City of Cincinnati - Prepared

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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color of law
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City of Cincinnati - Prepared

Post by color of law »

Cincinnati ordinance. http://www.municode.com/resources/gatew ... 996&sid=35" onclick="window.open(this.href);return false;
Sec. 708-13. Form of Application To Transfer Firearms.
The city manager shall prescribe a form of application covering the purchase or transfer of firearms. Such form shall provide for the recording of the following facts:
(a) The name, address, and date of birth appearing on a state driver's license or state personal identification card of the transferee that is valid on its face and contains a photograph of the transferee, and a description of the identification card used;
(b) If the transferee is not personally known to the transferor, the name and address of the person by whom the transferee is identified;
(c) The purpose for which the transferee desires to use the firearm;
(d) An accurate description of the firearm, including the name of the manufacturer, model, caliber, and serial number;
(e) A description of the transferee, which shall include height, weight, age, color of hair, color of eyes, all visible marks and scars on face and hands, any deformity, nationality, and race.
There shall be printed on the face or the back of the application such extracts from the city ordinances and from the laws of the state of Ohio, including penalty provisions, as the city manager may deem desirable.
The city manager shall furnish sets of such application blanks through the chief of police.
(C.O. 718-10; a. Ord. No. 388-1970, eff. Dec. 16, 1970; renumbered to C.M.C. 708-13, eff. Jan. 1, 1972; repealed and reordained by Ord. No. 448-1988, eff. Nov. 16, 1988)
Sec. 708-37. Possession or Sale of Semiautomatic Firearms Prohibited.
(a) No person shall sell, deliver, rent, lease, offer, or display for sale, or transfer ownership of, acquire or possess a semiautomatic firearm.
(b) No person shall sell, deliver, rent, lease, offer or display for sale, or transfer ownership of, acquire or possess any detachable magazine with the following capacities:
(1) More than ten rifle or carbine rounds;
(2) More than five shotgun rounds;
(3) More than 15 handgun rounds.
This section does not apply to any detachable magazine purchased or acquired for use with semiautomatic firearms registered pursuant to division (e)(3) of this section.
(c) No person shall sell, deliver, rent, lease, offer or display for sale, or transfer ownership of, acquire or possess any extension tube, drum, cylinder, or magazine capable of increasing the capacity of a fixed or detachable magazine.
(d) This section does not apply to law enforcement officers, agents, or employees of this or any other state or the United States, members of the Armed Forces of the United States or the organized militia of this or any other state, if the acquisition or possession of a semiautomatic firearm is authorized and within the scope of his official duties.
(e) Any person who is legally in possession of a semiautomatic firearm that was legally purchased or acquired before April 1, 1989, shall within 30 days from the effective date hereof:
(1) Remove said semiautomatic firearm from within the city limits of Cincinnati; or
(2) Modify said semiautomatic firearm to either render it permanently inoperable or to permanently make it a device no longer defined as a semiautomatic firearm; or
(3) Register the firearm with the chief of police pursuant to such procedures as the city manager may establish.
The registration shall contain a description of the firearm including all identification marks, the full name, address, date of birth and such other information as the city manager may deem appropriate. The information will be provided on forms prescribed by the city manager.
Any change of address of the owner must be registered with the chief of police within 14 days of the change.
The city manager may establish a fee for registration not to exceed the actual processing costs of the city.
(f) No semiautomatic firearm possessed pursuant to division (e)(3) above may be sold or transferred after the effective date of this section to anyone within the City of Cincinnati.
(g) Any person who obtains title to a semiautomatic firearm by bequest or intestate succession must within 90 days comply with the requirements of division (e) of this section.
(h) The term "semiautomatic" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge and ready to fire, with a single function of the trigger.
(i) For the purpose of this section, "semiautomatic firearm" shall have the following meanings:
(1) Any semiautomatic rifle or carbine that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than ten rounds;
(2) Any semiautomatic shotgun that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than five rounds;
(3) Any semiautomatic handgun that was originally designed with or has a fixed magazine or detachable magazine with a capacity of more than 15 rounds;
(4) Any semiautomatic handgun that is a modification of a rifle, carbine, or shotgun as described in (1) and (2) above;
(5) Any firearm which may be readily restored to an operable semiautomatic firearm, as defined in (1) through (4) above;
(6) Any part, or combination of parts, designed or intended to convert a weapon into a semiautomatic firearm, as defined in (1) through (4) above or any combination of parts from which a semiautomatic firearm may be readily assembled.
(j) Rifles or carbines which fire .22 caliber rimfire ammunition and have fixed, tubular magazines are exempt from this section.
Any person who violates any provision of this section guilty of a misdemeanor of the first degree.
(C.M.C. 708-37; ordained by Ord. No. 380-1989, eff. Sept. 27, 1989)
A letter to Cincinnati appears to be needed.
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djthomas
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Re: City of Cincinnati - Researching

Post by djthomas »

I split this topic off from "ORC 9.68 compliance vs noncompliance" since it is a complaint about a specific city.

