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Thread: Congratulations Ohio

  1. #1
    Regular Member detroit_fan's Avatar
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    Congratulations Ohio

    Finally got the restaurant carry and car carry fixed. As someone who is in your state frequently, I am looking forward to these changes.

    Snip-



    Today, Governor John Kasich signed both Senate Bill 17 and House Bill 54 into law. SB 17 is important concealed carry reform legislation and HB 54 will provide individuals a pathway to restore their firearm rights.


    http://www.nraila.org/Legislation/Read.aspx?id=6964

  2. #2
    Regular Member parker64's Avatar
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    Thanks you... It has been a long time coming, now just 89 more days...

    Mike

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    Accomplished Advocate color of law's Avatar
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    http://www.lsc.state.oh.us/guidebook/guidebook11.pdf
    "The Speaker of the House and President of the Senate are required to sign each bill that has been passed to show that the procedural requirements for passage have been met. The act, as the bill is called after passage, is then presented to the Governor, who has ten days after presentation, Sundays excepted, to review the act. If the Governor approves the act, the Governor signs it, and it becomes a law. If, however, the Governor vetoes the act, the Governor must return it, together with a written statement of objections, to the house in which the act originated. If three-fifths of the members elected to each house then vote to override the veto, the act becomes law notwithstanding the Governor’s objections. If, within the ten-day period for gubernatorial review, the Governor neither signs nor returns the act, it becomes law just as if it had been signed. When an act becomes law, it is filed with the Secretary of State."

    If the Governor approves the act, the Governor signs it, and it becomes a law.

    It's law now, not 90 days from signing.....

  4. #4
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    Quote Originally Posted by color of law View Post
    http://www.lsc.state.oh.us/guidebook/guidebook11.pdf
    "The Speaker of the House and President of the Senate are required to sign each bill that has been passed to show that the procedural requirements for passage have been met. The act, as the bill is called after passage, is then presented to the Governor, who has ten days after presentation, Sundays excepted, to review the act. If the Governor approves the act, the Governor signs it, and it becomes a law. If, however, the Governor vetoes the act, the Governor must return it, together with a written statement of objections, to the house in which the act originated. If three-fifths of the members elected to each house then vote to override the veto, the act becomes law notwithstanding the Governor’s objections. If, within the ten-day period for gubernatorial review, the Governor neither signs nor returns the act, it becomes law just as if it had been signed. When an act becomes law, it is filed with the Secretary of State."

    If the Governor approves the act, the Governor signs it, and it becomes a law.

    It's law now, not 90 days from signing.....
    No; there is a 90-day delay between the time an act is signed by the governor (or becomes law without his signature) and the time the act becomes effective under Ohio Const. Art. II, § 1c ("No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, except as herein provided.").
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  5. #5
    Regular Member parker64's Avatar
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    Thank you WVCDL.... 87 days to go.

    Mike

  6. #6
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by WVCDL View Post
    No; there is a 90-day delay between the time an act is signed by the governor (or becomes law without his signature) and the time the act becomes effective under Ohio Const. Art. II, § 1c ("No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, except as herein provided.").
    Wrong, wrong and wrong. This was not a "Referendum."
    This is a "Bill" passed by both houses and when the governor signs it it becomes a law, Ohio Const. Art. § 2.16.
    "If the governor approves an act, he shall sign it, it becomes law and he shall file it with the secretary of state."

    The general assembly did not pass a law. For the general assembly to pass a law the governor must veto the "Bill" or by a "referendum" by the people.
    Last edited by color of law; 07-03-2011 at 07:57 PM.

  7. #7
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    Quote Originally Posted by color of law View Post
    Wrong, wrong and wrong. This was not a "Referendum."
    This is a "Bill" passed by both houses and when the governor signs it it becomes a law, Ohio Const. Art. § 2.16.
    "If the governor approves an act, he shall sign it, it becomes law and he shall file it with the secretary of state."

