Lancaster (OH) Codified Ordinances Ch. 549

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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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docachna
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Lancaster (OH) Codified Ordinances Ch. 549

Post by docachna »

I don't think I have time to address all the issues in these various sections. Here's a biggie:

549.02 CARRYING CONCEALED WEAPONS.
(a) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.

(b) No person who has been issued a license or temporary emergency license to carry a concealed handgun under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69, shall do any of the following:

(1) If the person is stopped for a law enforcement purpose, and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun;

(2) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

(3) If the person is stopped for a law enforcement purpose and if the person is carrying a concealed handgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

(c) (1) This section does not apply to any of the following:
A. An officer, agent or employee or this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance, or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s or employee’s duties;

B. Any person who is employed in this State, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns, and who is subject to and in compliance with the requirements of Ohio R.C. 109.801 unless the appointing authority of the person has expressly specified that the exemption provided in subsection (c)(1)B. hereof does not apply to the person.

C. A person’s transportation or storage of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in a motor vehicle for any lawful purpose if the firearm is not, on the actor’s person;

D. A person’s storage or possession of a firearm, other than a firearm described in divisions (G) to (M) of Ohio R.C. 2923.11 in the actor’s own home for any lawful purpose.

(2) Subsection (a)(2) of this section does not apply to any person who, at the time of the alleged carrying or possession of a handgun, is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69, unless the person knowingly is in a place described in division (B) of Ohio R.C. 2923.126.

(d) It is an affirmative defense to a charge under subsection (a)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following applies:

(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.

(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed.

(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor’s own home.

(e) No person who is charged with a violation of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under Ohio R.C. 2923.125 or 2923.1213 as a condition for the dismissal of the charge.

(f) (1) Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this subsection or subsection (f)(2) of this section, carrying concealed weapons in violation of subsection (a) of this section is a misdemeanor of the first degree. Except as otherwise provided in this subsection or subsection (f)(2) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law. Except as otherwise provided in subsection (f)(2) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303, of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of subsection (a) of this section is a felony and shall be prosecuted under appropriate State law.

(2) If a person being arrested for a violation of subsection (a)(2) of this section promptly produces a valid license or temporary emergency license issued under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69, and if at the time of the violation the person was not knowingly in a place described in division (B) of Ohio R.C. 2923.126, the officer shall not arrest the person for a violation of that subsection. If the person is not able to promptly produce any of those types of license and if the person is not in a place described in that section, the officer may arrest the person for a violation of that subsection, and the offender shall be punished as follows:

A. The offender shall be guilty of a minor misdemeanor if both of the following apply:

1. Within ten days after the arrest, the offender presents a license or temporary emergency license to carry a concealed handgun issued under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.

2. At the time of the arrest, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.

B. The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars ($500.00) if all of the following apply:

1. The offender previously had been issued a license to carry a concealed handgun under Ohio R.C. 2923.125 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69, and that was similar in nature to a license issued under Ohio R.C. 2923.125 and that license expired within the two years immediately preceding the arrest.

2. Within forty-five days after the arrest, the offender presents any type of license identified in subsection (f)(2)A.1. of this section to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender’s right to a speedy trial on the charge of the violation that is provided in Ohio R.C. 2945.71.

3. At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of Ohio R.C. 2923.126.

C. If neither subsection (f)(2)A. nor B. of this section applies, the offender shall be punished under subsection (f)(1) of this section.

(3) Except as otherwise provided in this subsection, carrying concealed weapons in violation of subsection (b)(1) hereof is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of subsection (b)(1) hereof, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to Ohio R.C. 2923.128.

If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a license or temporary emergency license to carry a concealed handgun, carrying concealed weapons in violation of division (b)(1) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of Ohio R.C. 2923.128.

