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Ashland Ordnances...

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
I'm finding crap all over... are we all just going to have to grass-roots go after each municipality to get these laws off the books? Here's some Ashland stuff I find suspect:

549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
(a) No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:


(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;


(2) To insure the safety of persons and property.


(b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)

511.04 EMERGENCY Orders

(g) Prohibit or restrict the carrying or possession on the public streets or public sidewalks, in any public park or square or any other public place, a weapon, or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;


So a mayor can take away our right to defend ourselves RIGHT when it may most be needed?!?
 

JSlack7851

Regular Member
Joined
May 10, 2009
Messages
291
Location
, Ohio, USA
I'm finding crap all over... are we all just going to have to grass-roots go after each municipality to get these laws off the books?

So a mayor can take away our right to defend ourselves RIGHT when it may most be needed?!?

Well, thats pretty much been the case, one case at a time. Usually when a OC'er gets accosted by local LEO over open carrying,well that is when letters and phone calls start pouring in. In most cases when you find signs, or in your case, laws on the books, they are not enforced. There are still cases of LEO trying to scare LAC by pointing out signs that hold no meaning. Thats the point when YOU have to know the signs have no meaning and speak up.

Mayor's don't do anything, and they don't take away rights, they are your rights to forfeit or stand up for, should you chose.

If someone feels they have been treated unfairly, bring the VOICE RECORDING to someone, or someplace, like here, where help is available. Be careful, some organizations say and advertise they are for open carriers, but in the long run, they're not.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
I'm finding crap all over... are we all just going to have to grass-roots go after each municipality to get these laws off the books? Here's some Ashland stuff I find suspect:

549.05 FAILURE TO SECURE DANGEROUS ORDNANCE.
(a) No person, in acquiring, possessing, carrying or using any dangerous ordnance shall negligently fail to take proper precautions:


(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person;


(2) To insure the safety of persons and property.


(b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. (ORC 2923.19)

511.04 EMERGENCY Orders

(g) Prohibit or restrict the carrying or possession on the public streets or public sidewalks, in any public park or square or any other public place, a weapon, or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;


So a mayor can take away our right to defend ourselves RIGHT when it may most be needed?!?
First, some words need clarification:

ordinance: an authoritative rule or law.
ordnance: military supplies including weapons, ammunition, etc., and particularly, explosives.

It's easy to miss that "i" in the first word, but as you can see, the two words have very different meanings.

The first ordinance cited is not unlawful, it's just redundant. It's an exact recitation of RC 2923.19, so it's not really a violation of RC 9.68.

The second ordinance is a provision for public emergencies. It might be contrary to the Ohio constitution (Article I, § 18). But if there really is a public emergency, it won't be challenged in court until after the public emergency. Permissible governmental actions during a public emergency have always been sketchy and always will be, and the resolution often depends on the nature and extent of the public emergency.
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Sorry, Werz, missed the ORC on securing... and the brain spell check on ordinance vs ordnance... I should know better (kicks self in buttocks)

I know what you're saying, JSlack... not saying I 100% agree, but i see some things that concern me greatly...
 

JediSkipdogg

Regular Member
Joined
Sep 10, 2012
Messages
139
Location
Batavia
I know what you're saying, JSlack... not saying I 100% agree, but i see some things that concern me greatly...

I believe you could look at 90% of the cities in Ohio and find cities with ordinances on the books that shouldn't be there after pre-emption. However, it's not like the court ruling comes out, all cities are faxed a copy, and then immediately change their law books. Most cities will just issue a "do not enforce" letter to the police because they can do that without going through council. Removing the ordinances takes a vote of council which requires bringing the topic up and then being the bad ones for removing them.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
We should force their hands. I will, once I change my residence to Ohio, scour my local ordinances and bring the council to task on any that violate State law. They will be forced to answer on the record.


Sent from my iPad using Tapatalk.

<o>
 

JSlack7851

Regular Member
Joined
May 10, 2009
Messages
291
Location
, Ohio, USA
Most cities will just issue a "do not enforce" letter to the police because they can do that without going through council.
I never heard that b/4. Thanks for the training, oh and welcome to the forum!


We should force their hands. I will, once I change my residence to Ohio, scour my local ordinances and bring the council to task on any that violate State law. They will be forced to answer on the record.


Most cities will just issue a "do not enforce" letter to the police because they can do that without going through council.
I never heard that b/4. Thanks for the training, oh and welcome to the forum!

Ordinarily, I would suggest a Meet and Greet in Ashland, but since its so late in the open carry season that might not be practical. A trip to Ashland city council might be in order. It was done with great success in Alliance by Mr. Werz and MWSY. Ashland is a nice college town, probably not wanting to be out of date with the preemption.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
...Ordinarily, I would suggest a Meet and Greet in Ashland, but since its so late in the open carry season that might not be practical. A trip to Ashland city council might be in order. It was done with great success in Alliance by Mr. Werz and MWSY. Ashland is a nice college town, probably not wanting to be out of date with the preemption.

I can't say what my schedule is now, but I intend to be active in the whole 2A movement in OH and the OC movement in particular. If you schedule it and I am free, I will be there.

The only thing I won't support (and will actively work against) is a "movement" run despotically by one person or a small handful of people.
 

JediSkipdogg

Regular Member
Joined
Sep 10, 2012
Messages
139
Location
Batavia
I never heard that b/4. Thanks for the training, oh and welcome to the forum!

No problem and thanks for the welcome. Long time lurker that finally decided to join. Somewhat limited on what I can post and what I can due because of my job but more than glad to help whenever I can.
 

Werz

Regular Member
Joined
Aug 2, 2012
Messages
301
Location
Northeast Ohio
Ordinarily, I would suggest a Meet and Greet in Ashland, but since its so late in the open carry season that might not be practical. A trip to Ashland city council might be in order. It was done with great success in Alliance by Mr. Werz and MWSY. Ashland is a nice college town, probably not wanting to be out of date with the preemption.
You're going to be disappointed. I reviewed the Codified Ordinances of the City of Ashland. No ordinances prohibiting guns in the park. No ordinances prohibiting open carry of firearms. All ordinances related to firearms mirror the Ohio Revised Code. If you're looking for drama, you won't find it there. I watched a non-LEO openly carry a holstered handgun on the sidewalk right in front of the prosecutor's office there ... 30 years ago. It was a non-event then, and I imagine it would be now.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I don't think that anyone here would be disappointed that a municipality was following State law by not further oppressing its people.

I know that I ain't looking for confrontations. I just won't shy away from one if a city ups and decides to violate my rights.


Sent from my iPad using Tapatalk.

<o>
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
I don't think that anyone here would be disappointed that a municipality was following State law by not further oppressing its people...

Don't misunderstand. We would not be disappointed that a municipality actually had a clue...we would be disappointed that we have one less reason to schedule a get-together.

:uhoh: :D
 

JSlack7851

Regular Member
Joined
May 10, 2009
Messages
291
Location
, Ohio, USA
You're going to be disappointed. I reviewed the Codified Ordinances of the City of Ashland. No ordinances prohibiting guns in the park. No ordinances prohibiting open carry of firearms. All ordinances related to firearms mirror the Ohio Revised Code. If you're looking for drama, you won't find it there. I watched a non-LEO openly carry a holstered handgun on the sidewalk right in front of the prosecutor's office there ... 30 years ago. It was a non-event then, and I imagine it would be now.

I'm not disappointed, relieved actually. Something that never made my 'to do' list won't. Thanks for taking the time to look 'em up. Ashland's ordinances refer to ordnance, not carry weapons.
 
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