Metro Park Carry

[whitewolf68]

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

 

[RT48]

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.

 

[RCall]

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.

 

[whitewolf68]

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.

 

[ghost913]

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

 

[RT48]

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

Yes, completely legal in both.

 

[ghost913]

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

 

[whitewolf68]

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

You know in Toledo ANYTHING is possible. LMAO

 

[GhostOfJefferson]

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".

 

[whitewolf68]

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.

 

[Deanimator]

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.

 

[whitewolf68]

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. :lol:

 

[RT48]

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/sections/newsarticle.html?feed=122520&article=4813737

 

[pirateguy191]

And then there are incidents like this:



http://www.wtam.com/cc-common/news/sections/newsarticle.html?feed=122520&article=4813737

I'm surprised the shooter wasn't charged. No where in the article did it say that the shooter was being attacked.

 

[whitewolf68]

And then there are incidents like this:

http://www.wtam.com/cc-common/news/sections/newsarticle.html?feed=122520&article=4813737

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

 

[deepdiver]

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

 

[RT48]

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.

 

[notsospeedy]

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/sections/newsarticle.html?feed=122520&article=4813737[/QUOTE]

 

[deepdiver]

: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.

 

[color of law]

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.