Saying that signing a gun rights measure "would be detrimental to the safety of all of our citizens," Gov. John Kasich vetoed a bill Wednesday that would have shifted the burden of proof in self-defense cases.

“I’m a Second Amendment guy. I also believe there are some important restrictions we need to place on the Second Amendment,” the outgoing governor told the Columbus Metropolitan Club earlier Wednesday.

The move sets up a potential veto override showdown when lawmakers return for rare post-Christmas sessions. Legislators also may seek to override potential vetoes of bills that grant pay raises to state and local elected officials, and one or two abortion-related measures, including the "heartbeat" bill. Any of those vetoes are expected Thursday or Friday.

Kasich expressed disappointment the legislature didn't come close to approving changes proposed by a bipartisan group he formed, including a "red flag" law that would allow a judge to temporarily seize weapons of a gun owner suspected of being a threat to themselves or others.

“We can’t get it done over there. This really infuriates me,” Kasich told the near-capacity crowd.

The self-defense law was thought to be more palatable because a "stand-your-ground" provision was removed.

“Why would I sign a bill that gives more power to the gun advocates?” Kasich wondered.

“For the first time in my lifetime, the possibility of somebody coming through that door and shooting us exists. And we can’t do anything due to rotten, stinking politics.”

Supporters, including gun-rights groups, say Ohio is the only state in the nation that places the burden on the accused to prove they behaved lawfully in a self-defense situation. House Bill 228 would require the prosecution to prove beyond a reasonable doubt that a person did not act in self-defense, instead of requiring the accused to show by a preponderance of evidence — a lower standard than reasonable doubt — that the killing was justified.

“It is a fundamental tenant of law that to have one’s liberty taken, the government must prove it was an unlawful use of force,” testified Tim Young, the Ohio Public Defender. “Instead, Ohio puts the burden on its citizens to prove they acted lawfully.”

Prosecutors, police chiefs, the state’s largest police union, cities and the Ohio NAACP opposed the bill.

“The governor saw this for what it is — an extreme attempt to punish Ohio cities and towns for trying to address gun violence,” said Laura Lewis, volunteer leader with Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety.

“Most Ohioans want our lawmakers to work together and pass bipartisan gun safety legislation, like a red flag law and legislation to keep guns out of the hands of domestic abusers. We want Ohio to move forward, not backward.”

In his veto message, Kasich called the absence of a red flag provision "an omission I cannot accept."

The goal is to reduce gun violence. Unfortunately, this legislation went too far by creating more opportunities for gun violence to occur.

https://t.co/Se5xQNiK0D

— John Kasich (@JohnKasich) December 19, 2018

Kasich also criticized the bill's preemption of a city’s ability to enact ordinances related to firearms, which he said violated Ohio's home rule provisions.

The controversial topic deserves more consideration than a lame-duck legislative session, he said, calling on the new General Assembly next year to conduct a "prolonged, thoughtful and transparent review" of Ohio's gun laws.

When the bill passed the Ohio House it included a controversial stand-your-ground provision that would have eliminated Ohio’s duty to retreat, a state law that requires a person to attempt to flee a confrontation, if possible, before using deadly force.

But Senate Republicans, facing push-back within their own caucus, removed that provision from the bill before passage.

Both chambers may have the three-fifths majority needed to override Kasich’s veto, but only if enough members show up the post-Christmas sessions that were only recently scheduled.

In the Senate, for example, if one “yes” vote fails to show, the override appears unlikely. Last Thursday night, nine House Republicans were absent when the bill came up for a final concurrence vote, giving it 59 votes for passage, one short of the minimum for an override.

rludlow@dispatch.com

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