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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 10-08-2019, 3:53 PM
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TrappedinCalifornia TrappedinCalifornia is offline
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Default GOP Ohio Governor's Gun Plan Doesn't Include...

GOP Ohio governor's gun plan doesn't include 'red-flag' law

In fact, it's said that it doesn't include a number of things.

Quote:
DeWine said his team consulted with city leaders, lawmakers and many others and worked to produce proposals that he believes will get results, protect people's rights — and be able to pass the Republican-led Legislature.

"They do not infringe on Second Amendment rights for anyone who has a legal right to own a gun," Lt. Gov. Jon Husted said. "What the plan does is put dangerous people — criminals — on notice that if you're a threat to yourself or others, you are not legally allowed to possess weapons, and we're going to build a system to ensure that you don't."
However... If you read the STRONG Ohio bill overview, it does include...

Quote:
Key components of the bill will:
  • Create a process in Ohio law, similar to the current probate court process that directs those suffering from severe mental health conditions into court-ordered treatment, to give hospitals and courts a better ability to help those who are legally declared to be a danger to themselves or others due to drug dependency or chronic alcoholism;
  • Ensure that citizens have full due process at all probate court hearings;
  • Ensure that those legally declared by a judge to be a danger to themselves or others do not have access to firearms;
  • Give family members of those who may be a danger to themselves or others because of drug dependency or chronic alcoholism the ability to more easily petition the probate court for court-ordered treatment;
  • Mandate that law enforcement agencies and courts enter certain protection orders and arrest warrants for serious crimes into state and federal law enforcement databases to ensure more accurate background check results;
  • Create a new private-sale background check process that will increase the number of background checks conducted in Ohio while also protecting the privacy of law-abiding gun owners;
  • Create a legal safe harbor for firearms sellers who require private-sale background checks;
  • Increase penalties for those who sell or provide a firearm to someone legally prohibited from possessing a gun;
  • Give judges a range of sentences for felony cases in which a gun was either possessed, brandished, or used;
  • Increase the penalty for those who are found with a gun while legally prohibited from possessing a firearm;
  • Increase the penalty for selling a gun to a minor;
  • Increase penalties for straw purchases and knowingly possessing a straw-purchased gun.
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Old 10-08-2019, 4:18 PM
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Supersapper Supersapper is offline
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Default

If this is actually accurate, it really is not a bad mid way measure.

The only thing I would ENSURE is in fact true, is that there is a process to prevent two things:

1. The taking of firearms without a pre-deprivation hearing

2. SEVERE penalties for reporting someone as a danger to themselves or others without clear and compelling circumstances that would lead a reasonable person of average intelligence to the conclusion that the person is in fact just that.

Otherwise....seems reasonable.
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