Conflict Arises Between Ohio Attorney General and County Prosecutors Regarding Gun Legislation Supported by Local Representative

Legislation spearheaded by a local representative aimed at heightening penalties for repeat offenders of gun-related crimes has garnered support from Ohio Attorney General Dave Yost but has encountered resistance from county prosecutors.

House Bill 522, co-sponsored by State Representatives Bernie Willis, R-Springfield, and Josh Williams, R-Sylvania, spans 220 pages and seeks to fortify penalties for individuals convicted of weapons-related offenses on multiple occasions.

Presently, Ohio law mandates a third-degree felony conviction for each violation of possessing weapons under disability, irrespective of the number of offenses committed. However, under the proposed H.B. 522, repeat offenders would face increasingly stringent penalties.

The bill introduces two pivotal amendments concerning the state’s gun specifications, which may result in extended prison sentences:

• Introduction of a novel specification tailored for recurrent violent gun offenders, carrying an additional three-to-five-year prison term.
• Augmentation of prison sentences under the existing violent gun specifications.

Yost underscores the bill’s potential to enhance the safety of Ohio’s cities by curbing recidivism. He emphasizes the imperative of removing repeat offenders from the streets to prevent further criminal activity, a goal he believes H.B. 522 will achieve effectively.

Conversely, the Ohio Prosecuting Attorneys Association (OPAA) expresses apprehension regarding potential unintended ramifications of the bill. While affirming the need to address recidivism among firearm offenders, the OPAA remains wary of potential drawbacks.

Lou Tobin, Executive Director of the OPAA, acknowledges the bill’s intent to toughen penalties for repeat firearm offenders but voices concerns over two primary issues:

• Reduction in penalties for illegal gun possession among individuals convicted of non-violent felonies, potentially rendering more felons eligible for probation and posing heightened risks to society.
• Automatic sealing of certain criminal records after five years, which Tobin argues could undermine public safety by absolving convicted felons of the obligation to demonstrate rehabilitation.

As H.B. 522 awaits assignment to committee, Tobin expresses optimism about reaching a compromise between the OPAA and the bill’s sponsors as it progresses through the House.

While House Democrats have yet to take a definitive stance on the bill, Willis asserts that he and Williams collaborated closely with Second Amendment organizations to craft legislation aligned with the interests of gun owners. Willis underscores their shared understanding that gun crimes stem primarily from the perpetrator rather than the firearm itself, emphasizing a nuanced approach to addressing criminal behavior within the context of firearm legislation.