New bill seeks to limit 'mass casualty' guns in Ohio

COLUMBUS, Ohio (WCMH) -- A new bill at the Ohio Statehouse aims to create a new gun safety law, but some worry the language is too broad and will strip away Second Amendment rights.

“They’re going to fight it tooth and nail, but we still want to advocate our support for gun safety measures,” Moms Demand Action advocate Michelle Lee Heym said.

“I believe any law you need to introduce has to pass constitutional muster and these types of law will not,” Rep. Josh Williams (R-Sylvania) said. “It’s 100% unconstitutional.”

House Bill 433, sponsored by Rep. Willis Blackshear (D-Dayton), prohibits a person from knowingly acquiring, having, carrying, or using any mass casualty weapon. In the bill, a mass casualty weapon is defined as “any semi-automatic firearm designed or specially adapted to fire more than 31 cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.”

“It is so broad of a definition that it will encompass every single semi-automatic gun known to man other than the very small .22 long rifle caliber,” Williams said. “You’re not going to be able to ban every single gun that Ohioans possess and think it going to pass a constitutional challenge.”

Ohio law used to ban guns with a magazine of more than 30 rounds. That ban was reversed nearly ten years ago in 2015. In his testimony for the bill, Blackshear writes, “We simply want to go back to the commonsense regulation Ohio had in place before 2015.” (His testimony can be read in the document below.)

“Get those mass causality weapons off the streets,” Heym said. “It not only incites fear but it’s not necessary. They’re weapons for the battlefield.”

In his testimony, Blackshear argued that guns with large magazines make it easier for events like the 2019 mass shooting in Dayton. He said the intent of the bill is to “prevent large custom magazines being added to guns to increase the killing capacity of those weapons.”

Williams said the only way that type of gun ban would be possible is by changing the U.S. Constitution.

“If we want to amend the Second Amendment, they need to go to the federal legislature and get the ball rolling to amend the Constitution that will make these types of laws legal,” Williams said.

If enacted, the bill would have exceptions; for example, it would not apply to officers, agents, or employees of Ohio, another state, or the United States, members of the U.S. Armed Forces, if the person is acting within the scope their duties.

HB433 was scheduled for its first hearing on Tuesday morning but was canceled due to unforeseen circumstances. The committee chair said the hearing will likely take place next week.

Even if the bill does not pass, at the very least, advocates are asking for more regulations.

“You can own a weapon with no background check and no training and to use one of those, you need training on that type of a weapon,” Hyem said. “On any weapon, you need training.”

Williams said he does “believe there’s a need” for background checks or training. Ohio House Speaker Jason Stephens (R-Kitts Hill) has said that any legislation to that effect likely will not move forward.

Williams said that instead of weapons, repeat violent offenders need to be targeted, as is done in his new House Bill 522.

“In 2016, the majority of gun crimes that were committed in Ohio were done with semi-automatic pistols. Not long rifles, AR15s, AK47s,” Williams said. “90% of the gun crimes that resulted in a loss of life were handguns and 90% of them were someone who had one in unlawful possession.”

There are several other gun-related bills that have been introduced at the statehouse, coming from both sides of the aisle but, so far, none of them have made it to the governor’s desk this general assembly.