Fremont News Messenger applauds passage of illegal ordinance

June 4, 2004
Fremont News Messenger

Clyde's ban on guns in parks is right on target

Clyde City Council members as the people's representatives in a charter-form of government took advantage of an opportunity to protect residents -- one that most other cities might not have at this stage.

Clyde Council and the city's administration boldly decided to ban concealed weapons in the city's parks despite the possible threat of legal challenges to that decision.

It's a common sense step that most cities would like to follow, but apparently cannot at this time.

The new concealed carry law gives communities the right to ban weapons in public buildings, but does not provide for such a ban in city parks or fairgrounds.

That issue seems destined for court fights unless the legislature moves to change the situation.

However, Clyde, as a charter government can exercise its home rule power. The city can pass laws that are more restrictive than the general laws of the state but cannot ease restrictions set forth by state law.

Clyde officials wisely chose to take the step to toughen the law.

Click on the "Read More..." link below for more.

As a result, anyone found carrying a deadly weapon in one of Clyde's six city parks could actually find themselves in jail.

Anyone caught by police violating the ordinance will be charged with "possession of a dangerous weapon in a park," a first-degree misdemeanor and could carry a sentence of up to six months in jail or $1,000 in fines.

Signs were to be posted at all six of the city's parks reminding visitors that weapons are prohibited on the property.

The tougher approach makes sense, and Clyde officials are to be congratulated for not waiting for someone else to act.

Weapons in public parks are simply invitations to disaster. Competitive events and the mix of groups and ages often create situations in which emotions can boil over. There's no reason to invite tragedy by allowing weapons in parks.

Let's hope the rest of the state is as smart as the public officials in Clyde.

Commentary:
Once again an Ohio newspaper seeks to propel the myth that it is "common sense" to prohibit people the ability to defend themselves from violent attack on secluded jogging lanes, wooded hiking trails, or inner-city parks. There is NO proof of any kind from across the nation that CHL-holders cause problems in city parks. OFCC believes it is incumbent upon anti-gun mayors and legislators to find evidence that there is reason to reform the law. It is incumbent upon those who would support such a bill to offer proof that concealed handgun license-holders are causing problems in other states' city parks. It is their turn to prove there is a problem which needs fixing, and neither the Fremont News Messenger nor the City of Clyde even tried.

OFCC's Office of General Counsel is in agreement with the position of the Attorney General of the State of Ohio, the Ohio General Assembly, and even anti-gun legislators who have introduced legislation to make legal what the City of Clyde has clearly done illegally:

It makes no difference if a city is charter or statutory. It is not a home rule issue, it is a conflicts of law issue. And in such a conflict, as AG Petro puts it, "local ordinances can't override state law."

There is currently a bill pending in the
General Assembly, with the explicit intent to give the power to ban concealed handguns back to municipalities. ONLY if this piece of legislation (HB496) did pass, would the City of Clyde and other cities have the authority to attempt to ban concealed carry in their parks.

The introductory statement on this
legislation, and the attributed comments of the bill’s author, are that it is necessary because municipalities do not have the power, under current law, to ban concealed carry.

At this time, the unavoidable conclusion is that the City of Clyde, and other cities with similar ordinances, are contrary to Section 9 of House Bill 12 and therefore
unenforceable.

The City Manager of Clyde is Daniel E. Weaver, his email is [email protected]. The City Administrative
Secretary is Sharon Smith, [email protected].

Why are public officials in Clyde, and certain other Ohio cities, insisting on a public policy which they have no evidence is necessary, and which is likely to cost the taxpayers a great deal of money in legal expenses?

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