    The general assembly did not pass a law. For the general assembly to pass a law the governor must veto the "Bill" or by a "referendum" by the people.
    Is it your position that, today, Ohio CHL holders conduct themselves according to the changes in the law made by SB 17, and not have to wait until September 30 to do so? If so, you're dead wrong and a room at the Gray Bar Inn is in your near future.
    Last edited by JimMullinsWVCDL; 07-06-2011 at 08:19 PM.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  8. #8
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by WVCDL View Post
    Is it your position that, today, Ohio CHL holders conduct themselves according to the changes in the law made by SB 17, and not have to wait until September 30 to do so? If so, you're dead wrong and a room at the Gray Bar Inn is in your near future.
    The Ohio Supreme court stated in State ex rel. Ohio Gen. Assembly v. Brunner, 114 Ohio St.3d 386, 2007-Ohio-3780 at paragraph 33.

    Once a bill has been passed by both houses of the General Assembly, it “shall be signed by the presiding officer of each house to certify that the procedural requirements for passage have been met and shall be presented forthwith to the governor for his approval.” Section 15(E), Article II, Ohio Constitution. If the governor approves the act and signs it, it becomes law. Section 16, Article II, Ohio Constitution. If the governor does not approve the act and vetoes it while the General Assembly is still in session, the bill is returned to the General Assembly. The General Assembly then may reconsider the act, if it chooses, and override the governor’s veto, in which case the act becomes law notwithstanding the governor’s veto. Id. This basic constitutional law is not in dispute in this case.
    Apparently you disagree with the Ohio Supreme Court.

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    State ex rel. Ohio Gen. Assembly v. Brunner, 114 Ohio St.3d 386, 2007-Ohio-3780, had nothing to do with the 90-day rule: "What is in dispute is the computation of the ten-day time limit for the governor to act when the General Assembly has adjourned sine die." Id., ¶34. Moreover, the court went on to say: "Section 1c, Article II of the Ohio Constitution provides for the effective date of Am.Sub.S.B. No. 117." Id., ¶52.

    color of law is hopeless. Anyone who conducts him/herself in Ohio, prior to September 30, 2011 (the real and true effective date of SB 17 under Ohio Const. Art. II, § 1c ("No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, except as herein provided.")), on the assumption that SB 17 is in effect now deserves a trip to the Gray Bar Inn and removal from our ranks before he/she has the chance to do something more harmful to the image of us law-abiding gun owners.
    Last edited by JimMullinsWVCDL; 07-06-2011 at 08:19 PM.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  10. #10
    Regular Member parker64's Avatar
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    86 days...

  11. #11
    Regular Member parker64's Avatar
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    85...

  12. #12
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    Color of Law is one of the smartest guys I know of. I've read his posts for years now. I know what he does for a living, in that I trust.

    I don't know the guy from West Virginia.

  13. #13
    Regular Member parker64's Avatar
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    Quote Originally Posted by JSlack7851 View Post
    Color of Law is one of the smartest guys I know of. I've read his posts for years now. I know what he does for a living, in that I trust.

    I don't know the guy from West Virginia.
    I know niether one of them... That being said I don't think it is very wise, or smart, to test this issue on 1 mans word. The problem with color of law's assertion is as follows, if he is incorrect, it is not civil trespass... IT IS A FELONY!!!! If he is correct it is still A FELONY until you prove otherwise in a court of law...Good luck with that. Thats an awefull big risk to take based on one man's interpretation of the law, and that is all it is, an interpretation.
    Now from what I've read, and my interpretation of what I've read.... 84 days to go.

    Color of Law I have read alot of your post's, both here and on other forums, and I have asumed from them that you are very intelligent on matters of the law, and I still do. That being said I happen to disagree on this one though... No offence intented.


    Mike
    Last edited by parker64; 07-06-2011 at 07:33 PM.

  14. #14
    Regular Member Scooter's Avatar
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    I am in Ohio usually twice a week, it's great to see this go through!
    (from Michigan)

  15. #15
    Regular Member parker64's Avatar
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    81 days....

  16. #16
    Regular Member parker64's Avatar
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    75....

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