Lakewood, City of

[djthomas]

Lakewood has many hostile ordinances and requires registration. CCW statutes have not been updated since at least 1997 and have no acknowledgment of lawful concealed carry. Information has been received that the city believes that Open Carry in illegal statewide. Does anybody know of any improperly posted buildings (such as in Lakewood Park)?

549.02 Carrying concealed weapons.
549.03 Using weapons while intoxicated.
549.04 Improperly handling firearms in a motor vehicle.
549.05 Sale, possession and use of dangerous toys.
549.051 Sale, possession and use of stun guns.
549.06 Failure to secure dangerous ordnance.
549.07 Unlawful transactions in weapons.
549.08 Improperly furnishing firearms to a minor.
549.09 Sale of explosives to minors. (Repealed)
549.10 Fireworks.
549.11 Fireworks display permits. (Repealed)
549.12 Discharging firearms.
549.121 Possessing replica firearm in school.
549.13 License to sell weapons. (Repealed)
549.14 License application. (Repealed)
549.15 Sales report. (Repealed)
549.16 License revocation. (Repealed)
549.17 Permit to purchase weapons; application. (Repealed)
549.18 Issuance of permit. (Repealed)
549.19 Pocket knives.
549.20 Shipment and display of fireworks.
549.21 Weapons dealer’s license.
549.22 Application for weapons license.
549.23 Business and security regulations.
549.24 Weapons dealer’s license revocation.
549.25 Registration of handguns.
549.26 Domestic relations abuse prevention; weapons surrender.
549.27 Failure to secure weapons; minors and incompetent persons.
549.28 Stolen or lost handguns; reports.
549.29 Weapons confiscated.
549.98 Exemptions.

[gmhiggins]

Huuuuuuge necro, but 549.21 Weapons dealer’s license. was attempted to be enforced today at the Lakewood gun buyback. I was threatened with arrest under this law for attempting to purchase firearms without a license.

[djthomas]

Huuuuuuge necro, but 549.21 Weapons dealer’s license. was attempted to be enforced today at the Lakewood gun buyback. I was threatened with arrest under this law for attempting to purchase firearms without a license.

Interesting ... not that it it's even valid under 9.68 but it only purports to cover the sellers, which you were not.

[gmhiggins]

Huuuuuuge necro, but 549.21 Weapons dealer’s license. was attempted to be enforced today at the Lakewood gun buyback. I was threatened with arrest under this law for attempting to purchase firearms without a license.

Interesting ... not that it it's even valid under 9.68 but it only purports to cover the sellers, which you were not.

It was a Sergeant too. The second law was a building code violation, that he wouldn't give me the law number.
Evidently to hold a sign and purchase firearms in Lakewood, you need a total of two permits.

[jburtonpdx]

Huuuuuuge necro, but 549.21 Weapons dealer’s license. was attempted to be enforced today at the Lakewood gun buyback. I was threatened with arrest under this law for attempting to purchase firearms without a license.

Interesting ... not that it it's even valid under 9.68 but it only purports to cover the sellers, which you were not.

It was a Sergeant too. The second law was a building code violation, that he wouldn't give me the law number.
Evidently to hold a sign and purchase firearms in Lakewood, you need a total of two permits.

Wow, sounds like a formal written complaint needs to be made...

Did he detain you, take your sign from you, any other details?

[rmalehorn]

The former Chief of Lakewood works with me. He know I have a CHL, I might engage him in casual conversation about any Lakewood laws I may be breaking daily.

[MyWifeSaidYes]

Zombie thread - might still have some life in it.

[Pecker]

Zombie thread - might still have some life in it.

Yes, I decided to email my city councilman and copied the law director for Lakewood. Have yet to hear a reply. Yesterday I copied the message to the entire city council, still no reply.

Here is the text of what I sent.

Greetings, my name is Pecker and I am a resident of Lakewood. I am writing both my city councilman and copying the Law Director in order to bring attention to a conflict in the existing city ordinances of Lakewood with the Ohio revised code.

Specifically the following sections, although others in the 549 series may also be void.

549.02 Carrying concealed weapons.
549.04 Improperly handling firearms in a motor vehicle.
549.27 Failure to secure weapons; minors and incompetent persons.


From my research and reading of Ohio Supreme Court case law, Ohio revised code 9.68 supersedes all of these ordinances and makes them null and void. The 2010 ruling in City of Cleveland vs State of Ohio was clear in that ORC 9.68 "is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home-rule authority."

As a law abiding citizen with a valid concealed handgun license issued by Cuyahoga county, these existing ordinances make me very nervous. If I were to somehow be arrested and charged under one of these ordinances I would have to spend valuable money to defend myself against laws that are null and void.

If that is the case, why do we have them on the books? As 9.68 is written, any plaintiff who challenges these laws is entitled to reimbursement of their legal fees. Does it make sense to open up the city of Lakewood to these costs if all we have to do as a city is remove these codes from our ordinances?

I look forward to your reply and the quick removal of these null and void laws.

Thanks

[Pecker]

I received a reply from one councilwoman who pretty much dismissed me as saying the city has more pressing issues to address.