Canton removes firearms from list of park prohibitions, complies with state law

The Canton Park Commission removed firearms from its list of prohibitions in city parks after a local resident pointed out that the city ordinance violated state law.

The commission on Oct. 22 voted to update its "Park Rules." Under Ordinance 539.02(a), "Explosives and weapons," the rule now reads as follows:

1. It is unlawful to possess slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound, or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors.

Resident Daniel Gates had brought the issue to director Doug Foltz' attention, according to a Canton Repository story. Foltz said eliminating the firearms prohibition brings the city into compliance with state law — a law he says he had been unaware of until Gates brought it to his attention.

We get it. We've seen it before and have helped local residents bring other towns into compliance. Here a few examples:

• North Canton removes illegal 'No Firearms' sign in Price Park after complaint
• University Heights removes no-gun signs from public park
• Marysville eliminates city ordinance against guns in parks
• New Philadelphia reverses park gun ban
• Toledo removes illegal gun signs in parks
• Miami Township lifts gun ban in parks

Related article: Do you have to obey no-gun signs in Ohio public parks or fairgrounds?

Over the years, cities have grudgingly removed their no-guns signs, but some remain.

Most small and medium-size cities, even those that lean left politically, prefer to abide by the law and avoid litigation, so they are generally willing to modify their ordinances when you clearly and politely point out discrepancies.

Many cities have refused to recognize state law, even after "preemption" was passed in 2007 to override city home rule on firearms laws. The issue ultimately ended with the Ohio Supreme Court, which ruled in 2008 that it is unconstitutional to ban firearms in public parks.

It isn't only parks either. Some cities have other local gun laws that are in violation of Ohio's preemption laws. In December 2022, Upper Arlington Council realized its local laws were problematic and updated them to comply.

Still other cities, such as Columbus and Cincinnati, fight Ohio's preemption laws and must be sued to force them into compliance

This is why it is necessary to pay attention to local races. Next year will be a hyperlocal election year in which councils, school boards, and township trustees are elected. Make it a priority to know where local candidates stand on defending your Second Amendment rights — and all rights.