Metro Park Carry

smellslikemichigan · Mar 18, 2012

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.

color of law · Mar 18, 2012

smellslikemichigan said:
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/docs/pdf/0/2010/2010-ohio-6318.pdf

Ohioans for Concealed Carry, Inc. v. Clyde
https://www.supremecourtofohio.gov/rod/docs/pdf/0/2008/2008-Ohio-4605.pdf

RT48 · Mar 19, 2012

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

smellslikemichigan · Mar 20, 2012

thanks, buckeyes

GhostOfJefferson · Mar 20, 2012

whitewolf68 said:
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.

JSlack7851 · Mar 29, 2012

color of law said:
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.

Plus with the owner liable for damages, you can, not only collect for vet bills, but the price of the bullets too!

joets185 · Jan 15, 2014

color of law said:
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.

So would I be correct in understanding that the attacking dog in this case could not legally be shot by the owner of the dog being attacked because the statute specifically excludes the protection of " a cat or another dog"?

pirateguy191 · Jan 15, 2014

joets185 said:
So would I be correct in understanding that the attacking dog in this case could not legally be shot by the owner of the dog being attacked because the statute specifically excludes the protection of " a cat or another dog"?

You can not legally shoot a dog for attacking your dog or cat.

joets185 · Jan 15, 2014

pirateguy191 said:
You can not legally shoot a dog for attacking your dog or cat.

That is the way I read it too. It "seemed" that the emphasis in the quotation of the statute was indicating otherwise. perhaps emphasis should have been placed on the "other than a cat or another dog" section as well.

color of law · Jan 15, 2014

joets185 said:
That is the way I read it too. It "seemed" that the emphasis in the quotation of the statute was indicating otherwise. perhaps emphasis should have been placed on the "other than a cat or another dog" section as well.

Was not attempting to indicate anything other than a dog has to be chasing or approaching in a menacing fashion or apparent attitude of attack. That being a dog attack upon persons or domestic animal, other than another dog or cat. The emphasis on attack.

Chuck! · Jan 15, 2014

If you are breaking up a dog fight and one of the dogs tries to attack you, you can shoot it then,
But you can't shoot it for attacking your dog

joets185 · Jan 16, 2014

color of law said:
Was not attempting to indicate anything other than a dog has to be chasing or approaching in a menacing fashion or apparent attitude of attack. That being a dog attack upon persons or domestic animal, other than another dog or cat. The emphasis on attack.

COL, I understand and was not intending to appear critical of your emphasis. I was merely thinking that I would have understood better if the additional emphasis had been included. Thanks for the info and sharing your insight!

color of law · Jan 16, 2014

joets185 said:
COL, I understand and was not intending to appear critical of your emphasis. I was merely thinking that I would have understood better if the additional emphasis had been included. Thanks for the info and sharing your insight!

Thank you for your clarification and understanding. I can now end my hours of Googling for a website that would anonymously deal with some of my issues.

joets185 · Jan 16, 2014

color of law said:
Thank you for your clarification and understanding. I can now end my hours of Googling for a website that would anonymously deal with some of my issues.

I would certainly not want to have that on my conscience.

MyWifeSaidYes · Jan 20, 2014

If I am walking my kids down the street and a bad guy pulls a gun and points it at me, I can shoot him.

I do not have to guess if he is going to shoot me, my kids or even if he is going to shoot. I do not have to stop and ask him his intentions or if his firearm is loaded.

In the same fashion...

If I am walking my dog down the street and a bad dog starts barking, snarling and approaching me at a run, I can shoot it.

I do not have to guess whether it is going to attack me or my dog BECAUSE it was "approaching in a menacing fashion or apparent attitude of attack". I do NOT have to wait to be bitten.

3FULLMAGS+1 · Jan 29, 2014

What MWSY said.....Hell with the law. If my pooch is gett'in torn to shreads, that other dogs gonna D I E !!! I live back in on 12 1/2 acres (strip mine) and most people driving by don't even know someone lives back here. I've got large dogs passing through MY woods all the time from who knows were. Some have come after me. Now I've got two young boys who play in those woods a lot ( don't let them wonder to far back in though). Now I'm not against those who own dogs (I own one), even breeds that are known to be mean, but damn, keep them on their own property. A dog that even looks like a threat, that crosses MY property, well, SO LONG POOCH! I've got know problem with thinning the heard.

Didn't mean to get off topic here and start ranting.

MyWifeSaidYes · Jan 30, 2014

3FULLMAGS+1 said:
What MWSY said.....Hell with the law. If my pooch is gett'in torn to shreads, that other dogs gonna D I E !!! I live back in on 12 1/2 acres (strip mine) and most people driving by don't even know someone lives back here. I've got large dogs passing through MY woods all the time from who knows were. Some have come after me. Now I've got two young boys who play in those woods a lot ( don't let them wonder to far back in though). Now I'm not against those who own dogs (I own one), even breeds that are known to be mean, but damn, keep them on their own property. A dog that even looks like a threat, that crosses MY property, well, SO LONG POOCH! I've got know problem with thinning the heard.

Didn't mean to get off topic here and start ranting.

I never said to hell with the law. I just choose to follow the "approaching in a menacing fashion or apparent attitude of attack" clause in the law.

Once an attacking dog has attacked MY dog, it is against the law, as written, to kill the attacking dog. The dog would have to stop attacking my dog and attack my pet chicken (or me) before I could kill it.

Of course, in order to be fair, a police officer CAN kill any dog that attacks a police dog.

Wait, I'm getting confused.

A police officer can defend his police dog, but I can't defend MY dog...but if I am taking my pet goldfish for a walk, I CAN defend him...or her...I can't really tell.

Yeah. That sounds fair.

3FULLMAGS+1 · Jan 30, 2014

Ya, I didn't mean to say YOU said or meant that MWSY,.....just agreeing w/ your post in general. I realized it could be taken that way AFTER I posted it.

If you intervene in the fight then you could say (probably) that the dog was attacking you (possibly) in doing so, which would then make it a good shoot(leaving out the probably's/possibly's in the courtroom if it went that far)

As for the pet chicken or goldfish, just how often DO you take them for a walk in the park? if you don't mind me say'in, I think you have issues!!!

LOL

SteveInCO · Jan 30, 2014

I am not terribly surprised that livestock has better legal protection against the neighbor's pooch than yours does. It's similar in Colorado.

I too have a crappy neighbor who lets her dogs run all over the place (and these are 40 acre parcels we are talking about here); one likes to come into my "inner" fenced area (I have that to keep the cattle from tearing off my siding and trim when they want to scratch) and take dumps only a few feet from my front door. (Yes this dog walks a quarter of a mile to leave "presents" not just on my land but in my front yard!)

JustaShooter · Jan 30, 2014

3FULLMAGS+1 said:
if you don't mind me say'in, I think you have issues!!! LOL

You must be new around here if you are just now figuring out MWSY has "issues" lol

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