COLUMBUS, Ohio — Ohio Democrats want to take away guns from convicted or alleged domestic violence abusers, but Republicans say that isn't constitutional. Now, lawmakers on each side are debating how to keep victims and survivors safe.
Hostage negotiators successfully rescued a Richland County woman and a teen after the pair were held at gunpoint on Sunday. The woman, who police say is the man's ex or current girlfriend, had a no-contact order against him at the time of the assault.
According to Ontario police, when officers arrived on the scene, 32-year-old Jareth Vance started shooting at police when police tried to rescue the victim, striking Officer Dylan Bailey in the leg. The hostage managed to escape Vance, but police said that he shot her as well.
Everyone survived, leading to attempted aggravated murder charges.
RELATED | Officer, woman shot during hostage situation in Richland County
The Ohio Domestic Violence Network's Lisa DeGeeter said this shows that the state has a real problem that needs to be dealt with.
"There's been 112 DV fatalities in Ohio last year, 85 of them were shootings," DeGeeter said.
The best way to save lives is to get guns out of the hands of abusers, she added.
"It's critically important," the advocate said.
Federal law prevents people convicted of domestic violence misdemeanors from having a gun under the weapon under disability provision. But Ohio does not have that in state law. Thus, the federal law can’t be enforced by local police alone.
Columbus City Attorney Zach Klein has been fighting for this statute in the city. He explained that years ago, the council passed legislation that mirrored federal law, but it has been challenged in court. In early January, the law was upheld by Franklin County Municipal Court Judge Andrea C. Peeples.
Statehouse reporter Morgan Trau has featured the city of Columbus and Klein's safety attempts. She has a series on home rule, evaluating how urban areas are trying to put forward firearm safety regulations — but they are being shot down by state Republicans.
"We're focusing on individuals who have criminal histories, so they have demonstrated a proclivity for violence," Klein said. "Why would we want violent individuals to possess guns?"
Democratic state representatives agreed, proposing a bill that prevents someone who has been charged with or convicted of first-degree misdemeanor domestic violence from having a firearm.
The "Keeping Our Survivors Safe Act," nicknamed by the Democrats, was introduced by state Reps. Michele Grim (D-Toledo) and Munira Abdullahi (D-Columbus). This is a companion bill to the already existing Senate Bill 187.
Grim's bill was announced during an all-day inaugural gun violence prevention summit at the Statehouse on Thursday, ending with the introduction of five different pieces of gun safety legislation.
RELATED | Ohio Democrats unveil numerous gun safety bills likely to be shot down by GOP-led legislature
"Survivors do not deserve to live their lives in fear simply because Ohio's laws and the majority party put the rights of gun owners above all else," Grim said Thursday.
In 65% of fatal Ohio DV cases, there was prior contact with the criminal or civil justice systems, DeGeeter said. Fifty-two percent of offenders had prior contact with the criminal justice system.
State Rep. Josh Williams (R-Sylvania) said he is all for protecting victims. But just because there were charges filed doesn't mean that someone's constitutional rights get taken away, he added.
"If you're merely charged with a crime, if you're charged with domestic violence, you lose your Second Amendment rights with no due process," Williams said of the bill proposed by Democrats.
Williams is a criminal defense attorney who said that his clients would be the target of this legislation, and he believes it to be entirely unconstitutional.
"Now you're telling me that you're gonna take away someone's right to defend themselves, the right to keep and bear arms as enshrined in the constitution, based off of an allegation that doesn't even have to be supported by actual physical evidence?" the lawyer asked.
Individuals could be "making false allegations" against his clients just to get them out of the house, he added.
Williams believes a bill he is set to introduce will help assist survivors while also not being unlawful.
The legislation would increase the penalties for getting caught with a weapon if the individual has previously been convicted of a violent offense.
Right now, carrying a gun under the Weapons Under Disability (WUD) statute is a third-degree felony. Every time someone is caught with a WUD, it will always be a F3, Williams said.
F3 comes without a presumption of prison time, he added. His legislation aims to change that.
"You could see offenders getting 16 years for the second time that they get caught carrying a firearm if their underlying disqualification is a violent felony," the Republican said.
The bill would also allow for the sealing of certain low-level, nonviolent felony crimes that haven't been allowed to be sealed yet, he added.
"There would be some substantial changes that will actually have meaningful results in the future and it's not just trying to limit all who can legally possess a gun," he said.
ODVN has not addressed this drafted legislation but is supportive of a different Republican bill to get offenders off the streets.
State Reps. Jeff LaRe (R-Violet Twp.) and Kevin Miller (R-Newark) introduced H.B. 111. It would increase the sentencing range for felony domestic violence and create a presumption of prison time.
This means serial domestic violence offenders would likely spend more time behind bars.
"We need to get offenders under control sooner rather than later," LaRe said during a November interview.
RELATED | Ohio bill would increase penalty for serial domestic abusers after 2011 reforms softened them
The bill passed the House unanimously, a rare feat in state politics. It now heads over to the Senate.
WCPO's sister station in Cleveland, WEWS, asked Grim about the decision to include individuals charged with misdemeanors, instead of just those convicted.
"I think it's important to make sure that we keep guns out of the hands of people who are charged because they're going to go back — the abuser may go back and actually punish the person," the Democrat said.
DeGeeter agreed that more needs to be done for victims proactively.
"It's about making sure that people who have a history of committing violent acts and are threatening to kill people have a couple fewer methods to do that with," she said.
Each of these bills will likely be assigned to committees and heard in the next few months.
