|
 Legislative
Committee
ASIS Cleveland Chapter - Northeast Ohio
Legislative Chair: Larry
Schuck, C.P.P.. C.S.P.
Special Agent in Charge, Norfolk & Southern Railway Police
216-898-4079
Email >
Assisted by: Rick Friedmann, ITT
Technical Institute
at RVFriedmann@itt-tech.edu
Posted:
11-2007:
Important security-related legislation, including Ohio, appears in the
Sept. - Oct. newsletter, 10-24: Go to:
Newsletters
Posted:
4-2007
A.S.I.S. Legislative
Committee Information
Effective 3/14/07, House Bill 347
amends the Conceal Carry law in Ohio as follows:
Conceal Carry and
Repeal of Municipal Gun Ordinances (H. B. No. 347)
The Act revises the laws regarding the carrying of a concealed handgun
and also contains a preemption provision that repeals municipal gun
ordinances. More specifically, the Act:
1) Enacts Section 9.83 (which is a preemption provision) that will
repeal municipal ordinances dealing with the sale and possession of
firearms and will prevent any future enactments of such ordinances.
2) Repeals the plain sight provision of current law that allows a
licensee to carry a handgun in a vehicle if the handgun is in a holster
and in plain sight on the person’s person or if the handgun is securely
encased by being stored in a closed, locked compartment or in a case
that is in plain sight and that is locked. The Act provides that a
person can carry a loaded handgun in a vehicle if it is in a closed
case, bag, box, or other container that is in plain sight and that has a
lid, a cover, or a closing mechanism with a zipper, snap, or buckle,
which must be opened for a person to again access to the handgun.
3) Under current law those law enforcement personnel authorized to carry
a loaded firearm and acting within their scope of their duties are
exempt from various restrictions dealing with the carrying of a firearm.
The Act expands these exemptions. Section 1547.69(H) states that the
exemptions apply to any person employed in this state who is authorized
to have a loaded weapon in a boat, and who has a firearms
re-qualification certificate, unless the person’s appointing authority
has expressly specified that the exemption does not apply to that
person. Section 2923.12©) of the Act contains a similar provision that
provides that the various restriction found in Section 2923.12 do not
apply to those authorized to carry a firearm, have a firearms
re-qualification certificate, and whose appointing authority has not
expressly specified that the exemption does not apply. Section 2923.16
also contains a similar provision.
Sections 2923.121 (liquor establishments), 2923.122 (school zones),
2923.123 (courthouses) currently prohibit licensees from carrying in
these places; but in general, allows carrying by those on duty. All
three sections are amended by the Act to allow carrying of a firearm
into these places by those employed in this state, who are authorized to
carry a firearm, who have a firearms re-qualification certificate, and
whose appointing authority has not expressly specified that the
exemption does not apply to the person.
4) In general, allows BCII investigators to carry in the same manner as
peace officers.
5) Permits a qualified retired peace officer who possesses retired peace
officer identification and a valid firearms re-qualification certificate
to carry a concealed handgun in the same manner as a licensee. (See
Section 2923.126(F)) Agencies are to issue a retired peace officer
identification card to any person who retired from service as a peace
officer if the issuance is in accordance with the agency’s policies and
procedures and if the person satisfies the criteria set forth in the
statute, such as retiring in good standing, carried a firearm in the
performance of his duties, and was employed as a peace officer for an
aggregate of fifteen years or more. The ID may include the firearms
re-qualification certificate if the agency certifies the officer—the
agency is not required to provide the retired peace officer with the
opportunity to attend its firearms re-qualification program. The agency
may charge a reasonable fee for the ID and for the firearms
re-qualification if it is provided.
It should be noted that the Governor vetoed the bill and the veto was
overridden by the General Assembly.
Effective: 3/14/07
Submitted by: Larry Schuck, Chairman,
Legislative Liaison Committee
NOTE: This review of the changes comes directly
from the Ohio Association of Chiefs of Police legislative update review.
Posted:
2006
Updated 8/11/06 - Legislation Currently
Being Tracked
S. 1968 - Court
Security Improvement Act of 2005
(Physical Security in
Court Rooms – Referred to committee 11/7/05. Read twice)
H.R.
4661 - Background Check for Student Safety Act of 2006
(Requires background
checks of employees working at school construction sites – Referred to
House Government Reform 1/31/06)
S. 2032 - Public
Transportation Terrorism Prevention Act of 2005
(Dept. of Homeland
Security awarding grants to public transportation agencies to improve
security – Placed on Legislative Calendar (#299) on 11/17/05)
S.
2145 – Chemical Facility Anti-Terrorism Act of 2005
(Bill to enhance
security and protect against terrorist attacks at chemical Facilities
Scheduled for
debate – Placed on Senate Legislative Calendar 6/26/06
H.R. 4999
is identical – 4/19/06 – referred to Subcommittee on Environment and
Hazardous Materials. .
H.R. 2237 –
Chemical Security Act of 2005
(Protect the public
against the threat of chemical attacks – Introductory remarks on
6/15/05)
H.R.
2351 – Rail Security Act of 2005
(Securing the
railroads – Introductory remarks 5/13/05)
Ohio
Sub. House Bill 374 – Concealed Carry Revision
(This law would
revise the concealed carry law will allow for registered weapon owners
to concealed the weapons in their vehicles) To State Senate 3/29/06
If you hear of any
legislation that would be of interest to our membership, please contact
Larry Schuck at (LESchuck@NSCORP.com)
or;
Rich Friedmann at
(RVFriedmann@itt-tech.edu) with the information and we will attempt to
keep tabs on it.
