Cleveland Heights - Partial Success

[jgarvas]

We're aware of the situation in Cleveland Heights and will be drafting a letter this week. If anyone wants to post the contact information here please provide all of the relevant contacts. CH Law Director or similar was quoted in the PD article last week. I believe they intend to try to write a loophole law.

551.12 PROHIBITIONS AGAINST CARRYING A FIREARM.

(a) No person, unless exempted by any of the provisions of this chapter, shall transport in any vehicle, or carry on or about his person upon the streets and public places of the City, any handgun without having in his possession an identification card required by this chapter, or the nonresident, an identification card, permit or authorization, if any, issued by the proper authorities of the place of his residence.

(b) No person, unless exempted by any of the provisions of this chapter, shall transport in any vehicle, or carry on or about his person upon the streets and public places of the City, any handgun or other firearm, unless such handgun or other firearm is at all times unloaded and encased.

(c) If, in any case brought pursuant to subsection (b) hereof, it is proved by way of affirmative defense that the person charged possessed all required Federal, State and City permits, licenses, identification cards and registration cards, that at the time of the offense charged such person was engaged in a lawful business or calling, and that the facts and circumstances existing at the time justified a prudent person in carrying a loaded and/or unencased handgun or other firearm for the defense of person, family or property, the person charged shall be acquitted.

(Ord. 51-1985. Passed 5-6-85.)

[rickt]

I hope this is sufficient. I don't live on that side of town (anymore) so I don't know if there are signs posted.

General Address:

City of Cleveland Heights
40 Severance Circle
Cleveland Heights, Ohio 44118

John Gibbon, Law Director
216-291-5775
Fax: 216-291-3731

Edward J. Kelley, Mayor
216-291-4756 (Voice Mail)
216-315-4616 (cell #)

Phyllis L. Evans, Vice Mayor
216-321-5378

Robert C. Downey, City Manager
216-291-3737

Department of Community Services (responsible for parks)
Susanna Niermann O'Neil, Director
216-291-5817

Council Members:

Bonita W. Caplan

Nancy J. Dietrich

Kenneth Montlack

Mark A. Tumeo

Dennis R. Wilcox

[rickt]

Large parts of 551 are preempted, gun registration, etc.

551.01 Definitions.

551.02 Gun Control Appeals Board; appeal procedure.

551.03 Prohibitions.

551.04 Firearms confiscated.

551.05 Owner's identification card required; application, fee and issuance.

551.06 Registration of handguns; application; fee.

551.07 Exemptions.

551.08 Dealer's license required; application and issuance.

551.09 Dealer's license fee and term.

551.10 Records.

551.11 Revocation of dealer's license.

551.12 Prohibitions against carrying a firearm.

551.13 Stolen or lost firearms.

551.14 Records to be confidential.

551.99 Penalty.

Plus the park prohibition ordinance. Notice how they passed it just four days after CCW took effect.


923.10 PROHIBITION OF DEADLY WEAPONS IN PARKS.

(a) No person located within the confines of any City park shall knowingly carry or have, on or about his person or readily at hand, any deadly weapon, irrespective of whether such person has been issued a license to carry a concealed handgun pursuant to Ohio R.C. 2923.125 or pursuant to a comparable provision of the law of any other state.

(b) Subsection (a) hereof does not apply to an officer, agent or employee of this or any other state or the United States, or a law enforcement officer, who is authorized to carry a handgun or other deadly weapon and acting within the scope of the officer’s, agent’s or employee’s duties.

(c) For the purposes of this section, the term “City Park” shall be defined as any property in the City of Cleveland Heights zoned as a “Park District” pursuant to Part Eleven of these Codified Ordinances.

(d) For the purposes of this section, “deadly weapon” shall have the same meaning as set forth in subsection (a) of Section 549.01.

(e) Whoever violates subsection (a) hereof shall be guilty of possession of a dangerous weapon in a park, which shall be a misdemeanor of the first degree.

(Ord. 61-2004. Passed 4-12-04.)

http://www.conwaygreene.com/ClevelandHts/lpext.dll?f=templates&fn=main-h.htm&2.0

[jgarvas]

Letter sent to the City Council, Mayor, Law Director, and City Manager on 9/29

[MrMagoo]

Jeff received the following response from Cleveland Heights:

Mr. Garvis,

t assured we are having our Legal Council examine the ruling and the Council will take all necessary steps to come into compliance with the ruling.

[MrMagoo]

Merged from Cleveland Heights - Multiple Infractions

[dancinphule]

Any update on this? There is still a sign posted in Cain Park, and their website last time I checked still had ordinances listed that seem in conflict.

[ptscotty]

I would like to know of any updates as well. I carry in the next town over and need to know my limitations. Often visit and travel through Cleveland Heights.

[muxtech]

I would carry in Cleveland Heights the same as anywhere else regardless of signage without hesitation. They can't enforce any of it - not after the OSC ruling. They also have recent experience with the legality of open carry as well. A lot of things have changed since 08.

[geniusiknowit]

I might take my kid to Cain Park this weekend, dependent upon the weather. If I do, I'll report back whether or not a I see any signs.

[ptscotty]

Thanks brother

[docachna]

The parks prohibition, section 923.10, still appears in the most recent version of the Cleveland Heights Municipal Code I can find online. So does the entire Firearms chapter.

I e-mailed the Law Director on May 20, asking if 923.10 was still on the books, and if so, was CH planning its repeal. So far, no response.

Did OFCC or anyone on their behalf ever follow up with CH back when this thread was first started ? Has anyone spoken to them since Cleveland v. State of Ohio ? Does OFCC want to take the lead in following up with them presently, assuming I get no answer from the Law Director ?

[charben]

The parks prohibition, section 923.10, still appears in the most recent version of the Cleveland Heights Municipal Code I can find online. So does the entire Firearms chapter.

I e-mailed the Law Director on May 20, asking if 923.10 was still on the books, and if so, was CH planning its repeal. So far, no response.

Did OFCC or anyone on their behalf ever follow up with CH back when this thread was first started ? Has anyone spoken to them since Cleveland v. State of Ohio ? Does OFCC want to take the lead in following up with them presently, assuming I get no answer from the Law Director ?

I actually spoke to the law director just over a week ago and he laughed at me and hung up. Considering options at the moment. This IS on the radar screen...

[docachna]

Not surprising, knowing the mindset in CH.

Perhaps a letter to Council and the Mayor, reminding them of the attorney fee provision, and pointing out that their Cleveland brothers already got spanked by the court in that regard. Sure can't see how that is good stewardship of tax dollars to throw it away paying lawyers to invalidate a statute the Supreme Court already has said is invalid.

Or, a parks walk in the summertime is always a refreshing break...............

[docachna]

PM to charben