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Is there an OH update?
Posted: Mon Nov 25, 2013 12:29 pm
by GreenGuy
Just checking in to see if anyone knows anything about any agreement in the works with OH?
Re: Is there an OH update?
Posted: Mon Nov 25, 2013 3:06 pm
by Jumping Frog
Texas does not recognize an Ohio license because the Ohio background check does not correspond to Texas requirements. Ohio then cannot recognize a Texas license because the only mechanism in Ohio law is to enter into a reciprocity agreement, and one cannot have a reciprocity agreement when one of the parties will not play.
Texas law GC §411.173(b) requires:
§411.173(b) The governor shall negotiate an agreement with any other state that provides for the issuance of a license to carry a concealed handgun under which a license issued by the other state is recognized in this state or shall issue a proclamation that a license issued by the other state is recognized in this state if the attorney general of the State of Texas determines that a background check of each applicant for a license issued by that state is initiated by state or local authorities or an agent of the state or local authorities before the license is issued. For purposes of this subsection, “background check” means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation.
In Ohio, if an applicant has been an Ohio resident for less than five years, the background check includes the NCIC and FBI check (which meets Texas requirements).
Applicants who have lived in Ohio for more than five years only go through the Ohio Bureau of Criminal Investigation (BCI) check. (The Ohio BCI sort of corresponds to the Texas DPS.) Thus Texas will not recognize an Ohio license.
However, there is currently HB203 in Ohio, which has passed the House (Nov 20, 2013) but has yet to pass the Senate or get signed by the Governor, that would change the Ohio process to perform the FBI check for all applicants. That would open the door to allowing states like Texas to recognize an Ohio license. The same bill also moves Ohio to an automatic reciprocity system, relieving the Attorney General from needing to sign agreements with every state to facilitate reciprocity. The Attorney General would still be permitted to sign agreements if needed, but the bill seeks to streamline the process and open up agreements with states like Indiana, Pennsylvania, Texas, and Georgia that Ohio doesn't currently have agreements with.
Re: Is there an OH update?
Posted: Mon Nov 25, 2013 3:59 pm
by GreenGuy
I could not have hoped for a more thorough response! Thank you!
Re: Is there an OH update?
Posted: Mon Nov 25, 2013 9:27 pm
by iom
It would be nice to add another state.
Re: Is there an OH update?
Posted: Tue Nov 26, 2013 7:45 am
by jmra
Don't travel that way much but have a friend who does often. He will be excited if it passes.
Re: Is there an OH update?
Posted: Fri Nov 29, 2013 8:10 am
by jmra
At least the comments are running 5-1 in favor of stand your ground.
Re: Is there an OH update?
Posted: Mon Dec 02, 2013 5:04 pm
by Dreamer42
I "feel your energy". Whatever that means.
Re: Is there an OH update?
Posted: Fri Dec 13, 2013 1:34 pm
by chamberc
Dreamer42 wrote:I "feel your energy". Whatever that means.
Sure would like to see this, but it seems like a long shot.