OFCC's battle against Section 9 violators gains momentum

June 9, 2004
Dayton Daily News

Arcanum gun ban challenged
State law says OK, village says no

The village of Arcanum has banned concealed handguns from its village land and parks, despite a new state law that allows a person with the proper license to carry a gun.

The Ohio attorney general's staff questions the ordinance, which is among the first of its kind in the state.

At the heart of the dispute is whether local governments can approve ordinances that reverse state laws. In particular, can local municipalities ban concealed guns from public parks and other public land.

In this case, the attorney general's staff says no — Ohio residents with a license can carry a concealed weapon in public places not specifically prohibited by the state law.

"In current law, you can carry in a park," said Kim Norris, a spokeswoman with the office of state Attorney General Jim Petro.

Norris said the new law "contains a provision that specifically prevents local ordinances from impacting the law. We'll defend the state law. The courts would be the final decider of the issue if challenged."

Village officials, who did not explain why they adopted their gun ban, argue that the Arcanum ordinance mirrors the new state law.

"This will be an ongoing debate," Eric Brand, village solicitor said. "Ultimately, it is something the courts will have to settle."

The Ohio concealed-carry law identifies places where guns are forbidden, including buildings owned by the state or any political subdivisions — counties, cities and the like. However, only physical structures and portions of buildings leased by governments, and not grounds or premises, are off limits, Norris said. Private businesses can ban concealed weapons from their property.

Communities in northern Ohio also are seeing challenges to the new law.

In Toledo in Lucas County, gun advocates recently went head to head with officials after that city proposed a ban on carrying concealed guns in public parks, bicycle paths, recreational areas and public transportation systems. However, Petro's staff told state Sen. Randy Gardner, R-Bowling Green, those weapons couldn't be banned from the places on Toledo's list.

And in Fremont in Sandusky County, officials this spring backed off creating an ordinance similar to Arcanum's after city Law Director Bob Hart advised against it.

"A city cannot enact an ordinance that is contrary to the general laws of the state of Ohio pertaining to the police powers," he said. "A lot of cities are relying on the home rule . . but I don't think that gives them carte blanche authority."

Ohioans for Concealed Carry added the Greene County Fairgrounds to what it calls its list of violators because officials in Xenia plan to post signs prohibiting concealed handguns on fairgrounds.

Carloyn Towner, a lobbyist for the Ohio Fair Managers Association, said that until now, she's been telling fair boards of Ohio's 88 counties that they can post signs prohibiting concealed weapons. However, after learning that the new law addresses only physical structures owned or leased by governments, Towner said she's re-evaluating and may seek the attorney general's advice.

"It does clearly say buildings and it doesn't say anything about the grounds," Towner said.