SIDNEY — Legislation proposed in February by Rep. Nino Vitale, R-Urbana, 85th District, has elicited uneasy responses from local law enforcement officials.
Earlier this year, Vitale presented legislation that would nullify in Ohio all federal laws enacted since Jan. 1, 2016, that have anything to do with firearms, and would criminalize anyone, including police, sheriffs and their staffs, who enforced such federal law. House Bill 460 has been referred to the Ohio legislature’s State Government Committee, according to an aide in Vitale’s office who asked not to be identified.
See sidebar for the bill’s text.
In answer to inquiries made by the Sidney Daily News, Shelby County Prosecutor Tim Sell, Shelby County Sheriff John Lenhart and Sidney Police Chief Will Balling expressed concern over the ramifications of such a bill.
Balling questioned its constitutionality.
“This legislation … if adopted, (would) potentially negatively impact home rule authority within the state of Ohio. This bill would force jurisdictions to decide whether to follow potential federal regulations or state regulations that could oppose each other. If we — local governments — would follow federal regulations, the state then could impose fines and other penalties on local governments and their staff,” he said.
Sell said the measure would create a difficult situation for law enforcement officers, including prosecutors.
“We’re not in the business of violating federal laws,” he said. “Local law enforcement, including prosecutors, are in the business of enforcing state laws; however, in the process of doing that, we would not want to violate federal law. (HB 460) is a tough law that would leave law enforcement in a tough position.”
Lenhart went so far as to say that adhering to such a law would cause him to violate his oath of office.
“I took an oath to uphold the Constitution of the state of Ohio and the Constitution of the United States. While I support the legal rights of citizens to bear arms, I do that understanding that there are times when individuals act irresponsibly, and there is a penalty for such behavior. Men and women in law enforcement or our military are not politicians and must follow the law as enacted by legislators. Nobody supports the Second Amendment more than I do, but I also live in a realistic world.”
In addition, he voiced concern that if this law were in place and he participated in any enforcement action or investigation of a federal law, he would be charged with a crime, a first degree misdemeanor.
Both Lenhart and Balling worried about what it might mean to local coffers if they elected to follow federal regulations that went against state ones.
“By complying with this introduced version, I could forego tens of thousands of federal money that could come to Shelby County,” Lenhart said. “The total operating budget for Shelby County is the same as it was in 2001, according to the Shelby County commissioners. This would be absolutely irresponsible on my part, and I believe a miscarriage of justice for the citizens of this county and the state of Ohio if House Bill 460 becomes law.”
The house will not even consider whether or not to make it a law until the proposal has worked its way through the legislative process. That means it first will get four hearings by the State Government Committee.
Vitale will present it and discuss why he proposed it. Then, other proponents of the bill will be heard. They may include some or all of its 10 cosponsors, all Republicans, including Rep. Jim Buchy, R-Greenville, 84th District, as well as lobbyists and citizens. The third hearing will give opponents of the legislation a chance to present their case. The fourth hearing allows interested parties on either side of the issue to speak.
Following the hearings, the committee will vote on whether or not to refer the bill to the full house for a vote. If they do so refer it, the bill will then move into the Rules and References Committee, who will vote for the date to put it on the house floor. And on that date, the members of the state House of Representatives will begin to debate it in advance of a vote.
No committee hearings have yet been scheduled.
“The city of Sidney will continue to monitor this bill,” Balling said.
Legislation proposed in February by Rep. Nino Vitale, R-Urbana, is as follows:
Ohio House Bill 460
A bill to enact section 2923.26 of the Revised Code to prohibit the state, a political subdivision, and any official, agent, or employee of any state or local government agency from knowingly enforcing or attempting to enforce any federal statute or regulation regarding a firearm, and to declare an emergency.
Be it enacted by the General Assembly of the state of Ohio:
Section 1. That section 2923.26 of the Revised Code be enacted to read as follows: (A) As used in this section: (1) “Ammunition” means any projectile capable of being expelled or propelled from a firearm by the action of an explosive or combustible propellant. (2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code. (3) “Firearm accessory” means any item that is used in conjunction with or mounted upon a firearm but that is not essential to the basic function of a firearm, including, but not limited to, any telescopic or laser sight, magazine, folding or aftermarket stock or grip, speed loader, ammunition carrier, optic for target identification, or light for target identification.
(4) “Political subdivision” means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. (5) “State or local government agency” means any department, division, agency, office, instrumentality, board, commission, or other unit of government of this state or of a political subdivision of this state.
(B) Notwithstanding any law or rules to the contrary, unless required to do so pursuant to a court order, the state, a political subdivision, or any official, agent, or employee of a state or local government agency acting within the scope of the official’s, agent’s, or employee’s duties, shall not knowingly do any of the following: (1) Participate in the enforcement of any federal act, statute, law, rule, or regulation that is adopted, promulgated, or becomes effective on or after January 1, 2016, as amended, regarding a personal firearm, firearm accessory, or ammunition;
(2) Use any assets, state funds, or funds allocated by the state to a political subdivision on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in any enforcement action or investigation in connection with the enforcement of a federal act, statute, law, rule, or regulation that is adopted, promulgated, or becomes effective on or after January 1, 2016, as amended, regarding a personal firearm, firearm accessory, or ammunition.
(C)(1) An official, agent, or employee of any state or local government agency who violates this section is guilty of enforcement of a federal firearm law or regulation, a misdemeanor of the first degree. (2) Notwithstanding section 2929.28 of the Revised Code, the court shall impose a fine on the offender of $1,000 dollars. The court shall not impose a jail term on an offender under section 2929.24 of the Revised Code unless the offender previously has been convicted of or pleaded guilty to a violation of this section.
(D) If a political subdivision adopts a rule, ordinance, or policy that requires the political subdivision or any official, agent, or employee of the political subdivision to violate this section, no money that is part of the state treasury or in the custody of the state treasurer may be appropriated, disbursed, expended, or otherwise provided, directly or indirectly, to the political subdivision for the fiscal year following the year in which a final judicial determination is made that the political subdivision has knowingly required the political subdivision or any official, agent, or employee of the political subdivision to perform an act that violates this section.
Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to enable Ohio to protect Ohio’s residents’ fundamental right to keep and bear arms. Therefore, this act shall go into immediate effect.
