ngardiner09
New member
i live in massillon which is located in stark county in ohio and i was told that i was not aloud to open carry in my city due to City Ordinance can city ordinance override my 2nd amendment
No cities can make their own gun laws.
16. City of Cleveland v State of Ohio
III. Conclusion
{¶ 35} R.C. 9.68 addresses the General Assembly’s concern that absent a uniform law throughout the state, law abiding gun owners would face a confusing patchwork of licensing requirements, possession restrictions, and criminal penalties as they travel from one jurisdiction to another. We hold that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.
i live in massillon which is located in stark county in ohio and i was told that i was not aloud to open carry in my city due to City Ordinance can city ordinance override my 2nd amendment
549.12 CARRYING WEAPONS.
(a) No person shall carry on or about his person a pistol, a knife having a blade two and one-half inches in length or longer, knuckles, a billy or other dangerous weapon. However, upon the trial of this charge, the defendant shall be acquitted if it appears that he was at the time engaged in a lawful business, calling, employment or occupation, and that the circumstances in which he was placed justified a prudent man in possessing such a weapon for the defense of his person or family.
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
I assume you know that your own fair city has many such ordinances which are not being enforced. Have you gotten them off the books? Have you appeared before city council to complain? No?I guess some people are downright lazy.
http://www.conwaygreene.com/Massillon/lpext.dll?f=templates&fn=main-h.htm&2.0
Good point. I guess I need to get used to asking stuff like that. I'm accustomed to discussing stuff with people who have CHLs, where issues of age and criminal history are moot.Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.
You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.
RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
Sorry it was a poor choice of words.Originally Posted by Werz
You correctly cited Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318; however, your initial assertion is not accurate. Justice Lundberg-Stratton was careful to use the word "displaces" instead of "invalidates." If you carefully put an object into a full glass of water, it will displace only as much as it's own volume. RC 9.68 invalidates municipal ordinances only on the subject matters it covers, and if you read it closely, it does not cover the use and discharge of firearms. That's why it's an extremely bad idea to tell people that municipalities cannot enact any gun laws; they may get arrested and very probably convicted.
RC 9.68 covers: "own[ing], possess[ing], purchas[ing], sell[ing], transfer[ring], transport[ing], stor[ing], or keep[ing] any firearm, part of a firearm, its components, and its ammunition." That's a lot, but it's not everything.
Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.
Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.
Ngardiner09 it is very important that you come back and fill in the blanks with regards to the questions that others on this thread asked. Also, allow me to ask one that nobody brought up yet: How old are you? That definitely affects the answers you are looking for as well.
Further, I suggest you read up in these forums, specifically the Ohio section. Also go to the Ohio Attorney General's website and do the same.
If I had known the OP was still active, I would have stopped in to Massillon city hall yesterday on my way to Youngstown.