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No weapons on Wayne County Fairgrounds?

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
Received today:
Dear Mr. "MWSY" –

We have forwarded your email to the Wayne County Prosecutor, Dan Lutz, and he is reviewing this issue. Thank you for your concern.

Barb Chapin
Wayne County Commissioners’ Office
330-287-xxxx

My original email:
To: waynecountyfair@yahoo.com; Wayne Commissioners
Subject: Please remove the "No Guns" signs at the fairgrounds

To whom it may concern-

I prefer to openly carry my handgun in a hip holster. I noticed the signs at the Wayne county fairgrounds disallowing firearms, whether openly carried or concealed.

I do not believe these signs are legal.

The signs are posted by the Wayne County Fair Board and claim authority under ORC 1711.31, but that law only gives an agricultural society (i.e. the Fair Board) control and management of the property. ORC 1711.31 does not allow the Fair Board to violate a general law of the state of Ohio, such as the state preemption of firearm laws under ORC 9.68.

In addition to allowing only federal and state laws to regulate firearms, ORC 9.68 also specifically directs a court to award costs and attorney fees in a lawsuit for any ordinance, rule or regulation that violates ORC 9.68.

Since the posted signs violate ORC 9.68, I am sure you will want to act quickly to remove those signs.

Thanks!

-"MWSY"
September 9, 2012
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
BriKuz said:
...I'm curious what would happen if my wife had her pistol on one hip and our 15mo old daughter on her other and tried to enter... Though I am loath to encourage her getting into that situation.

There is open carrying and there is open carrying to make a point.

If you are going to open carry to make a point, like an illegally posted fairgrounds, you CAN NOT be afraid to get arrested. If you have ANY concern about being arrested, DO NOT DO IT.

Law enforcement personnel are trained to maintain control and dominate the situation. Even if they KNOW their charge won't stick, arresting you will get you out of their way.

The audio shows that the deputies at the fair are also not aware of ORC 2921.29. They need to be reminded of that one.
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Mr. Lutz (Wayne County Prosecutor) just called me and said he is working on the situation... hopefully we can get a good resolution!
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
There is open carrying and there is open carrying to make a point.

If you are going to open carry to make a point, like an illegally posted fairgrounds, you CAN NOT be afraid to get arrested. If you have ANY concern about being arrested, DO NOT DO IT.

Law enforcement personnel are trained to maintain control and dominate the situation. Even if they KNOW their charge won't stick, arresting you will get you out of their way...
+1000
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Okay, okay... I forgot my balls at home... was concerned with getting arrested with my wife and daughter watching! I'll figure out today whether they are still there or not!
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
There's no shame in being unwilling to "go all the way". One just has to decide how far one is willing to take things.

This is certainly not directed at you, but just because one is willing to go to the mat doesn't mean that one is doing so in a wise or productive manner.
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Mr. Lutz just called and said the signs were coming down and going back up on the buildings! Thanks to all for the work, advice, and support!
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
Now that the "A-Team" has momentum, you need to get the prosecutor to issue something like the Cincinnati prosecutor did
Not very effective. Peace officers tend to want personal explanations and someone to respond to, "But what if ..."

That's in the pipeline, though.
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
Just talked to BriKuz.

He and family are at the Wayne County fair.

The signs are down.

There are no signs on buildings (yet?)

Heartfelt appreciation to all, especially the folks in the Wayne County Prosecutor's office! (You know who you are!)
 

JmE

Regular Member
Joined
Mar 28, 2007
Messages
358
Location
, ,
If I would've know you were going to OC, I would have tried to go with you. I just OCed at the Highland County fair Wednesday and was met with resistance.

Good work BriKuz and all of those who helped on Wayne County fairground 9.68 compliance!
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Beautiful evening at the fair... got to see some fine livestock, the baby girl rode a pony! Had MANY opportunities to answer questions about open carry... didn't have all the answers, but directed people to opencarry.org and ofcc... all in all, a beautiful evening... Thanks again to all who helped, both on the boards and in the Wayne County Prosecutor's Office, including Dan Lutz. The wife and I are going back Saturday, and perhaps one day this week, if anyone wants to meet up...
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
Since your fair won't be there on Saturday, come on down to the Hocking county fair. Saturday is the last day.

$7 gets you in, free parking and free rides.

Younger kids are cheaper, I think.
 
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