Any chance you can hunt down the contact info (including fax numbers if possible) for the Mayor, City Manager, and Law Director, along with contact information (ideally email addresses) for the city council members?
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Re: City of Cincinnati - Researching

Post by color of law »

Counsel

Mayor Mark Mallory
801 Plum St. Rm 150
Cincinnati, OH 45202-1979
Phone: (513) 352-3250
Fax: (513) 352-5201
Email: mark.mallory@cincinnati-oh.gov

Vice Mayor David Crowley
801 Plum St. Rm 352
Cincinnati, OH 45202-1979
Phone: (513) 352-2453
Fax: (513) 352-2365
david.crowley@cincinnati-oh.gov

Y. Laketa Cole
801 Plum St. Rm 351
Cincinnati, OH 45202-1979
Phone: (513) 352-3466
Fax: (513) 352-3957
laketa.cole@cincinnati-oh.gov

Jeff Berding
801 Plum St. Rm 350
Cincinnati, OH 45202-1979
Phone: (513) 352-3283
Fax: (513) 352-3289
jeff.berding@cincinnati-oh.gov

Chris Bortz
801 Plum St. Rm 348
Cincinnati, OH 45202-1979
Phone: (513) 352-3255
Fax: (513) 3264
chris.bortz@cincinnati-oh.gov

John Cranley
801 Plum St. Rm 356
Cincinnati, OH 45202-1979
Phone: (513) 352-5303
Fax: (513) 352-4657
john.cranley@cincinnati-oh.gov

Leslie Ghiz
801 Plum St. Rm 354
Cincinnati, OH 45202-1979
Phone: (513) 352-3344
Fax: (513) 352-3277
leslie.ghiz@cincinnati-oh.gov

Chris Monzel
801 Plum St. Rm 346B
Cincinnati, OH 45202-1979
Phone: (513) 352-3653
Fax: (513) 352-4649
chris.monzel@cincinnati-oh.gov

Roxanne Qualls
801 Plum St. Rm 346A
Cincinnati, OH 45202-1979
Phone: (513) 352-3604
Fax: (513) 352-3621
roxanne.qualls@cincinnati-oh.gov

Cecil Thomas
801 Plum St. Rm 349
Cincinnati, OH 45202-1979
Phone: (513) 352-3499
Fax: (513) 352-3218
cecil.thomas@cincinnati-oh.gov


Office of the City Manager

Milton R. Dohoney, Jr.
801 Plum St. Rm 152
Cincinnati, OH 45202-1979
Phone: (513) 352-3243
Fax: (513) 352-6284
Email: citymanager@cincinnati-oh.gov

Patricia M. King
Interim City Solicitor
801 Plum Street, Room 214
Cincinnati, Ohio 45202
Phone 513-352-3334
Fax 513-352-1515
maxnobknee
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Re: City of Cincinnati - Prepared

Post by maxnobknee »

Rules covering parks:

http://www.municode.com/resources/gatew ... 996&sid=35" onclick="window.open(this.href);return false;

Rule 10. Weapons.
No person shall carry or discharge firearms, slings, bows, rockets, missiles, projectiles, explosives, volatile liquids, or other devices by which persons, animals, or birds may be injured or frightened, and no one shall throw stones or other dangerous missiles, devices and objects on park property.
(PR Rule 11; enacted by Resolution of Feb. 4, 1932; renumbered to Rule 10, Apr. 6, 1978)

Do a search on parks and you can find the RULES OF THE BOARD OF PARK COMMISSIONERS OF THE CITY OF CINCINNATI

I have been complaining, writing, calling since HB347 passed and they have been blowing me off. They know they are wrong and have a memo up on their website detailing the effect of HB347s becoming law. Go here and search the FYI memo section of the City Council site for HB347:

http://city-egov.cincinnati-oh.gov/Webt ... 0&w=NATIVE(%27DESCRIPTION+ph+words+%27%27hb+347%27%27%27" onclick="window.open(this.href);return false;)&order=native(%27memo_no%2FDescend%27)
"How can you reason with someone who thinks we’re on a glidepath to a police state and yet their solution is to grant the government a monopoly on force. Insanity."

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Re: City of Cincinnati - Prepared

Post by maxnobknee »

Here is a picture of BB62 in front of the Fountain Square park sign:

http://i296.photobucket.com/albums/mm17 ... G_2417.jpg
"How can you reason with someone who thinks we’re on a glidepath to a police state and yet their solution is to grant the government a monopoly on force. Insanity."

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Re: City of Cincinnati - Prepared

Post by Brian D. »

Update?
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: City of Cincinnati - Prepared

Post by FormerNavy »

Is there any update on this? Was a letter ever sent to the City of Cincinnati and was a response ever received?
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Re: City of Cincinnati - Prepared

Post by johnsoax »

Yes, any update? According to that memo, I currently have two guns that might fall into this. Or did the overturning of all rules happen after that court case?
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Re: City of Cincinnati - Prepared

Post by sigger »

Is there any updated on this? What does "prepared" mean?

