Concealed weapon ban in parks not enforceable
June 12, 2004
Toledo Blade
Communities that ban people from carrying concealed weapons in parks despite a new state law have misfired, according to state officials.
Such local policies conflict with the state's concealed-carry law and are not valid. Their enforcement could be challenged in the courts, said Kim Norris a spokesman for Ohio Attorney General Jim Petro. "If you are a licensed concealed-carry holder, you should be allowed to carry in a park," she said.
Toledo officials, however, believe the state's guidance does not apply to the city's decision to prohibit guns in its 144 parks.
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Toledo relies on its home-rule authority for the power to regulate activities that take place in city parks, rather than specific ordinances with criminal penalties banning the weapons, said Barb Herring, city law director. That's an important distinction, she said. "It is simply our right to control our own property through regulation," she said.
Bob Beasley, another spokesman for the attorney general, said Toledo's strategy remains one that could be fair game for review by the court system. "It's still the same answer. The courts would still have to decide either way you look at it," he said.
The state's concealed-carry law took effect April 8, allowing sheriffs to license individuals to carry a concealed handgun. It bans concealed handguns from churches, schools, and government buildings.
At least three communities have enacted bans on concealed weapons in their parks: Clyde, Elyria, and Arcanum. Clyde, a city of 6,000 in Sandusky County, passed its law in May, but it is not yet enforceable because no signs have been posted, police Chief Bruce Gower said. He said the town plans to make a court filing to support the ordinance.
Bruce Beatty, 48, of Luckey said he intends to urge a repeal of the ordinance in Arcanum, his former home about 30 miles northwest of Dayton, when its Village Council meets June 22. If that doesn't happen, he plans to walk through a park with a concealed weapon.
"They don't have a leg to stand on," Mr. Beatty said. "I'm willing to risk arrest for this because I know I'm right."
In Toledo Area Metroparks, guns are banned in public buildings including restrooms and shelters but allowed in the parks, spokesman Scott Carpenter said. "Our understanding is that we can't usurp the state law," he said.
Nonetheless, metroparks officials think the legislature should amend the law to allow park districts to decide for themselves whether to allow concealed handguns.
Last month state Sen. Ray Miller (D., Columbus) introduced a bill to let local communities ban the carrying of concealed weapons in parks and recreation areas. Hearings on that bill have yet to be scheduled.
Commentary:
We've been telling them the Blade and everyone else in Toledo that their bans were illegal and unenforceable for months.
Citizens in these cities should be appalled at these officials' actions which are not only illegal and unethical, but which will likely result in costing taxpayers a great deal of money in legal bills.
Had Ohio citizens acted as these city officials are, they would have begun to carry concealed firearms when HB12, HB274, or even earlier bills were introduced, instead of waiting until they were passed into law. This behavior is disgraceful.
UPDATE! Coverage of this story also came in the Dayton Daily News:
June 10, 2004
Gun law changes sought
Local governments would get say on concealed weapons
Two state lawmakers want to amend Ohio's new concealed-carry law to give local governments control of where licensed holders may carry their weapons.
Sen. Ray Miller, D-Columbus, and state Rep. Tyrone Yates, D-Cincinnati, in early May submitted bills to give local governments authority to ban the carrying of concealed handguns in public parks, swimming pools, sports fields, golf courses, cemeteries and parking lots through ordinances or resolutions.
The concealed-carry law, which took effect April 8, prohibits local governments from enacting such bans. The law does allow private businesses to ban concealed handguns from their property.
Yates said the amendments will get likely through committee in the fall "because the original bill was passed by an articulate minority . . . that does not reflect the broad opinion of Ohioans."
The Darke County village of Arcanum has already passed an ordinance similar to what Yates and Miller are pushing, contrary to state law. That has upset Wood County resident Bruce Beatty, who has asked the village to repeal the ordinance. Beatty, a former lobbyist for the concealed-carry law, plans to challenge the village to arrest him if they don't repeal the ordinance. "I'm going to call their bluff," he said.
Arcanum police Chief Dan Light said officers will treat a violation of the ordinance — a misdemeanor — as a secondary violation to an initial crime, such as disorderly conduct, and refer it to the village solicitor.
He said he's more concerned about a "gray area" in the new law regarding whether a licensed carrier may carry through a school safety zone. Ohio law prohibits weapons within 1,000 feet of a school boundary, but the new law exempts licensed carriers.
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Officials with state Attorney General Jim Petro's office Wednesday still were looking into the issue.
Meantime, the Ohioans for Concealed Carry on Wednesday contacted Shelby County officials, alleging the sheriff committed 87 fifth-degree felonies for releasing to a newspaper the addresses of individuals who have been issued a concealed-carry license.
Ohio law allows for the disclosure of "the name, county of residence and date of birth" of concealed-carry license holders to the media. It states that violators are guilty of "a felony of the fifth degree," and may "be subject to a civil fine of one thousand dollars" as well as a "private cause of action."
Shelby County Prosecutor Jim Stevenson said Wednesday he is talking with a representative of the OCC to determine what happened. He said there's been no legal action.
"It all depends on your interpretation of that language," he said. "It's a brand new statute. There's going to be a lot of review of it."
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