Milestone 3:
Senate Bill 215 “Constitutional Carry”
Joshua Swigart
Milestone 3
The Rules of the Organization that Impacted the Decision to Sign SB 215 into Law
Much like any other State Senates, the Ohio Senate has a defined process by which bills are signed into law. The Ohio Senate adheres to a five-step process. The first step is an introduction of the bill, where the senator(s) will put the bill into writing and present it to the general assembly. For a bill to become law, a bill must receive 3 "considerations" in each house of the general assembly. The introduction of the bill counts as the "first consideration" (The Ohio Senate, 2022, para. 6). Before a bill comes to the first step, there will usually be a concern brought up by a constituent that initializes the process of developing said bill. The bill starts as an idea and then becomes a bill.
Once a bill has been drafted and introduced, it is assigned to a committee for public debate and input. Although Ohio voters cannot directly vote on the bill, the process of assigning the bill to a committee gives them a chance to voice their concerns or make recommendations. The committee may decide to make changes (amendments) to the bill or take no action at all. If the committee recommends that the entire Senate consider the bill, then the bill is voted on and reported. The committee recommending and reporting the bill constitutes the "second consideration" (The Ohio Senate, 2022, para. 7).
Moving from consideration of the committee to the entire Senate, the bill has another opportunity to be debated and amended by the senators. Once the debate is concluded, a vote is taken in which a majority of 17 out of 33 votes in favor is needed for the bill to progress. This step in the process is referred to as the consideration of the bill on the floor and constitutes the "third consideration" (The Ohio Senate, 2022, para. 8). If a majority vote is upheld, then the bill is passed onto the Ohio House of Representatives where a similar process is followed and is the fourth step in getting a bill to become law. If the house makes any changes to the bill, then the Senate may vote to concur on the changes made. If the Senate does not concur, then a committee is made with members of both chambers to reconcile their differences and produce a revised bill that can be passed by both the House and Senate. Once both chambers pass a bill, then it becomes an "act" and is sent to the governor.
Once an act has made it to the governor's desk, he or she can sign it into law or reject it through veto powers. If the governor vetoes an act, then a three-fifths vote from the members of the House and Senate is necessary to override the veto. After 90 days, a signed act becomes law. Additionally, if the governor takes no action for ten days after receiving the act, it becomes law without his or her signature. Once the bill has become law, it can be repealed through the same process as how it started from an idea and became a law—"A bill is a document by which a member of the General Assembly proposes to enact a new law or amend or repeal an existing law" (Ohio, 2019, p. 48). Making the process of repealing a law just as laborious as signing a bill into law keeps the law stable as changes cannot be made frantically.
How Those Impacted by the Decision Have Input in the Decision
The largest body impacted by the decision to sign SB 215 into law is the legal voters of the State of Ohio (constituents). The legal process of signing a bill into law allows for the public to provide input and place concerns or recommendations. As noted above, it is in the second step when the bill is assigned to a committee and the bill is opened up to public debate for concerned citizens; however, these debates also provide a platform for experts to provide their input on the bill. The constituents of Ohio then can influence the committee to make amendments to the bill, change nothing, or not let it move forward.
The government structure also allows constituents of Ohio to elect senators and representatives who will then, so to speak, be the voice of the people when a bill makes it to the floor of the Senate or House of Representatives. Additionally, a bill starts as an idea. The initial idea can originate from "a member of the General Assembly, an administrative agency of the state, the Governor, a special interest group, or a private citizen" (Ohio, 2019, p. 48). So, one of the less direct ways that constituents can provide input is through whom they vote for.
The process that SB 215 went through provided the opportunity for input from constituents through two main avenues—the committee opening up public debate and through voting for elected officials who vote directly on the matter.
People who are the most impacted by SB 215
The group most impacted by SB 215 are those who wish to conceal carry. A result of SB 215 becoming law is that it will be easier for those who can legally carry a firearm to conceal carry, leading to more concealed carriers in Ohio. This, in turn, affects firearms producers and wholesalers in the state of Ohio. The increase in concealed firearm carriers causes an increase in demand for firearms. Therefore, an increase in supply from wholesalers and producers of firearms.
Another largely impacted group is Ohio law enforcement, particularly those who deal mostly with the public. The ease of carrying a concealed weapon is increased, so it is to be expected that more persons will be carrying firearms in public. Some suppose this will result in a safer public sphere; others hold that it increases the chances of gun violence or misuse. Either way, law enforcement should be prepared for more people carrying firearms than before.
Some Unintended Consequences of SB 215
The overarching goal of SB 215 is to uphold and protect the right to bear arms as provided in the Constitution of the United States. One of the unintended consequences could be the increase of firearms in the public sphere through this legislation. This has raised concern for some that there will be more unskilled people carrying firearms. The Columbus Dispatch published an opinion piece sharing some of the good and bad of SB 215. For the bad, the piece says, "Eliminating the requirement of an eight-hour course that provides basic firearm training and safety can be detrimental to households, neighborhoods, and communities" (Meacham, 2022, para. 20). Claims like this have been significantly investigated. Most studies, like Smart's (2020), find evidence inconclusive or lacking for the claim that relaxed concealed carry laws lead to more violent crime.
On the other side, it is arguable that having more concealed carriers would result in less crime. For instance, legally owned firearms are used for legal purposes far more often than they are used for crimes or suicide (Malcolm & Swearer, 2018, para. 5). Guns are used for defensive purposes hundreds of thousands of times a year, according to research conducted by the CDC in 2013 (Malcolm & Swearer, 2018). Additionally, self-defense can be an effective crime deterrent, and self-defense with a firearm has shown to be better than other self-defense alternatives (Malcolm & Swearer, 2018, para. 12).
References
Malcolm, J., & Swearer, A. (2018). Here Are 8 Stubborn Facts on Gun Violence in America. The
Heritage Foundation. https://www.heritage.org/crime-and-justice/commentary/here-are-
8-stubborn-facts-gun-violence-america
Meacham, John. (2022). Guns in unskilled hands 'a recipe for disaster.' Training would teach
safety. The Columbus Dispatch.
https://www.dispatch.com/story/opinion/columns/2022/03/18/opinion-what-pros-and-
cons-senate-bill-215-being-signed-concealed-constitutional-carry-guns/7077639001/
Ohio. (2019). Chapter 5: Enacting Legislation. A Guidebook for Ohio Legislatures.
https://www.lsc.ohio.gov/documents/reference/current/guidebook/17/Chapter%205.pdf
Smart, Rosanna. (2020). Effects of Concealed-Carry Laws on Violent Crime. RAND.
https://www.rand.org/research/gun-policy/analysis/concealed-carry/violent-crime.html
The Ohio Senate. (2022). Learn how a bill becomes a law. Retrieved from:
https://www.ohiosenate.gov/about/how-a-bill-becomes-a-law