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.
Forum rules
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.
626.05 IDENTIFICATION CARD REQUIRED.
(a) No person shall purchase, own, possess, receive, have on or about his person or use any handgun unless such person has a handgun owner's identification card issued to him and in effect pursuant to this section, or unless such person has been issued a dealer's license pursuant to Section 626.07, or unless such person is exempt from the requirements of an identification card pursuant to Section 626.06. (Ord. 1970-136. Passed 1-4-71.)
(b) Application for a handgun owner's identification card shall be made in writing to the Chief of Police on forms provided by the City and shall be accompanied by an application fee of three dollars ($3.00) which shall be paid into the General Fund of the City. The application form shall require the applicant's full name, home address, social security number, telephone number, birth date, physical description, occupation and a complete description of the weapons to be registered, which includes the make, caliber, sales number and any other identifying features.
There's more in this one... i'll do more research this evening...
626.12 POSSESSION OR CONTROL OF FIREARMS.
(a) No person shall transport in any vehicle, or carry on or about his person upon the streets and public places of the City any firearm unless exempted by any of the provisions of this chapter.
(b) No person shall have in his possession or under his control, any firearm while in the act of committing either a felony or a misdemeanor involving the use or the threat of use of force and violence.
(c) When a misdemeanor charge is brought against any person under subsection (a) hereof, the jury or the judge sitting as the trier of the facts shall acquit the defendant, if it or he finds by a preponderance of the evidence that the defendant so charged was at the time engaged in a lawful business calling or employment, and that the circumstances in which he was placed justified a prudent man in carrying such weapon for the defense of his person, property or family.
(Ord.1970-136. Passed 1-4-71.)
I contacted the city of Beachwood today. They had an entire chapter that was outdated. They had things like needing an ID card to own a firearm, needing a license to sell a firearm, and having to record every transaction and all personal details and turn it into the chief. I first Called city Council. They told me that it does appear that I was right and that I should confirm with the police department. I called and spoke to a very nice police officer who did tell me that it did appear to be out of touch with the state law, and that he had never enforce any of these. He informed me that I needed to call the law department. I called the law department and they sent me back to the police department because they said the police department needed to provide a written document stating that these laws might be out of touch with state law. I did that, and the police officer I spoke with did let me know that he would send something to the law department letting him know that they were out of touch with state law. From there the law department sends it to the city Council for either change or repealed. It is a long process but it will get done.
Did you dig out all the other codes that are in violation as of yet? I've been in contact with the law director for the past week trying to ferret out ALL of their offending codes. Also, this should NOT be a long process... Parma only took a couple of weeks.
The law Director just called me. New training is going out to ensure that officers do not make any attempt to enforce ANY part of 626. They are also working on getting it on the agenda soonest to clean up 626 and any other sections of code. If anyone has time, please peruse Beachwood's online Codified Ords and see if there are any other issues that require clean-up prior to a council meeting so that this is short and sweet.
Parma, I believe, waved the other readings. Usually these changes get read three times at council meetings. Parma waved theirs, but Beachwood may or may not.
NEO Carry wrote:I contacted the city of Beachwood today. They had an entire chapter that was outdated. They had things like needing an ID card to own a firearm, needing a license to sell a firearm, and having to record every transaction and all personal details and turn it into the chief. I first Called city Council. They told me that it does appear that I was right and that I should confirm with the police department. I called and spoke to a very nice police officer who did tell me that it did appear to be out of touch with the state law, and that he had never enforce any of these. He informed me that I needed to call the law department. I called the law department and they sent me back to the police department because they said the police department needed to provide a written document stating that these laws might be out of touch with state law. Brett
Are you friggin' kidding me ???? The law department relies on the police department to tell them which city ordinances are valid and not valid ?
NEO Carry wrote:I contacted the city of Beachwood today. They had an entire chapter that was outdated. They had things like needing an ID card to own a firearm, needing a license to sell a firearm, and having to record every transaction and all personal details and turn it into the chief. I first Called city Council. They told me that it does appear that I was right and that I should confirm with the police department. I called and spoke to a very nice police officer who did tell me that it did appear to be out of touch with the state law, and that he had never enforce any of these. He informed me that I needed to call the law department. I called the law department and they sent me back to the police department because they said the police department needed to provide a written document stating that these laws might be out of touch with state law. Brett
Are you friggin' kidding me ???? The law department relies on the police department to tell them which city ordinances are valid and not valid ?
Wow.....
More than likely it's more of a way of saying "We can't discuss that with you, unless someone with the authority to do so sends us an official request." Kind of like trying to get an Opinion from the AG if you're just a 'citizen' and not one of the 'chosen ones' in an official position. Oh, yeah, us poor, pathetic, insignificant, voters cannot actually challenge the 'powers that be'.
IANAL, YMMV, other standard disclaimers, yada, yada, yada, etc, ad nauseum, in infinitum.
"If stupidity was painful, I would be deaf from all the screaming." - Samuel A. Grim
NEO Carry wrote:I contacted the city of Beachwood today. They had an entire chapter that was outdated. They had things like needing an ID card to own a firearm, needing a license to sell a firearm, and having to record every transaction and all personal details and turn it into the chief. I first Called city Council. They told me that it does appear that I was right and that I should confirm with the police department. I called and spoke to a very nice police officer who did tell me that it did appear to be out of touch with the state law, and that he had never enforce any of these. He informed me that I needed to call the law department. I called the law department and they sent me back to the police department because they said the police department needed to provide a written document stating that these laws might be out of touch with state law. Brett
Are you friggin' kidding me ???? The law department relies on the police department to tell them which city ordinances are valid and not valid ?
Wow.....
Wonder what the law department would think about a summons showing up from getting sued under 9.68?
ummm... bad day, so my email was a LITTLE... er... Richard Cranium-like...
It has come to my attention that the following ordinances are against State law. Should these ordinnaces not be amended immediately, the City of Beachwood may be sued in court under the authority of ORC 9.68.
Chapter 626 in its entirity goes against State Law
Please let me know when this issue will be before Council to be rectified.
Brian Kuzawa
Please note, others have been in contact with the Law Director regarding this issue. The law Director has apparently stated that the Police Department had to provide documentation on why these laws are not valid. I will NOT do any more of your law director's job. I WILL, however, be keeping a sharp eye on this situation should the need arise to take action via an ORC 9.68 lawsuit. Please expedite fixing this, and any other, problems your City Code may have with regards to violating State Law with regards to possession and sale of firearms.
Let us see if the law director does something about it NOW....
