Streetsboro Park Rules Forbid Firearms

[5cardcharlie]

The rules listed at http://cityofstreetsboro.com/department ... ed2009.pdf include:

"20. Firearms of any kind are prohibited except those carried by on-duty Streetsboro Police Officers."

I've been unable to find any corresponding city ordinance. More than two months ago, I emailed a brief message to the director of parks and recreation (gmytinger@cityofstreetsboro.com) about state preemption, but never received a response.

I live in an adjacent city, but have little experience drafting these letters. If anyone who knows the drill can contact the appropriate officials or help me through it I would appreciate it.

[gmhiggins]

I've sent an email myself. I'll attempt to contact them via phone to see if that will work better too.

I wasn't able to find anything in the city codes relating to that park rule, but the rule should definitely be addressed.

Mr. Mytinger,

Recently while planning a trip to your city, I came upon the rules for the parks and recreation department located at http://cityofstreetsboro.com/department ... ed2009.pdf" onclick="window.open(this.href);return false;. My question is with rule #20, "Firearms of any kind are prohibited except those carried by on-duty Streetsboro Police Officers."

I am licensed by the State of Ohio to carry a concealed handgun in manners consistent with ORC 2923. Does this rule imply that I cannot carry my legally owned firearm in your city's parks? As you may or may not be aware, ORC 9.68 states that:

(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

(C) As used in this section:

(1) The possession, transporting, or carrying of firearms, their components, or their ammunition include, but are not limited to, the possession, transporting, or carrying, openly or concealed on a person’s person or concealed ready at hand, of firearms, their components, or their ammunition."

After being established in 2008 with the ruling of OFCC v Clyde, ORC 9.68 has been upheld with Cleveland v Ohio.
Being that Streetsboro does not have the authority to make such a rule, I am requesting the rules and regulations would be updated to remove rule #20, as in accordance with State law, any person legally able to carry a firearm (in any manner) is legally able to carry a firearm in the city's parks.

Please contact me at your convenience regarding this matter at XXX-XXX-XXXX I will follow up by phone on September 1st to ensure you have received this email.

Respectfully,
gmhiggins

[5cardcharlie]

gmhiggins,

That is a well-worded message. Thanks for your reply to my post and I hope you at least get a response. I tend to be too forward about this sort of thing, and basically told Mr. Mytinger that I would be carrying openly or concealed in the parks regardless (though not in a rude manner). I was hoping someone else would try the diplomatic approach

[gmhiggins]

gmhiggins,

That is a well-worded message. Thanks for your reply to my post and I hope you at least get a response. I tend to be too forward about this sort of thing, and basically told Mr. Mytinger that I would be carrying openly or concealed in the parks regardless (though not in a rude manner). I was hoping someone else would try the diplomatic approach

Thanks. It should be a quick fix for them, since there is no city law (that I could find at least) to change, and only a rule sheet to update. Are you aware of any postings at their parks?

[5cardcharlie]

I haven't been to the main park yet, but there's a very small park on 303 (nothing more than some playground equipment) that isn't posted. I'm guessing the rationale they're going to use is that the main park is right next to a school so you can't carry in the school zone (not true for chl holders if you stay off school grounds). I'm going to make an effort to get there today or some time this week and look for signs.

[5cardcharlie]

Ok, earlier today I went with my niece to the park. When I got to kirby road (park entrance), it was a small road (practically a driveway) with what appeared to be school facilities on both sides of the road. I was carrying at the time, and was too unsure of the situation to proceed while armed. I'll head back unarmed and check things out further.

So question, is a road that runs through school grounds a cpz? I would think so. It may be that the only way to carry at the park is to walk from somewhere else, steering clear of school property. Regardless, Streetsboro clearly can't prohibit firearms there.

I took my niece to the smaller park instead (Wilcox memorial park), and can say now for certain that it is in no way posted.