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Thread: Metro Park Carry

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    Regular Member whitewolf68's Avatar
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    Metro Park Carry

    Was wondering if anyone has definitive information on CC in the Ohio Metro Parks? I know if the past it was banned.

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    Carry in Ohio parks has always been legal since the concealed carry law passed in 2004. That's not to say some park systems may have had (and some still do) rules banning carry but those rules have never been legal.

    With the two Ohio Supreme Court decisions, OFCC vs City of Clyde and Cleveland vs Ohio, there is no wiggle room for any political subdivision in the state to regulate any aspect of gun carry.

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    Regular Member RCall's Avatar
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    My first LEO encounter while carrying was with a 5 rivers metro parks officer in Montgomery County (Dayton area) i was pulling under a bridge in my truck to get my boat out of the river and i look into my rear view mirror and saw him standing behind me calling in my plates to his dispatcher. Not aware i had done any thing wrong i remembered my training, hands on steering wheel, do what he says, to make a long story short, i wasn't suppose to be on the grass and he was very cool about my firearm.

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    Regular Member whitewolf68's Avatar
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    Thank you RT48, that's what I wanted to know. With the weather warm here I want to take my dog to the park for a nice walk but I refuse to go out unarmed.

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    Question is.... can you open carry in state and metro parks?

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    Quote Originally Posted by ghost913 View Post
    Question is.... can you open carry in state and metro parks?
    Yes, completely legal in both.

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    Kool!!! Thanks buddy you never know when a bobcat will jump put at ya

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    Regular Member whitewolf68's Avatar
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    Quote Originally Posted by ghost913 View Post
    Kool!!! Thanks buddy you never know when a bobcat will jump put at ya
    You know in Toledo ANYTHING is possible. LMAO

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    Yes to answer Whitewolf, we can open or concealed carry in any state or federal park in Ohio. Further, this isn't a hypothetical right, I've often open carried at state parks here in central Ohio. The most "encounter" I've had thus far is a park ranger nodding and saying "howdy".

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    Regular Member whitewolf68's Avatar
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    Quote Originally Posted by GhostOfJefferson View Post
    Yes to answer Whitewolf, we can open or concealed carry in any state or federal park in Ohio. Further, this isn't a hypothetical right, I've often open carried at state parks here in central Ohio. The most "encounter" I've had thus far is a park ranger nodding and saying "howdy".
    No sir Ghost, I was truly wondering because during the spring, summer and fall months we walk our dog there quite a bit. I don't like being out unarmed no matter where I am at but I want to do it legally of course. Still a little uneasy with open carry but I am getting more comfortable.

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    Regular Member Deanimator's Avatar
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    I live above the Cleveland Metroparks and we have coyotes. I've heard them down in the valley and have seen tracks in the snow in our parking lot. That's justification enough to carry if you take your dog (or small child) into the parks.

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    Regular Member whitewolf68's Avatar
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    Quote Originally Posted by Deanimator View Post
    I live above the Cleveland Metroparks and we have coyotes. I've heard them down in the valley and have seen tracks in the snow in our parking lot. That's justification enough to carry if you take your dog (or small child) into the parks.
    Very good point. I never really thought about the wild life, just the low lifes.

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    And then there are incidents like this:

    A Cleveland man is charged with failing to control his dog…which was shot to death while attacking another dog.

    Darryl Smith was walking his Rottweiler named Noz December 27th in the Cleveland Metroparks Rocky River Reservation. Smith says Noz got off the leash while chasing a rabbit or squirrel. At some point, Noz started to attack a Labrador Retriever named Bella who was being walked by its' owner.

    Bella’s owner, Jim Keeney of Cleveland, says his dog was bitten in the head and upper shoulder. Keeney told Metropark Rangers that he kicked at the Rottweiler and eventually pulled out a gun and fired three rounds. One of the rounds killed the attacking Rottweiler.
    http://www.wtam.com/cc-common/news/s...rticle=4813737

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    Quote Originally Posted by RT48 View Post
    And then there are incidents like this:



    http://www.wtam.com/cc-common/news/s...rticle=4813737
    I'm surprised the shooter wasn't charged. No where in the article did it say that the shooter was being attacked.

