Youngstown Daily Legal News

Lawmaker wants to allow guns in cars in government parking lots

TIFFANY L. PARKS
Special to the Legal News
Published: January 14, 2015

State Rep. John Becker has a pointed take on the ever-present gun control debates across the U.S.

“Gun control laws do not stop bad people from doing bad things. They only stop good people from doing good things,” he said.

Becker, R-Cincinnati, has taken the lead on a House bill that would authorize a person to possess or store a firearm in a motor vehicle in any Capital Square Review and Advisory Board, Ohio Building Authority or public college or university parking facility.

The proposed legislation, House Bill 420, also would authorize a concealed handgun licensee to store a handgun in a motor vehicle in any state or local government entity’s parking facility, modify school safety zone weapons restrictions and permit a concealed handgun licensee, who is an employee of a private employer, to store a handgun in a motor vehicle in the employer’s parking facility.

“The major emphasis of HB 420 is to allow employees, with concealed carry permits, to keep guns locked in their cars,” Becker said in recent sponsor testimony for the bill before the House Policy and Legislative Oversight Committee.

“Many people think of this as a basic, God-given right to self-defense. Or, ‘Hey, my employer doesn’t have the right to tell me what equipment I can, or can’t, keep in my car.’ Well, under current law, yes they do.”

Becker said HB 420 represents the opportunity to debate private property rights.

“That is, the right of the employer to restrict what is in his employee parking lot verses the right of the employee to keep the equipment of his choice locked in his private automobile,” he said.

According to a bill summary, HB 420 would authorize any person to possess a firearm in a motor vehicle, and to store or leave a firearm in a locked motor vehicle that is parked in any facility, garage or lot owned, leased, operated or controlled by the Capitol Square Review and Advisory Board or the Ohio Building Authority.

Under current law, these firearm possession and storage rights are available to individuals at the state underground parking garage at the Statehouse and at the parking garage at the Riffe Center for Government and the Arts.

The summary states the proposed legislation would presumably authorize possession and storage of a firearm at the parking facilities associated with the Ohio Department of Education, North High Street Complex, Ohio governor’s residence and heritage garden, state of Ohio Computer Center, Frank J. Lausche State Office Building in Cleveland and Michael V. DiSalle Government Center in Toledo.

HB 420 declares that the right to store a firearm at the applicable locations “may not be superseded, limited or restricted under any provision of the concealed handgun law or in any other manner.”

During his testimony, Becker pointed to an Islamic beheading that occurred in an Oklahoma food processing plant in September.

“The second victim survived only because the CEO was armed and killed him before he was able to finish her off,” he said.

“We all know about the mass murders that have occurred throughout the country. While people were dying at a rate of one per second, the police were somewhere in transit. Lives have been saved and many could be saved, when good people are able to shoot back.”

With regard to school safety zones, HB 420 would modify weapons restrictions.

Current Ohio law generally prohibits the conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone, but exempts certain persons in certain circumstances from the prohibition.

For example, the summary noted a person who possesses a handgun, has a valid concealed handgun license and is the driver of a vehicle picking up or dropping off a child may be exempt from the ban.

The proposed legislation would extend the exemption to an individual who is the driver or passenger in a motor vehicle, is not in violation of the law on improperly handling firearms in a motor vehicle and who conveys, attempts to convey, or possesses the handgun in the school safety zone while in the motor vehicle and while traveling to a parking facility that is owned, leased, operated or controlled by a state or local government entity.

To be exempt, the individual could remain in the vehicle after it is parked in the facility’s lot or exit the vehicle but keep the firearm locked inside.

The measure also specifies that a college or university that receives state funds in its support may not prohibit a concealed handgun licensee from carrying a concealed handgun in a motor vehicle in a school parking facility, from storing or leaving a handgun in a locked motor vehicle in a school parking facility or from carrying a concealed handgun while in the immediate process of placing the handgun in a locked motor vehicle in a school parking facility.

“Any policy, practice, rule or restriction to the contrary is unenforceable,” the bill summary read.

HB 420 also states that a private employer may not prohibit an employee who possesses a concealed handgun license from carrying a concealed handgun in a motor vehicle or storing the firearm in their vehicle.

The summary states a private employer may not post a sign, or enforce any rule, policy or practice, that prohibits this activity.

In referencing the mass shootings that have taken place across the nation, Becker said he doesn’t know what he would do in such an emergency.

“But when I think of the large number of brave former and current military men and women out there, and a few on this committee, I know what they would do,” he said.

HB 420 has not been scheduled for additional hearings.

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