Ohio Supreme Court ruling on carrying in city parks?

Kungfu · Oct 15, 2008

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My wife and I were riding today and found a new park property, must have been recently aquired just on the edge of town. Under the rules it says no one can carry or concealed carry in it, and it is a City Park. I thought there was a ruling on it that overruled city restrictions on doing such. Please point me in the right way.

Thanks!

Kungfu · Oct 15, 2008

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Actually I just found it, it is Ohioians For Concealed Carry vs Clyde and references ORC 9.68. My question would be who do I contact at a city level to make sure they change the posted rules for the park. Would that be someone at the park or the da or city police?

...I guess I should ask, what if they refuse? I would hope not, but would I then just contact the Ohio Atty General office or should I just hope I dont get unlawfully arrested for it and then worry about suing them for it?

By the way, no one has yet to post progun/gun knowledgable attorney information.

color of law · Oct 15, 2008

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Kungfu wrote:

My wife and I were riding today and found a new park property, must have been recently aquired just on the edge of town. Under the rules it says no one can carry or concealed carry in it, and it is a City Park. I thought there was a ruling on it that overruled city restrictions on doing such. Please point me in the right way.

Thanks!

OFCC v. Clyde Ohio Supreme court case.

http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-4605.pdf

color of law · Oct 15, 2008

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Kungfu wrote:

Actually I just found it, it is Ohioians For Concealed Carry vs Clyde and references ORC 9.68. My question would be who do I contact at a city level to make sure they change the posted rules for the park. Would that be someone at the park or the da or city police?

...I guess I should ask, what if they refuse? I would hope not, but would I then just contact the Ohio Atty General office or should I just hope I dont get unlawfully arrested for it and then worry about suing them for it?

By the way, no one has yet to post progun/gun knowledgable attorney information.

http://www.ohioccw.org/component/option,com_lawdir/catid,2/Itemid,106/

Kungfu · Oct 15, 2008

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Wow, thank you for the links!

RT48 · Oct 16, 2008

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Kungfu wrote:

...I guess I should ask, what if they refuse

If you document the sign in the OFCC forum dedicated to getting these signs removed, someone at OFCC will write a letter to the city.

http://ohioccwforums.org/viewforum.php?f=27

OFCC will need information like the names and contact info for the Mayor, Law Director, name of the park, location of signs, photo of sign, etc.

Kungfu · Oct 16, 2008

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Thank you for the link. I'm going to submit everything at once, so I've started compiling a list of names and park locations.

I'm curious, I see Fairgrounds on there and also County Parks, are they alsosupposed tocomply with OCCW vs Clyde / ORC 9.68?

RT48 · Oct 17, 2008

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Kungfu wrote:

I'm curious, I see Fairgrounds on there and also County Parks, are they alsosupposed tocomply with OCCW vs Clyde / ORC 9.68?

Yes, they are. Any political subdivision of the state such as cities, counties, regional transit authorities, metroparks and county agricultural societies must comply.

Bustelo5% · Jul 14, 2009

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Portage Lakes State Park I looked on line and through the dept of resources website and there was nothing about firearms. Im just gonna put it plainly can you OC or transport onto this state park im a little confused by this?

Bustelo5% · Jul 14, 2009

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regional transit authorities does this include RTA/Amtrack Cleveland? or is my assumption wrong?
I have yet to findout if you can OC on PARTA or Metro in the AKron/Kent area I dont catch the bus but this would be intresting especially for PARTA since it goes through Kent State

RT48 · Jul 15, 2009

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Bustelo5% wrote:

Portage Lakes State Park I looked on line and through the dept of resources website and there was nothing about firearms. Im just gonna put it plainly can you OC or transport onto this state park im a little confused by this?

All state, county, city and regional parks are legal for carrying. Anything run by the National Park System like the Cuyahoga Valley National Park become legal in February 2010 because of a recent federal bill that was passed.

RT48 · Jul 15, 2009

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Bustelo5% wrote:

regional transit authorities does this include RTA/Amtrack Cleveland? or is my assumption wrong?
I have yet to findout if you can OC on PARTA or Metro in the AKron/Kent area I dont catch the bus but this would be intresting especially for PARTA since it goes through Kent State

Amtrak is not a regional transit authority, it is a entity created by the federal government just like the USPS.

Once again, political subdivisions can only stop you from carrying in their buildings; not their vehicles, not their parking lots, not anything else, just buildings.

Bustelo5% · Jul 16, 2009

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Thanks for the replies I was a little confused and I didnt wanna get busted for having a my gun in Portage Lakes Ive just never delt with it before.

I figured id pose the question of RTA PARTA and other ohio public transit since its just something nobody has talked about.

Intresting I work part time doing security at a compost facility owned by a mayor in the middle of a nature preserve in Cuyahoga Falls i think its cuyahoga valley lol im not from here.In anycase I cannot carry at work idk why its kinda weird,but im glad that ill be able to walk outside of work if I want and carry around the National PArk.

Mike · Jul 16, 2009

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Kungfu wrote:

Actually I just found it, it is Ohioians For Concealed Carry vs Clyde and references ORC 9.68. My question would be who do I contact at a city level to make sure they change the posted rules for the park. Would that be someone at the park or the da or city police?

...I guess I should ask, what if they refuse?

no, do not ask. Gind a lawyer and sue for delcarative and injunctive relief - Ohio now has a great attonrey fee shifting statute for preemption violations. use it. Crush them and make an example of them at their expense.

Bustelo5% · Jul 16, 2009

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reefteach · Jul 16, 2009

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Kungfu wrote:

My question would be who do I contact at a city level to make sure they change the posted rules for the park. Would that be someone at the park or the da or city police?

Within 1 week of contactinga local township councilperson, the township law director where I live had the restroom signs removed. I recently had a similar result with a township which I visit frequently. In my experience, if you send a polite request to either a township councilperson or a general parks and recreation e-mail address, it will be forwarded to the law director of the minicipality, who will contact you directly.

I suggest sending polite e-mails, or snailmails, to parks and council personswith the appropriate statutes and case law. I have had had possitive results this way. It eventually makes its way to the law director.

If they flat out refuse, then it will be time to take it to the next level (civil court or having a state pro2A organization get involved).

Ohio Supreme Court ruling on carrying in city parks?

Kungfu

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