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Thread: New Boston Festiville violates state law posting No Gun sign on County Park Property

  1. #1
    Regular Member Makarov's Avatar
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    New Boston Festiville violates state law posting No Gun sign on County Park Property

    My girlfriend I open carried today at several festivals without any problems, one was the Montgomery County Fair, until we got to the New Boston festival. The New Boston festival is located off route 4 just before Springfield Ohio. When my girlfriend and I arrived we found a large sign saying NO GUNS. Please see attachments for photos.
    We talked to several park rangers and deputies asking them the question, who posted the sign and why because they were in violation of state law. They referred me to gentlemen named James Campbell, a supervisor of the event.
    After talking to Mr. Campbell it seemed he had a tendency to stray away from the signage subject. He acknowledges the sign was against the law but he said it was posted because of other reasons. The New Boston event was about replicating Revolutionary War period festivals and I guess some folks were selling modern guns at the festival. That is what he was trying to prevent. He said we were welcome to CCW our firearms but I explained that we can open carry as well. He disagreed we us until one of his friends beside him said we could because its state law.
    In either case we will venture there tomorrow open carrying and will record the entire event. I welcome all open carries to join us at 1:00PM
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  2. #2
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    I just looked at the park rules which they have posted here:

    http://www.clarkcountyparkdistrict.o...and+Regs-1.pdf

    The following is a clear violation of ORC 9.68.

    § 92.07 POSSESSION IN PARK PROHIBITED.
    No person, except law enforcement officers, shall carry, discharge or possess any firearms of any
    description, air or gas gun, or any other missile or projectile throwing device or the ammunition
    thereof within the park without the express written consent of the Director. (Reg. 3.1) Penalty,
    see § 10.99

  3. #3
    Regular Member Makarov's Avatar
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    Sounds like they need some education!

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    Call...

    Tell them to call the City of Englewood...

  5. #5
    Regular Member Makarov's Avatar
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    Update

    My girlfriend and I opened carried into the festival with no problems. The no gun sign was stilled posted; the rangers were very vigilant to our presents but no one interfered. I took a few more pictures of the no gun sign and they are posted. It was positioned differently from yesterday, but never the less still posted. The next step is contacting the park council to “see the error of their ways”and remove the rule before the next event.
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  6. #6
    Regular Member Makarov's Avatar
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    Wrote an email to the Springfield Sun News

    Tried ccontacting the park district by email...mail deamon came back and said bad email address. So I sent an email to the Springfield Sun news, maybe this will start to stir the pot.

    Sir/Ma-am,

    Here is a great story.
    It seems the Fair New Boston has violated State Law and no one cares. I have contact Clark County Sheriffs, the Park Rangers, Mr. Campbell, head of the Fair, and have received no results. According to Ohio Law ORC 9.68, all guns laws reside at the state level. Local or county ordinances are void and must be removed from the books. Clark County Parks have on their books a rules or ordinance’s banning guns from their parks.

    At the fair at New Boston, a gun sign was posted saying in effect "No Guns allowed". I explained to Park Rangers that this was against the law; they directed me to a Mr. James Campbell who directed the event. Mr. Campbell acknowledges the sign was against the law but refused to move it. In addition, I explained to him that open carry cannot be banned at all. He disagreed and refuses to take down the sign.

    This issue is settled law. Earlier this year the city of Clyde lost to the State of Ohio on a similar case. The city posted “No Gun” signs in their park claiming they could override state law because of “Home Rule”. Their argument didn’t hold up in court. The result was the city losing thousands of tax payer dollars fighting a lost cause. Let’s hope this doesn't happen to Clark County Parks department. I have also contact Clark County Sheriffs regarding this matter. They seem unsure who is supposed to enforce the law for the parks.

    Please feel free to contact me on this matter.

    Sincerely,
    Last edited by Makarov; 09-05-2011 at 07:34 PM.

  7. #7
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    It Seems to Me that Someone needs to Sue New Boston Festiville.

    Ohio Revised Code 9.68 Preempts Fair New Boston Festiville, so as long as The Event Occurs on Public Property.

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    In a bit of irony, one of the folks who sets up every year at the Fair at New Boston is an old timey gunsmith, who demonstrates the way a circa 1700s rifle is manufactured. Never attended this festival myself but a couple of friends do, they report spending a good bit of time talking with that gunsmith at his shoppe.

  9. #9
    Regular Member Makarov's Avatar
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    It seems they like flintlocks.

    According to Mr. Campbell, the director or the historical society, the purpose of the “No Gun Sign” was to ward off merchants that sell modern weapons in a Revolutionary era fair. The problem is he refuses to take down the sign.

    I talked to Mr. Campbell on Tuesday and I advised him this issue is now at the internet and press level. Mr. Campbell still stands by his claim he is not against concealed carry and that anyone could do so with the sign posted at the fair. What he doesn’t understand again and I advised him, the signage and the rules/ordinances that are posted on line are against Ohio law. He insisted the gun rules were removed back in 2008 to fall within state law but was surprised when I told him they were posted on line.

    The Springfield Sun News contacted me today confirming the article letter I sent. It seems they want to post it in their paper. If anyone sees it, please let me know?
    Last edited by Makarov; 09-08-2011 at 08:55 AM.

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