Damn...I was once proud to say I was from this great town...Cincinnati Municipal Code
Sec. 708-37. - Possession or Sale of Semiautomatic Firearms Prohibited.
No person shall sell, deliver, rent, lease, offer, or display for sale, or transfer ownership of, acquire or possess a semiautomatic firearm.
No person shall sell, deliver, rent, lease, offer or display for sale, or transfer ownership of, acquire or possess any detachable magazine with the following capacities:
More than ten rifle or carbine rounds;
More than five shotgun rounds;
More than 15 handgun rounds.
This section does not apply to any detachable magazine purchased or acquired for use with semiautomatic firearms registered pursuant to division (e)(3) of this section.
No person shall sell, deliver, rent, lease, offer or display for sale, or transfer ownership of, acquire or possess any extension tube, drum, cylinder, or magazine capable of increasing the capacity of a fixed or detachable magazine.
This section does not apply to law enforcement officers, agents, or employees of this or any other state or the United States, members of the Armed Forces of the United States or the organized militia of this or any other state, if the acquisition or possession of a semiautomatic firearm is authorized and within the scope of his official duties.
Any person who is legally in possession of a semiautomatic firearm that was legally purchased or acquired before April 1, 1989, shall within 30 days from the effective date hereof:
Remove said semiautomatic firearm from within the city limits of Cincinnati; or
Modify said semiautomatic firearm to either render it permanently inoperable or to permanently make it a device no longer defined as a semiautomatic firearm; or
Register the firearm with the chief of police pursuant to such procedures as the city manager may establish.
The registration shall contain a description of the firearm including all identification marks, the full name, address, date of birth and such other information as the city manager may deem appropriate. The information will be provided on forms prescribed by the city manager.
Any change of address of the owner must be registered with the chief of police within 14 days of the change.
The city manager may establish a fee for registration not to exceed the actual processing costs of the city.
No semiautomatic firearm possessed pursuant to division (e)(3) above may be sold or transferred after the effective date of this section to anyone within the City of Cincinnati.
Any person who obtains title to a semiautomatic firearm by bequest or intestate succession must within 90 days comply with the requirements of division (e) of this section.
The term "semiautomatic" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge and ready to fire, with a single function of the trigger.
For the purpose of this section, "semiautomatic firearm" shall have the following meanings:
Any semiautomatic rifle or carbine that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than ten rounds;
Any semiautomatic shotgun that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than five rounds;
Any semiautomatic handgun that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than 15 rounds;
Any semiautomatic handgun that is a modification of a rifle, carbine, or shotgun as described in (1) and (2) above;
Any firearm which may be readily restored to an operable semiautomatic firearm, as defined in (1) through (4) above;
Any part, or combination of parts, designed or intended to convert a weapon into a semiautomatic firearm, as defined in (1) through (4) above or any combination of parts from which a semiautomatic firearm may be readily assembled.
Rifles or carbines which fire .22 caliber rimfire ammunition and have fixed, tubular magazines are exempt from this section.
Any person who violates any provision of this section guilty of a misdemeanor of the first degree.
(C.M.C. 708-37; ordained by Ord. No. 380-1989, eff. Sept. 27, 1989)
The attorney for Vandalia (Gerald McDonald) issued a letter to police chief Douglas Knight discussing issues relating to the open carrying and the concealed carrying of handguns.
For the most part the above law is specific to concealed carry. In other words, while a person may be prohibited from carrying a concealed weapon in a public building under 2923.126(8) (9), he would not necessarily be prohibited from having an open weapon in a public building. However, some sections of Chapter 2923 apply to open carry as well as concealed carry weapons. For example, R.C.. 2923.126(C) allows private employers and landowner to prohibit persons ~from carrying firearms or concealed firearms~ on private land by posting a sign. (Subject to certain exceptions.) Likewise, 2923.123 makes it illegal to have a firearm in a courthouse, or in another building or structure in which a courtroom is located. (Based on this, it appears that one cannot carry a firearm, either concealed or open, into the Vandalia Justice Center).
While a private property owner can post a sign that prohibits that person from carrying such firearm on the private land, and the State can prohibit firearms in certain area, a City cannot prohibit open carry firearms on its property (public property).
In the 2006 case of Ohioans for Concealed Carry, Inc. v. City of Clyde, 120 Ohio SI. 3d 96 the court looked at a municipality's ability to regulate handgun possession on its own property by persons possessing a valid permit to carry a concealed handgun. In 2004, the city of Clyde passed and ordinance that prohibited handguns in it parks, irrespective of whether such person has been issued a license to carry a concealed handgun pursuant to Ohio R. C. 2923.125. Ohioans for Concealed Carry, Inc. filed a law suit to strike down the ordinance and had some success in the lower courts. While the case was making its way through the courts, however, the General Assembly enacted R.C. 9.68, which emphasized the "fundamental individual right to keep and bear arms" and expressed the legislature's further desire to provide uniform laws throughout the state regulating the ownership and possession of firearms. R.C. 9.68(A) also provides that except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, may possess or keep any firearm. As pointed out by the State Supreme Court in the Clyde case, "the General Assembly, by enacting R.C. 9.68(A) , gave persons in Ohio the right to carry a handgun unless federal or state law prohibits them from doing so. A municipal ordinance cannot infringe on that broad statutory right.
Thus, it is pretty well established that a local municipality cannot enact an ordinance that prohibits the open carry of weapons in public places. However, the state can impose laws restricting the open carry. In addition to the state law authorizing private parties to post no carry signs and prohibit firearms on private property, and the prohibition against firearms in buildings with courts, the state has also regulated possession of firearms in other specific places. For example, R.C. 1547.69 (vessels), RC. 2921.36 (detention and mental health facilities), RC. 2923.121 (liquor establishments), and RC. 2923.122 (school zones).
Unless the state has specifically prohibited a person from having a firearm in a particular place, that person may openly carry a weapon. If the State has indicated that a person may not have a concealed weapon in a given area, then that person cannot have the weapon concealed, but presumably can carry the weapon openly.
You beat me to the punch. Glad to see my fellow Buckeyes can do what we can't here in Denver City/County. We're fighting for our preemption, hopefully we win it.Those Cincinnati ordinances are null and void. We have state preemption here in Ohio.
You beat me to the punch. Glad to see my fellow Buckeyes can do what we can't here in Denver City/County. We're fighting for our preemption, hopefully we win it.