(4) Except as otherwise provided herein, carrying concealed weapons in violation of subsection (b)(2) or (b)(3) hereof is a misdemeanor of the first degree. If the offender has previously been convicted or pleaded guilty to a violation of Ohio R.C. 2923.12(B)(2) or (B)(4) or a substantially equivalent municipal ordinance, carrying concealed weapons is a felony and shall be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for a violation of subsection (b)(2) or (b)(3) hereof, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to Ohio R.C. 2923.128(A)(2).

(g) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this subsection, division (B) of Ohio R.C. 2923.163 applies. (ORC 2923.12)
[/size][/i]


And this is just one section. Peruse the rest of Ch. 549:
http://www.conwaygreene.com/Lancaster/l ... -h.htm&2.0
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TJW815
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by TJW815 »

I may be missing something but the section you posted seems okay.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by BriKuz »

this looks like old wording... having a CHL is NOT merely an affirmative defense against carrying concealed...
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djthomas
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by djthomas »

(3)(c)(2) expressly exempts those with a CHL if they are carrying a handgun - it's not an affirmative defense.

You're correct that this is the old wording but if you search every municipality's codes in Ohio you'll probably find that 100% of them have some statute that mirrors an old version of the ORC whether it's here or in the motor vehicles section. They do get caught up - once or twice a year a professional outfit will draft all the necessary changes to bring everything up to date and the council will vote it into law. Since state law changes all the time there are always going to be statutes that are out of date which is why there is a system in place to update them. Having a firm track all of these and incorporate them into each client (city's) existing codes is not cheap which is why it's not done real time.

Here's my two cents on it. Ignore these administrative issues. They will get fixed and in the extremely rare event that someone gets harassed/arrested for violating a out of date ordinance the matter should be disposed of fairly quickly at which point a public spectacle can be made out of the situation.

I'd rather focus my energies on ordinances that are truly contrary to state law and show no signs of being changed administratively. 9.68 exists at the pleasure of the state legislature which consists of politicians, many of whom have done stints at the local level and still keep in touch with the officials in their respective districts. Agitate enough local officials over slightly out of date local statutes and there just might be support to change 9.68 in a way that nobody likes. 9.68 is intended to deal with the Oberlins and Clydes, not some city that is six months behind on the latest ORC changes but otherwise complaint.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by TJW815 »

I agree completely DJ, we really need to "pick our battles" to the ordinances that are maliciously against carrying. Don't want to paint ourselves as bullies.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by MyWifeSaidYes »

Here is my flowchart:
Start
|
Are you a political subdivision of the State of Ohio? - No - End.
|
Yes
|
Do you have any ordinances (or resolutions, regulations or rules) that affect firearms? - No - End.
|
Yes
|
Do they apply to anything besides firearm usage or discharge? - No - (goto Self-Defense exception)
|
Yes
|
You are not in compliance with ORC 9.68 and are violating that state law.
|
Will you repeal or modify your laws as needed to comply with state law? - No - Lawsuit - Return to Start
|
Yes
|
Huzzah!
|
Return to Start
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by JustJack »

MyWifeSaidYes wrote:Here is my flowchart:
Start
|
Are you a political subdivision of the State of Ohio? - No - End.
|
Yes
|
Do you have any ordinances (or resolutions, regulations or rules) that affect firearms? - No - End.
|
Yes
|
Do they apply to anything besides firearm usage or discharge? - No - (goto Self-Defense exception)
|
Yes
|
You are not in compliance with ORC 9.68 and are violating that state law.
|
Will you repeal or modify your laws as needed to comply with state law? - No - Lawsuit - Return to Start
|
Yes
|
Huzzah!
|
Return to Start
+1 Nicely done
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by MyWifeSaidYes »

djthomas wrote:...Here's my two cents on it. Ignore these administrative issues...

...I'd rather focus my energies on ordinances that are truly contrary to state law...
TJW815 wrote:I agree completely DJ, we really need to "pick our battles" to the ordinances that are maliciously against carrying...
ALL city firearm ordinances are non-compliant.