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    Regular Member whitewolf68's Avatar
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    Quote Originally Posted by RT48 View Post
    And then there are incidents like this:

    http://www.wtam.com/cc-common/news/s...rticle=4813737

    WOW! I am surprised he was not charged as well. That was a bit extreme.

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by whitewolf68 View Post
    WOW! I am surprised he was not charged as well. That was a bit extreme.
    Extreme? I, being someone who has admitted to having a harder time intellectually coming to terms with maybe shooting a threatening dog than a threating human, would have done the same thing if another dog was attacking one of my dogs in such a situation

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    The rottweiler could have turned on him in a split second. Should he have waited until it had him in its jaws?

    Luckily, here in Ohio we have a pretty good law that allows us to defend ourselves from attacking or even threatening dogs.

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    Question Property or family

    :Was that dog considered as a family or property?ccw laws state you only have rights to protect human life not property.Any legal clarification out there on this? Could help us all.



    http://www.wtam.com/cc-common/news/s...rticle=4813737[/QUOTE]

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by notsospeedy View Post
    :Was that dog considered as a family or property?ccw laws state you only have rights to protect human life not property.Any legal clarification out there on this? Could help us all.
    That's a great question. I don't know Ohio law on that but will address it as a general matter...

    It is correct that in most (all?) places pets are personal property and you cannot in most places use deadly force to protect property from another human so you would not be legally justified in shooting a person beating on your dog (although physical force may be authorized - eg in MO you are usually justified in using physical, not deadly, force to protect property).

    However, many (most?) states also have statutes allowing force, up to deadly force, to protect livestock and animals from predators. Given the farming in OH, I would guess they have such a statute. In this case, a person was with his animal in a place he was legal to be with his animal when another animal, ie the Rotty, attacked his animal. Substitue fox/bobcat/coyote for "rottweiler" and is there still any objection to the shoot? In city limits perhaps there is still legal jeopardy for discharging a firearm other than in self-defense, but I would not expect more than that. This wasn't a case of shooting a threatening animal, but rather an animal actively attacking.

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    Accomplished Advocate color of law's Avatar
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    955.28 Dog may be killed for certain acts - owner liable for damages.

    (A) Subject to divisions (A)(2) and (3) of section 955.261 of the Revised Code, a dog that is chasing or approaching in a menacing fashion or apparent attitude of attack, that attempts to bite or otherwise endanger, or that kills or injures a person or a dog that chases, threatens, harasses, injures, or kills livestock, poultry, other domestic animal, or other animal, that is the property of another person, except a cat or another dog, can be killed at the time of that chasing, threatening, harassment, approaching, attempt, killing, or injury.

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    i'm visiting from the michigan forum to clarify firearm preemption in local parks (for my dad who noticed a sign banning firearms in his local park). local units of government are preempted from banning firearms in ohio, correct? if so, can someone give a link to the pertinent ohio statute? thanks.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by smellslikemichigan View Post
    i'm visiting from the michigan forum to clarify firearm preemption in local parks (for my dad who noticed a sign banning firearms in his local park). local units of government are preempted from banning firearms in ohio, correct? if so, can someone give a link to the pertinent ohio statute? thanks.
    Ohio Supreme Court made it clear.

    Cleveland v. State
    http://www.sconet.state.oh.us/rod/do...-ohio-6318.pdf

    Ohioans for Concealed Carry, Inc. v. Clyde
    https://www.supremecourtofohio.gov/r...-Ohio-4605.pdf

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    The City of Cleveland vs State of Ohio case was an affirmation of this statute:

    9.68 Right to bear arms - challenge to law.

    (A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

    (B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

    (C) As used in this section:

    (1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person’s person or concealed ready at hand, of firearms, their components, or their ammunition.

    (2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code.

    (D) This section does not apply to either of the following:

    (1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;

    (2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.

    Effective Date: 03-14-2007
    http://codes.ohio.gov/orc/gp9.68

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    Campaign Veteran smellslikemichigan's Avatar
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    thanks, buckeyes
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    Quote Originally Posted by whitewolf68 View Post
    WOW! I am surprised he was not charged as well. That was a bit extreme.
    As this is still considered a heavy agriculture state, the ability to take down predator animals is quite strong in Ohio, which extends to viscious dogs most of the time. You have a lot of leeway, unlike a lot of other states.

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