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Gun Safety Advocates To Resubmit Background Check Proposal

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  • Gun Safety Advocates To Resubmit Background Check Proposal

    After Attorney General Dave Yost on Thursday refused to certify a proposed initiated statute to close gun background check loopholes, the group behind it said they will restart the process.

    Ohioans for Gun Safety earlier this month submitted their proposal, "An Act to Close Loopholes in Background Checks on Gun Sales," that would generally require that sales and transfers of firearms to be conducted by a federally licensed firearms dealer. (Summary)

    However, AG Yost in rejecting the summary of the petition found that it does not accurately reflect the sales or transfers to which the proposal would apply.

    "Specifically, the summary broadly states that 'all sales or transfer of firearms be conditioned on the person receiving the firearm being subjected to a background check pursuant to federal law.' Yet the language of the proposed statute only requires that a background check be conducted pursuant to federal law when the purchaser or transferee is a private person," he wrote.

    "And though the proposed statute differentiates between private individuals and federal firearms dealers, it does not impose any background check obligations upon a federal firearms dealer. Although there may be federal statutes or regulations that impose such requirements on a federal firearms dealer, the issue is that, as written, the proposed Ohio statute does not."

    He also said it fails to address the number and extent of exceptions that would apply.

    "The summary does nothing to explain — or even preview — the extent of any of these exceptions," he wrote.

    The group's spokesman, Dennis Willard, said Mr. Yost found "minor fault" with the petition but the group is "going to make the appropriate changes and then hit the streets to collect another 1,000 valid signatures."

    "Ohioans want to close the loopholes in existing law so that when someone buys a gun at a gun show or privately, they go through a background check," Mr. Willard added. "It's a simple, straight-forward, common sense plan to reduce gun violence and save lives."

    The proposal included several exceptions to background checks, including transfers between family members, transfers of antiques and temporary transfers for hunting or repair.

    The language also allows firearms dealers to charge a reasonable fee for conducting sales or transfers and makes their participation permissive. It also contains a severability clause.

    The Buckeye Firearms Association has already staked out its opposition to the proposal, saying it will burden law-abiding gun owners. (See Gongwer Ohio Report, June 10, 2019)

    If the petition is resubmitted and approved by the attorney general, organizers will have to collect and submit 132,887 valid petition signatures by Dec. 27, which would then provide lawmakers with four months to act.

    Another batch of 132,887 valid petition signatures will need to be submitted by July 1, 2020 to get on the ballot if the General Assembly fails to act.
    Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths. James Madison, Federalist Paper No 10

  • #2
    Any Background check is Unconstitutional and they don’t work.

    One study contrasting a decade of data between California (after they passed “comprehensive” background checks) and 32 other states (that had not) concluded “found no change in the rates of either cause of death from firearms.” “The study found no net difference between firearm-related homicide rates before and during the 10 years after policy implementation.”

    Ask yourself this question if you still believe at all in our founding.

    Why would the founding fathers want us to ask the very government they were trying to protect the American people from, for any permission to buy any type of arms to begin with?

    Why would you ask your tyrant for permission to get weaponry to fight against their tyranny? Does that make any sense at all?

    We shouid be demanding to disband the NICS not increase the power it has to deny more law abiding citizens their rights to bear arms like it has for the last 25 years. Criminals do not do NICS, only law abiding folks.
    I carry a firearm because a cop is too heavy and takes too many breaks.

    Montani Semper Liberi - (Mountaineers Are Always Free)


    • #3
      But if any of that mattered, there would not be a BFA or NRA or SAF or ...
      Because there would be no need for any such group.