Councils Tables Second Amendment Sanctuary Village Idea
Middlefield Village could become a Second Amendment Sanctuary Village, but the village council agreed June 10 to wait on the final version of Ohio House Bill 62, currently before the Ohio Senate.
Middlefield Village could become a Second Amendment Sanctuary Village, but the village council agreed June 10 to wait on the final version of Ohio House Bill 62, currently before the Ohio Senate.
Mayor Ben Garlich spoke in favor of protecting village residents’ right to bear arms during a council meeting, but village solicitor Tom Lee cautioned against any immediate action.
Possible revisions of H.B. 62 could be dangerous in terms of police and village liability, Lee said.
“It creates a private cause of action for any citizen who thinks his rights have been violated,” he said.
Currently, Ohio law enforcement has “qualified immunity” that forbids filing lawsuits against police, he said.
If qualified immunity is removed and a lawsuit is filed, the village will have to defend itself and its officer(s), which is costly even if they win, Lee said.
In addition, insurance premiums for the village could go up, he said.
The bill was presented by Rep. Diane Grendell out of concern the federal government might decide to take away Second Amendment rights, Garlich said.
In proponent testimony offered to the House State and Local Government Committee April 14, Grendell denied the bill was merely symbolic, instead characterizing it as a reaffirmation of the state’s commitment to gun ownership rights and a shield against “future overreaching federal efforts” to attack those rights.
“While no guarantee, it is still better to have a shield than having no shield when it comes to protecting fundamental constitutional rights,” Grendell wrote. “Efforts are introduced almost every day throughout this nation seeking to undermine this critical right. Such assaults on a fundamental right are unacceptable. It is time to show Ohioans that our state will remain true to this foundational right and continue the legacy that the Founding Fathers established 244 years ago.”
Village Police Chief Joe Tucholski said he believes police have no reason to take away firearms from law-abiding citizens.
Individuals who are armed without having a license to carry concealed weapons are another matter, he said.
“We’re not taking anybody’s guns, even if the federal government tells us we are going to,” he said, recommending council wait to act until they know the bill’s final language.
Council member Sam Morrow said removal of qualified immunity could put an officer in jeopardy and in danger of unemployment if a lawsuit is won against that officer.
Garlich and council tabled action until the Senate finalizes H.B. 62.
