Hunting regs that violate 9.68

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.

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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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MyWifeSaidYes
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Re: Hunting regs that violate 9.68

Post by MyWifeSaidYes »

Here is the letter from ODNR.

http://www.ohionets.com/stuff/odnr/odow968a.pdf" onclick="window.open(this.href);return false;
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Re: Hunting regs that violate 9.68

Post by cashman966 »

MyWifeSaidYes wrote:Here is the letter from ODNR.

http://www.ohionets.com/stuff/odnr/odow968a.pdf" onclick="window.open(this.href);return false;

Hmm that looks familiar, I think I saw much the same verbiage in a post on page 1.
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Re: Hunting regs that violate 9.68

Post by MyWifeSaidYes »

cashman966 wrote:
MyWifeSaidYes wrote:Here is the letter from ODNR.

http://www.ohionets.com/stuff/odnr/odow968a.pdf" onclick="window.open(this.href);return false;

Hmm that looks familiar, I think I saw much the same verbiage in a post on page 1.
Well, yeah. They'll stick to their guns.

:)

Let's see if Suckerspawn is still communicating with them.

Maybe he'll let them know that the Chief can make rules but can't violate state laws.

Restrict my USE of the gun, not my POSSESSION of the gun.

They already do that for licensed concealed carry, right? Why would any other gun be different.
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Re: Hunting regs that violate 9.68

Post by Suckerspawn »

Excerpt from my original letter
The Division has authority to regulate firearms used in hunting but because of ORC 9.68 it does not have the authority to regulate firearms in general.
In his response the Chief basically said, 'If the open carry of firearms is that important to you, don't bowhunt for deer in Ohio, etc.'

If the Chief of Wildlife can regulate the possession of firearms while training dogs on private property, it might follow the Chief of Parks and Rec could regulate the possession of firearms while hiking in State Parks.

I will continue communication with the Division through its Law Enforcement Administrator as suggested.
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Re: Hunting regs that violate 9.68

Post by rimfireOH »

Cruiser wrote:My what convoluted web we have woven!
Agreed, wholeheartedly.

I find it amusing/annoying/whatever, that when I hunt, the ODNR restricts the use of a pistol I carry based on where I carry it. Open carry, I can use my .22 LR pistol for coyotes, ground hogs, wild boar, squirrels (in season) or various other in-season game. Concealed, I can't use it for any game (in season or otherwise). (Presumably reserved for self-defense against humans, right?) On many of our "armed hikes", my son and I have often hypothesized about what we'd do if we found ourselves actively hunted. The coyote/wolf/bear/boar would likely get whatever we were carrying, never mind where it was carried or what caliber.

We don't hunt or venture out during deer season, mostly for reasons of self-preservation (blaze orange as a force field doesn't repel many slugs). The rules during those times also seem quite convoluted.

Next time I'm at one of our ODNR public ranges, I need to re-listen to the rules (and get a copy) about concealed carry. I seem to remember that concealed was permitted but if it became un-concealed at any time, it became subject to the regular firearm rules about being on the bench during ceasefire, etc.
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Re: Hunting regs that violate 9.68

Post by troy bilt »

Hunting season is creeping up on us once again. Any new new on hunting regs that violate 9.68?
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Re: Hunting regs that violate 9.68

Post by MyWifeSaidYes »

I was going to go push the issue with ODNR, but I'm going to wait on the OSU lawsuit to progress.

Its outcome may affect ODNR or how we approach ODNR.
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Re: Hunting regs that violate 9.68

Post by troy bilt »

I will be dove hunting here in a few weeks. I OCed last year and was checked by ODNR as I am almost every year. The officer did not seam to care and went about his day checking hunters.

Last year I did not know that ODNR prohibited OC while hunting. Now I do.

I am considering OCing again this year and dealing with what ever comes my way.

How strong of a case do you think I would have in court if charges where brought against me?

