Ohioans For Concealed Carry Discussion Forums

Does RC 9.68 cancel out Dayton's firearm owner ID card ordinance?

Sec. 138.11. - Firearm owner's identification card required.

(A)

No person shall possess any firearm, unless such person has a firearm owner's identification card issued to him/her and in effect under § 138.13, or is exempt from the requirement of an identification card under § 138.22, or is on a duly licensed and suitable firing range.

(B)

No person shall sell, deliver, transfer, or furnish any firearm to any person, unless the transferee exhibits a firearm owner's identification card valid on its face and issued to the transferee under § 138.13, or unless the transferee exhibits evidence that he/she is exempt from the requirement under § 138.22.

(C)

No person shall sell, deliver, transfer, or furnish any firearm to any person without first having notified the Director and Chief of Police of his/her intention to do so not less than five days prior thereto. Such notification shall be in writing, and shall contain the name, home address, social security number, and firearm owner's identification card number of the intended transferee. The Director and Chief of Police shall prescribe the form for such notification, and shall make them available upon request therefor.

(D)

Every person regularly engaged in the business of selling or trading firearms at wholesale or retail whether as the principal business of such person or in addition thereto, having sold, delivered, or furnished a firearm to any person pursuant to the provisions of subsection (C) above, shall within five days thereafter, furnish to the Director and Chief of Police the details of such transaction, including the name and address of the transferee, his/her firearm owner's identification card number, and a description of the firearm obtained, including the manufacturer's brand name, caliber, and serial number.

(E)

No person shall use or attempt to use a firearm owner's identification card to obtain any firearm, knowing such identification card to belong to another, or knowing it was obtained by means of false information, or when it is void by reason of the holder becoming a member of the class of persons prohibited by § 138.14 from being issued a firearm owner's identification card.

(F)

No person shall use or attempt to use his/her firearm owner's identification card to obtain any firearm for any person who does not have a firearm owner's identification card issued to him/her and in effect under § 138.13 and is not exempt from the requirement of an identification card pursuant to § 138.22, and no person shall knowingly permit his/her firearm owner's identification card to be used by another to obtain any firearm.

(G)

No person shall knowingly furnish false information when making application for a firearm owner's identification card.

(Ord. 24780, passed 8-28-74; Am. Ord. 26758, passed 3-23-83; Am. Ord. 28815-94, passed 5-11-94)

Cross reference— Penalty, see § 138.99.

Wow, I never knew that existed. I have been around Dayton all my life, but never actually lived in Dayton...

Kurt wrote:Does RC 9.68 cancel out Dayton's firearm owner ID card ordinance?

Hi Kurt,

Welcome to OFCC and the forums

It absolutely does invalidate their law, and the Ohio Supreme Court has ruled on ORC 9.68 twice. If you go to our main page at http://OhioCCW.org" onclick="window.open(this.href);return false; there is a rotating story at the top about the most recent ruling, and there is a second story on the main page about an appeals court ruling against Cleveland that was finalized last week too.

I'm fairly certain that Dayton would be complying with it. I recall early discussion about this, but if you know otherwise please let us know and we'll be more than happy to poke a stick in their eye to determine why they're not complying. I have moved your thread to the 9.68 compliance forum since its ideal for it to be there.

Its *possible* that they accept voluntary applications, but they couldn't get away with a penalty/charges for failure to comply.

Not sure if anyone contacted someone in Dayton about this but this is not the only violation in Dayton municiple code. They have laws against CCW of any kind and laws aginst loaded vehicle carry, both of which don't seem to have any exemptions for state licensed CHL holders.

Now if only there were a compliance coordinator or a local compliance representative that I could bring this up with.

THREAD BACK FROM THE DEAD

Dayton was mentioned in the "Help with MidwayUSA" thread and it was pointed out that Dayton still has invalid laws on the books.

I just sent this to the Mayor and the Commissioners:

Dear Commissioners-

Can you please advise me on the rules regarding firearms at Oak Creek South park?

I was planning a picnic for later this spring but was advised by an acquaintance that firearms are not allowed at the park. I prefer to openly carry my handgun in a hip holster.

I did not find any park rules online. Could you please let me know what the rules are or let me know where to find them online?

Thanks!

-"MWSY"
3/26/15

Hopefully this will open a dialog with them.

MyWifeSaidYes wrote:THREAD BACK FROM THE DEAD

Dayton was mentioned in the "Help with MidwayUSA" thread and it was pointed out that Dayton still has invalid laws on the books.

I just sent this to the Mayor and the Commissioners:

Dear Commissioners-

Can you please advise me on the rules regarding firearms at Oak Creek South park?

I was planning a picnic for later this spring but was advised by an acquaintance that firearms are not allowed at the park. I prefer to openly carry my handgun in a hip holster.

I did not find any park rules online. Could you please let me know what the rules are or let me know where to find them online?

Thanks!

-"MWSY"
3/26/15

Hopefully this will open a dialog with them.

Or a really big fire storm MWSY....

Ray

Ray wrote:
Or a really big fire storm MWSY....

Ray

Que sera, sera.

The Oak Creek South Park may not be in the City of Dayton. Facebook puts it in Centerville-Washington Park District. The discharge of firearms is prohibited but firearms are not prohibited.

http://cwpd.org/pdf_files/rules-regs.pdf" onclick="window.open(this.href);return false;

Yeah, I figured that out when Dayton told me.

I got the C-W Park District to update their rules back in 2013.

Any suggestions for a park actually within Dayton's jurisdiction, regardless of size?

Ask about reserving a shelter at one of these.

http://www.cityofdayton.org/departments ... Update.pdf" onclick="window.open(this.href);return false;

I live in the City of Dayton, so as a concerned citizen I did the following. I called the interim law director and left a message concerning the City's failure to comply with ORC 9.68. I sent an email to the City's law department quoting ORC 9.68 and citing the specific Dayton codes which are not in compliance.

I will let you all know if I get a response.

Suckerspawn wrote:...
I will let you all know if I get a response.

Yes, please.

Suckerspawn, please take this opportunity while waiting to complete some mundane task or other. Like say renovate a few rooms in your home, or something.

Suckerspawn wrote:

Mr. xxxxxxx,

The Law Department is currently researching your inquiry. You
will be contacted by Assistant City Attorney Mya Bronson once her
research is complete.

Regina D. Blackshear, Paralegal
City of Dayton, Ohio
Department of Law - Civil Division

I just had a pleasant phone conversation with Mya Bronson. She called me. Apparently she had not seen my original email. We discussed ORC 9.68 and the specific Dayton Municipal Codes. I explained to her certain vendors were refusing to ship certain products to the City of Dayton because of these laws. She is going to review the codes with the Law Director and get back to me.