Ohio House votes to end 'prompt' gun in car notice requirement

COLUMBUS — Someone legally carrying a concealed firearm in a motor vehicle would no longer face penalties for failing to "promptly" inform a police officer of the presence of the weapon during a traffic stop under a bill passed along party lines in a late-night session of the Ohio House. The bill now goes to the Senate following a 58-32 vote. "This is ambiguous language that has caused confusion because it has been interpreted differently and applied arbitrarily," said the bill's sponsor, Rep. Scott Wiggam (R., Wooster). "In addition, failure to comply with the confusing language carries harsh penalties for Ohio's more than 673,000 concealed handgun license holders if there should be a perceived violation of this law." Law enforcement has generally opposed the bill. Currently, a permit holder or an active duty military member authorized to carry a concealed weapon must "promptly" inform a law enforcement officer who approaches that there is a gun in the car. Failure to do so can be a first-degree misdemeanor, carrying up to six months in jail and a fine of $1,000. The driver's concealed-carry license may also be suspended. Ohio is one of nine states with such a law, but Wiggam said Ohio has the most severe penalty of those states. Law enforcement groups have argued that the bill could place officers at risk. Rep. Jessica Miranda (D., Forest Park), a concealed-carry permit holder, opposed the bill. "The responsibility that I have as a concealed carry permit holder to responsibly notify a law enforcement officer is so insignificant that I'm perplexed as why we're even considering this legislation tonight....," she said. "Why are we creating a worrisome guessing game for our men and women in uniform?" Supporters of the bill argue that officers often already know that the driver has a concealed-carry permit before approaching the vehicle based on information downloaded by police from the patrol car with other details about the vehicle and owner. Some have also argued that police can use failure to promptly disclose the information as an excuse to detain minorities. But police counter that they don't always have time to download that information, and note that a driver's deception about having a gun in the car can be an indicator that something is amiss. While eliminating the potential penalty, the bill does not remove the obligation of the occupants of a vehicle to show officers their concealed-carry licenses or active military identification upon the officer's request. "A concealed-handgun license holder no longer must interject themselves into a conversation with the law enforcement officer," Wiggam said. "They can answer the questions as every citizen is required to do. This bill takes away reasons to unnecessarily charge otherwise law-abiding Ohioans." Opponents noted that the General Assembly has reduced the mandatory training from 12 to eight hours to get a concealed-carry permit, eliminated training for renewals, and made it easier for Ohio to recognize permits issued in other states with weaker training requirements. This is the latest pro-gun bill moving in the Republican-controlled General Assembly even as gun access reforms sought by Gov. Mike DeWine in the wake of last year's mass shooting in a downtown Dayton entertainment district have gone untouched. ——— ©2020 The Blade (Toledo, Ohio) Visit The Blade (Toledo, Ohio) at www.toledoblade.com Distributed by Tribune Content Agency, LLC.