5/12/06: Legislation Currently
Being Tracked
S. 1968 - Court
Security Improvement Act of 2005
(Physical Security in Court Rooms – Referred to committee 11/7/05. Read
twice)
H.R. 4661 -
Background Check for Student Safety Act of 2006
(Requires background checks of employees
working at school construction sites – Referred to House Government
Reform 1/31/06)
S. 2032 - Public
Transportation Terrorism Prevention Act of 2005
(Dept. of Homeland Security awarding
grants to public transportation agencies to improve security – Placed on
Legislative Calendar (#299) on 11/17/05)
S. 2145 –
Chemical Facility Anti-Terrorism Act of 2005
(Bill to enhance security and protect
against terrorist attacks at chemical Facilities – Referred to Committee
on Homeland Security and Governmental Affairs on 12/19/05)
H.R.
4999 is identical – 4/19/06 –
referred to Subcommittee on Environment and Hazardous Materials. .
H.R.
2237 – Chemical Security Act of 2005
(Protect the public against the threat of chemical attacks –
Introductory remarks on 6/15/05)
H.R.
2351 – Rail Security Act of 2005
(Securing the railroads – Introductory
remarks 5/13/05)
Ohio
Sub. House Bill 374 – Concealed Carry Revision
(This law would revise the concealed
carry law will allow for registered weapon owners to concealed the
weapons in their vehicles) To State Senate 3/29/06
If you hear of any
legislation that would be of interest to our membership, please contact
Larry Schuck at (LESchuck@NSCORP.com)
or;
Rich Friedmann at (RVFriedmann@itt-tech.edu
) with the information and we will attempt to keep tabs on it. END
Posted:
4-2-2006
I welcome the addition of Rich Friedman
of ITT Technical Institute to the Legislative Committee.
If you hear of any legislation that
would be of interest to our membership, please contact me, Larry
Schuck (email above) or Rich Friedmann at
RVFriedmann@itt-tech.edu
with the information and we will attempt to keep tabs on it.
Posted:
4-2-2006
Legislation Currently Being Tracked
S. 1968 - Court Security
Improvement Act of 2005
(Physical Security in Court Rooms –
Referred to committee 11/7/05)
H.R. 4661 - Background Check for
Student Safety Act of 2006
(Requires background checks of
employees working at school construction sites – Referred to House
Government Reform 1/31/06)
S. 2032 - Public Transportation
terrorism Prevention Act of 2005
(Dept. of Homeland Security awarding
grants to public transportation agencies to improve security – Placed on
Legislative Calendar (#299) on 11/17/05)
S. 2145 –
Chemical Facility Anti-Terrorism Act of 2005
(Bill to enhance security and
protect against terrorist attacks at chemical Facilities – Referred to
Committee on Homeland Security and Governmental Affairs on 12/19/05)
H.R. 2237
– Chemical Security Act of 2005
(Protect the public against the
threat of chemical attacks – Introductory remarks on 6/15/05)
H.R. 2351
– Rail Security Act of 2005
(Securing the railroads –
Introductory remarks 5/13/05)
Ohio Sub. House Bill 374 –
Concealed Carry Revision
(This law would revise the concealed
carry law will allow for registered weapon owners to concealed the
weapons in their vehicles)
We also hear from a member that the
Ohio Burglar & Fire Alarm Association has efforts underway to get
legislation in the Ohio House that would license security alarm dealers,
installers, and different elements of the security alarm industry. We
have not found any Bill numbers on that as yet. In addition, there is a
name change underway that would change their association name to the
Ohio Electronic Life Safety & Security Association.
Posted:
2-17-2006
I just retrieved
this from the Ohio Police Chiefs Law Review. It pertains to a
change in law that would grant credit unions and savings banks the
authority to have police officers appointed. The Act - House Bill
81 - follows:
Banks and Credit
Union Police (H. B. No. 81)
This Act makes comprehensive changes to Ohio's credit union laws. In
addition, it contains a provision of interest to law enforcement.
This provision requires those individuals appointed by the secretary
of state to act as police officers to first obtain peace officer
training.
More specifically, current law allows banks and savings and loan
associations to apply to the Secretary of State for the appointment
and commission of persons to act as police officers for and on the
premises of the financial institution. The only specified
qualifications for these on-premises police officers is that they be
Ohio residents and of good character.
The Act would
grant credit unions and savings banks the same authority to have
police officers appointed. In addition, the Act specifies that to be
qualified to be appointed and commissioned by the Secretary of State
at any financial institution (bank, savings and loan, savings bank,
credit union), a person also must complete a peace officer training
program certified by OPOTC.
Effective: 4/14/06
Posted:
2-13-2006
On January 5, 2006, President Bush signed into law
the Violence Against Women and Department of Justice Reauthorization Act
of 2005 (H.R. 3402). The “…Department of Justice Reauthorization...”
part of the legislation is what should be of particular interest to the
security industry. Buried back on page 133 of the legislation is
section 1105. It is titled “Organized Retail Theft.” A short synopsis
of the act can be found in the
Jan-Feb
North Coast Network Newsletter
under Legislative
ASIS
Cleveland
ASIS Cleveland: Professional security association,
Cleveland, Ohio, security professionals, security directors, loss
prevention specialists, risk management specialists and corporate
security personnel, security companies providing security services and
security equipment, security education, security employment, and more
|
