Ohio lawmakers have taken few steps to expand state law further than required by federal law when it comes to guns — a move many other states have taken over the years, according to information from the Denver-based National Conference of State Legislatures, a bipartisan research group.
The Law Center to Prevent Gun Violence, a nonprofit advocacy group founded by attorneys who deem themselves experts on America’s gun laws, gives Ohio’s current law a “D” grade.
“In a lot of states, there are a few violent misdemeanors that would prevent someone from getting a gun,” Cutilletta said. “In Ohio, being disqualified for a previously committed crime relies on what the federal government already has. ... You’d essentially have to be a felon to be disqualified from owning a gun.”
Other examples of requirements not found in Ohio law:
• Licenses for gun-owners who want to sell their guns.
• Regulation of the number of guns someone can buy in a given timeframe.
• Restrictions on buying a gun in one day’s time. At least two states prohibit same-day purchases.
• Tracking of firearm sales. Gun shops are required to report sales only to the federal government.
• Background checks for all sales.
“When you make it easy to get a gun in a state, I mean, it’s just common sense that people will go there to get a gun, especially in frequent and large amounts,” Cutilletta said.
The law center used trace data to show that Ohio has been the top “interstate supplier” in the past of guns used in crimes in Michigan, where the laws are ranked better than Ohio’s with a “C” grade by the law center. Home-grown trafficker
Former Columbus police officer Mark Andrew Nelson made thousands of dollars by illegally selling 500 guns at gun shows and from the trunk of his car in 2005.
One gun from his operation was linked to a triple homicide in Baltimore.
A student put another gun linked to Nelson to a student’s head at a high school in Maryland. A third was found next to a dead body in the backseat of a car in New Jersey.
Nelson was, by definition, a gun trafficker. He ran an operation that provided guns to people who otherwise wouldn’t be able to get them because they might not pass a background check.
Nelson will likely walk out of prison a free man before 2017, and many of the guns he illegally sold will still be on the streets when he does.
Could state laws have stopped Nelson and his affiliates?
“If Ohio had regulations on how many guns someone can buy in a year and kept track of firearm sales, gun traffickers who don’t have misdemeanors might get caught a bit earlier,” Cutilleta said, adding that if the state kept track of firearm sales, it might be able to step in before the federal government got around to it. No law to address problem
Nelson didn’t go to prison for “gun trafficking.” He pleaded guilty to one count of lying on a government document about his intent for purchasing a firearm and was sentenced to 10 years in prison and a $2,000 fine.
The government uses that part of federal law to put away people involved in gun trafficking because there is no federal statute — or Ohio law — that makes it a crime to participate in gun-trafficking schemes.
“Right now, it’s more about the falsification of forms,” said Coulson, the ATF Columbus spokesman. “If you had knowledge that a gun was going to a felon, that charge could be tacked on, too.”
Some gun-control advocates argue that since law-enforcement officers have a working definition for gun trafficking, there should be a law making it a crime.
“A direct statute would give the federal government some powerful prosecuting tools,” said Cutilletta, the attorney for the law center. “At the state level ... if law enforcement knew they had a possible charge against someone that they could use to have someone be prosecuted, they could have more incentive to investigate. If the focus on an investigation has to be whether someone broke a procedural rule, it might be a harder time. It’s nicer to have a direct violation that they can look for.”
Ohio Attorney General Mike DeWine declined to comment on gun trafficking and the state’s gun laws. A spokesman for Gov. John Kasich said the governor’s office was looking at the new ATF report.
Jim Irvine, chairman of the Buckeye State Firearms Association, said he’s against a statute directly outlining gun trafficking or straw purchasing as a crime, suggesting that the government could piece together existing statutes to put a trafficker or straw buyer away — as was done in Nelson’s case.
“If you’ve got A, B, C and D, I don’t think there’s a need for a thing that covers all of them,” Irvine said.
But regardless of what the gun-rights and gun-control lobbies say, the trace data show a trend with regard to Ohio gun ownership, Coulson said.
“Statistics are statistics. These are the down and dirty facts,” he said. “There are other people that need to take them to the next step.”
Joshua Jamerson is a fellow in Ohio University’s Statehouse News Bureau.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Come to appreciate Unsungs views and we're fortunate to have them. Don't agree with much of it but great to get another viewpoint. He's got gumption to stand by his beliefs on this board. Easy for most of us as we 're preaching to the choir.
Come to appreciate Unsungs views and we're fortunate to have them. Don't agree with much of it but great to get another viewpoint. He's got gumption to stand by his beliefs on this board. Easy for most of us as we 're preaching to the choir.
I agree with this statement.
The voice of dissent is significant in this day and age. Its value cannot be understated- especially when formulated in a reasonable manner.
Not ohio but I was denied in Michigan and questioned in Wisconsin prior to Chicago's handgun ban getting dumped by SCOTUS.
The Wisconsin guy wouldn't sell to Chicago residents, and Michigan has some type of handgun purchase permit.
Just my personal experience.
well, in all seriousness, three cheers for states rights. Wisconsin seller has a conscience IMO.
Now would you agree , at least in part that Ohio, has some issues to address? My state being the contributor it is to transfer to black market. Much of it from the all too frequent Gun Shows. With private sellers in attendance.
In light of the laws or lack of them here, I would hope to have some accountability and responsibility attached to an item that can have such readily devastating consequences.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Come to appreciate Unsungs views and we're fortunate to have them. Don't agree with much of it but great to get another viewpoint. He's got gumption to stand by his beliefs on this board. Easy for most of us as we 're preaching to the choir.
Respect given is noted, right back at you. Thank you.
Not ohio but I was denied in Michigan and questioned in Wisconsin prior to Chicago's handgun ban getting dumped by SCOTUS.
