Ohio Prosecuting Attorney's Association, at a March House committee hearing, the Ohio Capital Journal reported. "And 91% of those fatalities involve (a) gun." Erick Bellomy II, Ohio Chapter President for the Brady Campaign, a nonprofit that advocates for gun control and against gun violence, said that Ohio becoming a gun sanctuary would most likely cause more harm than good. "Bills like this cause confusion among citizens, some of whom may believe that they no longer have to follow federal laws, as well as among law enforcement, who will believe they may no longer enforce federal laws," Bellomy said. "This puts all citizens at higher risk of harm, should this bill pass, as guns will be more easily accessible to people who are eager to misuse them." Bellomy said that the proposed legislation in Ohio is similar to that of a measure passed in Missouri. A federal judge in Kansas City struck down that Missouri law as unconstitutional. A day before the bill was signed into law, an immediate impact was felt by many programs and cross-jurisdictional law enforcement task forces meant to promote public safety. "State prosecutors on loan to the U.S. Attorney's Office to combat violent crime withdrew from over 20 federal cases," Bellomy said. "Ohio can't afford to become Missouri." Heinz von Eckartsberg, a former Dublin, Ohio, police chief, testified at a Nov. 14 hearing on the bill on behalf of the Ohio Association of Chiefs of Police. Von Ecksartsberg said his organization was concerned the bill would prohibit Ohio police agencies from using federal firearms databases "if its use were tied to investigating or enforcing any federal firearms laws that were the original focus of an investigation." He also expressed worry over wording in the bill that would prohibit state and federal law enforcement from participating in task forces for investigating gun crimes. "When dealing with criminals who are committing violent crimes, oftentimes the tools they are using to commit these atrocities are obtained illegally," von Eckartsberg wrote in prepared remarks. "A large number of these investigations are initiated with the focus on the weapon used in a crime, as that may be the only lead available. This prohibition creates an unnecessary hindrance to law enforcement in our efforts to hold these criminals to account." Tobin, in prepared remarks for Nov. 14 testimony on the bill, added that if passed the bill will have a "chilling effect on voluntary cooperative efforts between Ohio law enforcement and federal law enforcement in efforts to address a variety of types of crime."