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Thread: Open Carry in local, county, and state parks

  1. #1
    Regular Member usamarshal's Avatar
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    Open Carry in local, county, and state parks

    I won't name the park district or the officer that sent the emails, but I will post the email convo. OC is allowed ANYWHERE in Ohio, except where stated by OHIO law and the GB signs and for now in your car, which is BS...Convo starts at bottom by my initial question. The officer was professional throughout, just as I was. He will now let his officers know the law and redraft the park rules on firearms. I suggest that everyone "ask" about open carry with there local law enforcement agencies so they have a clear understanding of the law. Hoorah!!!

    Him: Thank you for your emails and for the information you provided. I knew the case out of Cleveland was being heard in the Ohio Supreme Court but I had not received anything on the ruling. According to the Supreme Court's decision on December 29, 2010, it would appear that open carry in our facilities would be allowed. From what I understand, we will still be able to enforce no firearms in government buildings, discharging a firearm with a park facility and all concealed carry laws would still need to be followed. I am sure this ruling will change many park districts' rules as well as many local ordinances.

    We will need to redraft our rule on firearms and until it is, our officers will not consider the possession of a firearm alone to be reasonable suspicion or probable cause for enforcement, absent other circumstances that would indicate criminal behavior.

    I hope you find this information helpful.

    Me: I had actually asked the Attorney Generals office via email the same time I had emailed you and they stated that state law is not subject to city or county rules in regards to open carry.

    2. Beyond the rights granted by the Ohio Constitution, Revised Code § 9.68 provides that, unless otherwise prohibited by State or Federal law, any person “may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.” Specifically included in this statute is the right to openly carry a firearm. See Revised Code § 9.68(C)(1).

    Him: This question has come up many times in the past with park district throughout the state but the courts have held that park district may have laws that do not allow open carry within their jursidiction. It is my understand that some parks even disallow concealed carry. Our Park allows only concealed carry within our facilities but there are stipulations with that. The concealed carry permit does not allow the holder to carry a firearm in any governmental building located in the Park District. This would include offices, nature centers, etc.

    Me: Thanks for the quick reply. But don't state laws supersede park rules? From my understanding its not against the law to openly carry a firearm in plan view in the state of Ohio and no license is required. Can you follow up with me in regards to this?

    Him: Under our current Rules and Regulations, it would not be legal to carry any type of firearm in the manner that you describe. Although one can carry a firearm in a holster in plain view in the State of Ohio, there are exception (such as establishments that serve alcohol). Park districts can set rules against such carry. The only way to carry any type of firearm in our facilities is to have a concealed carry license and follow all the laws related to such or through a special permit.

    If you would like to review the regulation on firearms, you can find our Park Rules and Regulations on our website, County Park in Question. The Section on Firearms is under - Park Rules

    Me: Was wondering if it is legal to carry a holstered firearm in plain view in the county parks as its legal to openly carry a firearm in plain view in the state of Ohio?

  2. #2
    Regular Member usamarshal's Avatar
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    On a side note the Chief for ODNR already knew that it was legal to openly carry and was all for it.

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    Don't be shocked if you fail to see new, updated regulations or signage from some of these parks in the near future. (Haven't you heard, every government entity from local dog catcher to the U.S. Congress is "broke" nowadays? )

    More to the point, there's no penalty or other pressure--besides us grassrooters--to make these parks get with the program. When Ohio law changed in 2008, allowing for carry in the state's roadside rest areas, it took months of complaints to get the Ohio Dept. of Transportation to take down the gunbuster signs. Meanwhile, when ODOT got a new Director in January of '09 it was literally only a couple days later that the new boss guy's picture and name were plastered up statewide, in ALL rest areas. Priorities, ya know. Just as now, I'm sure it is a huge ODOT priority to get the new Governor's name on all 'Welcome to Ohio' federal/state highway border signs. (Haven't looked, but Kasich has only been Governor for a couple days, I'll wager those signs are changed.)

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    Regular Member usamarshal's Avatar
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    Hey Brian, yea I hear you on the signs. But as long as the offiers and the chiefs/sheriff's know the law thats all I care about.

  5. #5
    Accomplished Advocate color of law's Avatar
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    Total Off limits for OC and CC.

    Schools (K through 12)
    Jails including juvenile detention facilities
    Courthouse
    Class D or by the glass liquor establishments
    State run mental hospitals
    State run mentally retardation homes

    Remember this list is general in nature. Your responsible for your own actions and choices....

    Yes you can legally open carry in a state of Ohio owned and/or operated building except for the above listed....


    So, the officer doesn't know what he is talking about. And that is a BIG PROBLEM......
    Last edited by color of law; 01-11-2011 at 09:52 PM.

  6. #6
    Regular Member William Fisher's Avatar
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    Quote Originally Posted by color of law View Post
    Total Off limits for OC and CC.

    Schools (K through 12)
    Jails including juvenile detention facilities
    Courthouse
    Class D or by the glass liquor establishments
    State run mental hospitals
    State run mentally retardation homes

    Remember this list is general in nature. Your responsible for your own actions and choices....

    Yes you can legally open carry in a state of Ohio owned and/or operated building except for the above listed....


    So, the officer doesn't know what he is talking about. And that is a BIG PROBLEM......
    Isn't Public Houseing Units such as subsidized Houseing (HUD) off limits to any firearms on premises especially if posted.

  7. #7
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by William Fisher View Post
    Isn't Public Houseing Units such as subsidized Houseing (HUD) off limits to any firearms on premises especially if posted.
    I don't think I mentioned any federal property. Like VA hospitals, federal property is a different matter. HUD housing is federal. But, I would think denying a renter and their guests access would violate Heller.
    Listen there are many laws on the federal books that could possibility be over turned because of Heller.
    Until challenged those laws will continue to haunt gun owners.

  8. #8
    Regular Member William Fisher's Avatar
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    Quote Originally Posted by color of law View Post
    I don't think I mentioned any federal property. Like VA hospitals, federal property is a different matter. HUD housing is federal. But, I would think denying a renter and their guests access would violate Heller.
    Listen there are many laws on the federal books that could possibility be over turned because of Heller.
    Until challenged those laws will continue to haunt gun owners.
    No, you didn't mention federal property. I was just adding to the conversation because I'm accaintances to a few people who live in them and one of them is pretty handicaped. He would feel far safer being armed.

  9. #9
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by William Fisher View Post
    No, you didn't mention federal property. I was just adding to the conversation because I'm accaintances to a few people who live in them and one of them is pretty handicaped. He would feel far safer being armed.
    Ohio law does not allow discrimination of the 2A just because you rent. Also HUD does not own properties as such, they subsidize or pay part of the rent to the owner of the property for the renter.
    Last edited by color of law; 01-24-2011 at 12:58 AM.

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