If there was only one person working on compliance issues, I would agree that prioritizing is important. This is why OFCC needs to pick it's battles wisely. However, the citizens of this state are the ones working on these cities, park districts and ag societies, and should pick their OWN battles.

We may not win every battle we fight, but we will lose 100% of the battles we don't fight.

The folks in Zanesville may not be able to make it over to Darke county on a regular basis. They should instead find a battle near to them and fight with all their heart.

Will the legislators respond to cities that say "We want to keep breaking the law!" Maybe. But that's why we need a constant presence at the statehouse.

As I understand it, the ONLY reason cities incorporate misdemeanor state statutes (including those regarding firearms) is so they can collect fines from violators.

If those local ordinances were removed, a city can still charge a person with that violation under a state law, but they would not collect any fines (or a very reduced amount).

ALL cities should repeal or modify ALL local ordinances dealing with firearms. This is a win-win-win.

Win #1 - They stop breaking the law.

Win #2 - They avoid risk of a lawsuit.

Win #3 - It's less work for me ! (I'm basically lazy)

:mrgreen:
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djthomas
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by djthomas »

MyWifeSaidYes wrote:ALL city firearm ordinances are non-compliant.
It's not that simple though. Mirrored municipal ordinances have been around for eons and unless there is an irreconcilable conflict the municipal ordinances are valid and can be enforced. That's been settled since at least 1923 and has to do with home rule.

The Ohio Supreme Court has opined rather extensively on the subject of home rule. In pertinent part it has declared:
In determining whether an ordinance is in “conflict” with general laws, the test is whether the ordinance permits or licenses that which the statute forbids and prohibits, and vice versa. A police ordinance is not in conflict with a general law upon the same subject merely because certain specific acts are declared unlawful by the ordinance, which acts are not referred to in the general law, or because certain specific acts are omitted in the ordinance but referred to in the general law, or because different penalties are provided for the same acts, even though greater penalties are imposed by the municipal ordinance.
There has to be actual conflict, not just merely existence. As long as a municipal ordinance does not prohibit what 9.68 allows there is no conflict. A municipal misdemeanor ordinance mirroring state law can continue to exist, and indeed, can prescribe a stricter penalty than state law so long as it stays a misdemeanor.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by MyWifeSaidYes »

Okay, so maybe I'm over-reaching, but it would sure be beneficial for all citizens.

There would be no chance of a civil rights violation becaue a LEO tried to enforce an out-of-date local ordinance based on an recently updated state statute.

:?
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by Werz »

djthomas wrote:As long as a municipal ordinance does not prohibit what 9.68 allows there is no conflict. A municipal misdemeanor ordinance mirroring state law can continue to exist, and indeed, can prescribe a stricter penalty than state law so long as it stays a misdemeanor.
For a while, it was popular for municipal ordinances to carry a higher penalty for marihuana possession.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by MyWifeSaidYes »

I still think that all local ordinances are preempted because of these phrases in 9.68:

"...the general assembly finds the need to provide uniform laws throughout the state..."

"...Except as specifically provided by...state law,...a person, without further license, permission, restriction, delay, or process..."

As you have seen, local ordinances are not currently being kept uniform with state law.

And a local ordinance is a "further restriction", even if it has the same wording, because it is a different law.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by TJW815 »

Okay, how about we come back around to this one, AFTER all the Oberlins and Clydes of Ohio are dealt with. I personally am more concerned with the cities that flat out try to stop us from carrying altogether.

I reiterated my previous comment, We do not want to paint ourselves as bullies.
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by MyWifeSaidYes »

But I already bought the paint !! :cry:

:mrgreen:
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Re: Lancaster (OH) Codified Ordinances Ch. 549

Post by TJW815 »

MyWifeSaidYes wrote:But I already bought the paint !! :cry:

:mrgreen:

Now that right there is funny.... :lol:
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