The Wisconsin guy wouldn't sell to Chicago residents, and Michigan has some type of handgun purchase permit.
Just my personal experience.
well, in all seriousness, three cheers for states rights. Wisconsin seller has a conscience IMO.
Now would you agree , at least in part that Ohio, has some issues to address? My state being the contributor it is to transfer to black market. Much of it from the all too frequent Gun Shows. With private sellers in attendance.
In light of the laws or lack of them here, I would hope to have some accountability and responsibility attached to an item that can have such readily devastating consequences.
I can't make an educated comment on Ohio's laws simply because I have not researched them. If it is the case that straw purchasers are selling to criminals I'd say such a law exists that forbids that. In theory we could write anything into law, people will still break them. No government will ever end a black market, it will always exist.
Comments
What are the loopholes?
Ohio lawmakers have taken few steps to expand state law further than required by federal law when it comes to guns — a move many other states have taken over the years, according to information from the Denver-based National Conference of State Legislatures, a bipartisan research group.
The Law Center to Prevent Gun Violence, a nonprofit advocacy group founded by attorneys who deem themselves experts on America’s gun laws, gives Ohio’s current law a “D” grade.
“In a lot of states, there are a few violent misdemeanors that would prevent someone from getting a gun,” Cutilletta said. “In Ohio, being disqualified for a previously committed crime relies on what the federal government already has. ... You’d essentially have to be a felon to be disqualified from owning a gun.”
Other examples of requirements not found in Ohio law:
• Licenses for gun-owners who want to sell their guns.
• Regulation of the number of guns someone can buy in a given timeframe.
• Restrictions on buying a gun in one day’s time. At least two states prohibit same-day purchases.
• Tracking of firearm sales. Gun shops are required to report sales only to the federal government.
• Background checks for all sales.
“When you make it easy to get a gun in a state, I mean, it’s just common sense that people will go there to get a gun, especially in frequent and large amounts,” Cutilletta said.
The law center used trace data to show that Ohio has been the top “interstate supplier” in the past of guns used in crimes in Michigan, where the laws are ranked better than Ohio’s with a “C” grade by the law center.
Home-grown trafficker
Former Columbus police officer Mark Andrew Nelson made thousands of dollars by illegally selling 500 guns at gun shows and from the trunk of his car in 2005.
One gun from his operation was linked to a triple homicide in Baltimore.
A student put another gun linked to Nelson to a student’s head at a high school in Maryland. A third was found next to a dead body in the backseat of a car in New Jersey.
Nelson was, by definition, a gun trafficker. He ran an operation that provided guns to people who otherwise wouldn’t be able to get them because they might not pass a background check.
Nelson will likely walk out of prison a free man before 2017, and many of the guns he illegally sold will still be on the streets when he does.
Could state laws have stopped Nelson and his affiliates?
“If Ohio had regulations on how many guns someone can buy in a year and kept track of firearm sales, gun traffickers who don’t have misdemeanors might get caught a bit earlier,” Cutilleta said, adding that if the state kept track of firearm sales, it might be able to step in before the federal government got around to it.
No law to address problem
Nelson didn’t go to prison for “gun trafficking.” He pleaded guilty to one count of lying on a government document about his intent for purchasing a firearm and was sentenced to 10 years in prison and a $2,000 fine.
The government uses that part of federal law to put away people involved in gun trafficking because there is no federal statute — or Ohio law — that makes it a crime to participate in gun-trafficking schemes.
“Right now, it’s more about the falsification of forms,” said Coulson, the ATF Columbus spokesman. “If you had knowledge that a gun was going to a felon, that charge could be tacked on, too.”
Some gun-control advocates argue that since law-enforcement officers have a working definition for gun trafficking, there should be a law making it a crime.
“A direct statute would give the federal government some powerful prosecuting tools,” said Cutilletta, the attorney for the law center. “At the state level ... if law enforcement knew they had a possible charge against someone that they could use to have someone be prosecuted, they could have more incentive to investigate. If the focus on an investigation has to be whether someone broke a procedural rule, it might be a harder time. It’s nicer to have a direct violation that they can look for.”
Ohio Attorney General Mike DeWine declined to comment on gun trafficking and the state’s gun laws. A spokesman for Gov. John Kasich said the governor’s office was looking at the new ATF report.
Jim Irvine, chairman of the Buckeye State Firearms Association, said he’s against a statute directly outlining gun trafficking or straw purchasing as a crime, suggesting that the government could piece together existing statutes to put a trafficker or straw buyer away — as was done in Nelson’s case.
“If you’ve got A, B, C and D, I don’t think there’s a need for a thing that covers all of them,” Irvine said.
But regardless of what the gun-rights and gun-control lobbies say, the trace data show a trend with regard to Ohio gun ownership, Coulson said.
“Statistics are statistics. These are the down and dirty facts,” he said. “There are other people that need to take them to the next step.”
Joshua Jamerson is a fellow in Ohio University’s Statehouse News Bureau.
jjamerson@dispatch.com
@JoshJame
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
The Wisconsin guy wouldn't sell to Chicago residents, and Michigan has some type of handgun purchase permit.
Just my personal experience.
Fargo 2003
Winnipeg 2005
Winnipeg 2011
St. Paul 2014
The voice of dissent is significant in this day and age. Its value cannot be understated- especially when formulated in a reasonable manner.
Now would you agree , at least in part that Ohio, has some issues to address? My state being the contributor it is to transfer to black market. Much of it from the all too frequent Gun Shows. With private sellers in attendance.
In light of the laws or lack of them here, I would hope to have some accountability and responsibility attached to an item that can have such readily devastating consequences.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
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