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Thread: Open carry in a park

  1. #1
    Regular Member Garystarcher's Avatar
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    Open carry in a park

    I looked but I'm not finding anything in the ORC on this subject. I always thought it was legal as long as its not posted. Can someone give me some insight?

  2. #2
    Campaign Veteran MSG Laigaie's Avatar
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    NPS.gov website

    FIREARMS IN PARKS

    As of February 22, 2010, a new federal law allows people who can legally possess firearms under applicable federal, state, and local laws, to legally possess firearms in this park.
    The Credit Card Accountability Responsibility and Disclosure Act of 2009, was enacted May 22, 2009 and will become effective February 22, 2010. Section 512 of this law; Protecting Americans from Violent Crimes, supersedes the uniform treatment of firearm possession in the national park system outside Alaska under the regulations found at 36 C.F.R. 2.4.
    It is the responsibility of visitors to understand and comply with all applicable state, local, and federal firearms laws before entering this park. Yellowstone encompasses parts of Wyoming, Montana, and Idaho. Each state has different regulations and these are listed below.
    Federal law also prohibits firearms in certain facilities in this park (such as visitor centers, government offices, etc.); those places are marked with signs at all public entrances. Hunting and discharge of firearms remain prohibited in Yellowstone National Park.
    Firearms should not be considered a wildlife protection strategy. Bear spray and other safety precautions are the proven methods for preventing bear and other wildlife interactions.


    I found this for you. This will depend on whether your state laws will trump the Fed laws.
    Last edited by MSG Laigaie; 04-16-2012 at 01:28 PM. Reason: clarity
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  3. #3
    Regular Member Garystarcher's Avatar
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    Thanks for that. This is just a little city park with a few swings and a duck pond. My brother said I can't carry and I asked him who told him that. It turns out the columbiana county sheriff said that carry in 90% of parks is off limits.

  4. #4
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    Also, the Ohio Supreme Court said local laws or rules banning guns in city parks are illegal:

    http://www.supremecourt.ohio.gov/PIO...918/070960.asp

    In another case, the OSC upheld state preemption:

    http://www.supremecourt.ohio.gov/PIO...229/092280.asp

  5. #5
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    Ya know I've been doing this open carry thing since 2004. Its not uncommon to find a LEO who doesn't know the law. Another organization tried to mass mail information about OC to every Police Dept. in the State. Every Dept. got a letter, thing was, the information was either tossed or it didn't make it down in the ranks.

    Open Carry is legal in city parks. City of Clyde found out first. OFCC vs. Clyde; Then the City of Cleveland. Ohio vs. The City of Cleveland.

    Rookies need to know the laws, and carry a voice recorder. When the police officer tells you OC is illegal, you bring (send) the recording to me and I'll write his Chief a letter and ask him why you were denied your civil rights under color of law.

    Some Chiefs will promise to train their officers. Some Chief's will 'say' they are going to train. Sometimes it takes a letter from a Lawyer threatening to sue over civil rights violations. Some Chief's who have the support of their city council, take a little more persuasion. Like the City of Cambell.

    Carry on, the more people that carry, the sooner it will become common place. Follow the safety precautions (voice recorder), and the laws. Do not argue, with Police, even when you know their wrong, I find, in most cases, OC'ers will be asked to cover, protest, but do it. Its so much easier writing letters if your not arrested on some trumped up charge.

  6. #6
    Regular Member MyWifeSaidYes's Avatar
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    If it is a privately owned park, they can post.

    If the park is owned by any type of municipality (town, village, city, etc.) they can not post. Open carry and licensed concealed carry are legal.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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