From the Cincinnati Municipal Code:
http://library3.municode.com/default-te ... &doc_hit=1

Sec. 7. Emergency Orders.
The city manager, or the person assuming command as provided in Article XVIII, Section 6, may, as deemed by the person in command advisable in the interest of the public peace, health, safety or welfare and in regard to the specific area or areas of the city imperiled by the public danger or emergency or the city as a whole, make and enforce orders to do any or all of the following:
(a) Prohibit or limit the number of persons who may gather or congregate, or prescribe conditions under which such persons may gather or congregate, upon the public highways or public sidewalks or any outdoor place, or in any theater, restaurant, place of public assembly or commercial establishment to which the public has access.
(b) Restrict or prohibit movement within, above, or beneath the area or areas which, in the judgment of the person in command, are imperiled by the public danger or emergency.
(c) Suspend operations at municipal airports.
(d) Establish a curfew during such hours of the day or night as deemed advisable and prohibit persons from being out of doors during such curfew.
(e) Prohibit or restrict the retail sale, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than the gasoline tank properly affixed to a motor vehicle.
(f) Order the closing of gasoline stations and other establishments engaged in the retail sale, distribution or dispensing or giving away of liquid flammable or combustible products.
(g) Prohibit or restrict the sale, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever.
(h) Order the closing of any and all establishments or portions thereof engaged in the sale, distribution, dispensing or giving away of firearms and/or ammunition.

(i) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon including but not limited to firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items.
(j) Prohibit or restrict the retail sale, distribution, dispensing, or giving away of acids, caustics, or any chemicals or other substances capable of being used singly or in combination to cause injury or damage to persons or property.
(Ordained by Ord. No. 172-1968, eff. Apr. 17, 1968; a. Ord. No. 299-1979, eff. Aug. 4, 1979)

. . . and . . .

Sec. 10. Authorization of City Departments to Act.
The various departments, divisions of the city of Cincinnati and the personnel thereof are hereby authorized to exercise whatever powers and authority are necessary in order to carry out the orders of the mayor, the vice-mayor, or the city manager issued in time of public danger or emergency as set forth in this article.
(Ordained by Ord. No. 172-1968, eff. Apr. 17, 1968)

. . . and lastly . . .

Sec. 12. Unconstitutionality, Severability.
Should any section of this article or any part of any section be declared to be unconstitutional or invalid, such decision shall not affect the validity of other sections or any part thereof not so declared unconstitutional or invalid, and the remainder of this article shall remain in full force and effect as though the portion declared unconstitutional or invalid did not exist.
(Ordained by Ord. No. 172-1968, eff. Apr. 17, 1968)
We the people . . . do ordain and establish . . .
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Re: City of Cincinnati - Prepared

Post by charben »

There is no update as we are at an impasse. The position of the City of Cincinnati is that they will reserve the right to enforce their laws as they stand until the Supreme Court rules on Cleveland's case. I know, I know...9.68 is law. I get it.

However, unless someone has some money burning a hole in their pocket that inspires them to be a test case, I can not do anything else.
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Re: City of Cincinnati - Prepared

Post by pleasantguywhopacks »

charben wrote:There is no update as we are at an impasse. The position of the City of Cincinnati is that they will reserve the right to enforce their laws as they stand until the Supreme Court rules on Cleveland's case. I know, I know...9.68 is law. I get it.

However, unless someone has some money burning a hole in their pocket that inspires them to be a test case, I can not do anything else.
Well I carry there all the time. I carry two spare 16 round mags and I will not stop doing so. If I'm arrested then I will go to war with them in court.
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Re: City of Cincinnati - Prepared

Post by FormerNavy »

I sent the City an email in May 2009, in which they replied they would continue to enforce the ordinances. After the recent OSC decision, I sent them another email to which they have not replied to date. Is there going to be any official letter from OFCC to Cincinnati?
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Re: City of Cincinnati - Prepared

Post by charben »

I contacted the law director last yearband got the same response as FormerNavy did. I will call him again this week.
Chris

Crushing the First Amendment, one post at a time!

"If you walk out of your house carrying your gun (openly or otherwise) and you DO NOT fully understand the law, then you are NOT completely armed..."
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Re: City of Cincinnati - Prepared

Post by ziggy »

So, if I am within the city limits, and I have my CHL, I can no longer carry, own, use, look at...ect... my semi-auto Glock 26????
Better to have it and not need it, than to need it and not have it.
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Re: City of Cincinnati - Prepared

Post by FormerNavy »

ziggy wrote:So, if I am within the city limits, and I have my CHL, I can no longer carry, own, use, look at...ect... my semi-auto Glock 26????

Well, without passing judgment on whether or not you "can" (especially in light of preemption), I would just say that the current Cincinnati ordinance prohibits possession of a rifle magazine that holds more than 10 rounds, or a handgun magazine that holds more than 15 rounds. There are also other ordinances that I believe are pre-empted, but those are the ones pertinent to your question I believe.
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