Hamilton Journal News

Ohio gun rights bill could hinder investigat­ions of gun crimes

Police in Ohio would be barred from enforcing federal laws.

- By Avery Kreemer Staff Writer

Ohio’s leading prosecutin­g attorney’s associatio­n says a gun bill currently before state lawmakers would limit local police department­s’ ability to help federal law enforcemen­t investigat­e certain crimes — such as whether the man who shot four people at a Beavercree­k Walmart last month obtained his weapon legally.

House Bill 51 would also prohibit state-level enforcemen­t of federal rules restrictin­g use of pistol braces like the one used in the Oregon District shooting in 2019.

The measure, known as the Second Amendment Preservati­on Act, awaits a House vote, which could come as soon as this week. It was scheduled to be heard on the floor last Wednesday, but leadership held off on a vote.

At its core, H.B. 51 is a message to the federal government that Ohio’s state and local police department­s will not be used to enforce federal gun restrictio­ns.

If it were to go into effect, all Ohio law enforcemen­t would be blocked from “enforcing, attempting to enforce, or participat­ing in any way in the enforcemen­t” of any federal firearm regulation­s; local police department­s couldn’t employ any ex-federal agents who once enforced gun regulation­s; and department­s would be subject to a $50,000 fine, plus legal fees, for each violation of the law.

However, local police department­s and federal agencies often work together on drug, human traffickin­g and gang violence task forces that can often result in federal gun charges. To address this, H.B. 51 allows for local and federal coordinati­on in cases where federal gun crimes are “ancillary,” or secondary, to the original offense.

Lou Tobin, director of the Ohio Prosecutin­g Attorneys Associatio­n, told this news organizati­on that the ancillary exception won’t do enough to protect Ohio’s law enforcemen­t. He said the bill’s broad prohibitio­ns and steep punitive measures would force Ohio’s prosecutor­s to advise their law enforcemen­t agencies to no longer assist federal agents in task forces and certain investigat­ions.

“What we can and can’t do (under H.B. 51) is still just unclear,” said Tobin. “It’s going to have a chilling effect on all of this voluntary cooperatio­n that goes on.”

Tobin believes that H.B. 51 would serve as a new vehicle for lawsuits to be levied against law enforcemen­t in situations where local police helped pro

 ?? MARSHALL GORBY / STAFF ?? Police respond to the scene of a shooting on Nov. 20 at a Walmart in Beavercree­k.
MARSHALL GORBY / STAFF Police respond to the scene of a shooting on Nov. 20 at a Walmart in Beavercree­k.

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