Any suggestions?
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Re: Hunting regs that violate 9.68

Post by JediSkipdogg »

troy bilt wrote:I will be dove hunting here in a few weeks. I OCed last year and was checked by ODNR as I am almost every year. The officer did not seam to care and went about his day checking hunters.

Last year I did not know that ODNR prohibited OC while hunting. Now I do.

I am considering OCing again this year and dealing with what ever comes my way.

How strong of a case do you think I would have in court if charges where brought against me?

Any suggestions?
Criminally I don't think anything. However, they can yank your hunting license and then possibly blacklist you from ever getting another one.
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Re: Hunting regs that violate 9.68

Post by rimfireOH »

troy bilt wrote:Last year I did not know that ODNR prohibited OC while hunting. Now I do.

I am considering OCing again this year and dealing with what ever comes my way.
Isn't it an issue of OC during certain types (and seasons) of hunting? I OC while hunting squirrel and rabbit so I may use that firearm for coyotes, ground hogs, wild boar or various other in-season game (including squirrel & rabbit). Concealing it in my pack turns it into a solely self-defense firearm.
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Re: Hunting regs that violate 9.68

Post by Suckerspawn »

rimfireOH wrote:
troy bilt wrote:Last year I did not know that ODNR prohibited OC while hunting. Now I do.

I am considering OCing again this year and dealing with what ever comes my way.
Isn't it an issue of OC during certain types (and seasons) of hunting? I OC while hunting squirrel and rabbit so I may use that firearm for coyotes, ground hogs, wild boar or various other in-season game (including squirrel & rabbit). Concealing it in my pack turns it into a solely self-defense firearm.
The ODNR prohibits open carry while deer hunting and prohibits carrying at all while training dogs at certain times. Of course during deer gun season you can open carry a handgun suitable for deer hunting as long as that handgun is your only hunting implement.
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Re: Hunting regs that violate 9.68

Post by MyWifeSaidYes »

And therein lies the 9.68 violation.

ODNR regs are NOT law, even though LAW allows them to make regs.

Because the ODNR is inferior to the state (it is not the state, it is an agency OF the state), R.C. 9.68 prohibits the ODNR from regulating how a firearm is POSSESSED, CARRIED or TRANSPORTED, etc.

They CAN regulate how a firearm is USED while hunting.

They cannot restrict you from having buckshot ammo with you while hunting, but they CAN restrict you from USING it.

I would suggest waiting for the outcome of the OSU lawsuit before harassing ODNR. A positive result may help us with ODNR and other such entities.
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Re: Hunting regs that violate 9.68

Post by rimfireOH »

MyWifeSaidYes wrote:And therein lies the 9.68 violation.

ODNR regs are NOT law, even though LAW allows them to make regs.

Because the ODNR is inferior to the state (it is not the state, it is an agency OF the state), R.C. 9.68 prohibits the ODNR from regulating how a firearm is POSSESSED, CARRIED or TRANSPORTED, etc.

They CAN regulate how a firearm is USED while hunting.

They cannot restrict you from having buckshot ammo with you while hunting, but they CAN restrict you from USING it.
Got it. I'm sorry I'm so slow. These objections make sense now.
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Re: Hunting regs that violate 9.68

Post by troy bilt »

Well looks like I broke another one of ODNR gun laws this weekend.

My boy took the hunter safety course this weekend. The instructors did a great job with the kids, and you could tell they enjoyed putting on the class.

The class was a 3 day deal and on the 1st day I carried in class like I always carry openly.

About 30 min into the class (right after the ODNR Officer did his little speech for the kids) the instructor told everyone that if they where carrying a firearm that it was against the law to carry during an ODNR safety course. He said he did not want to know who was carrying and not to worry about it till 1st break. After 1st break I disarmed.

I have not looked up the law the instructor was referring to yet but if said law is on the books would this law go against 9.68?
I have struggled with dyslexia my entire life. I know it's spelled wrong but thanks for pointing it out.
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Re: Hunting regs that violate 9.68

Post by JustaShooter »

troy bilt wrote:the instructor told everyone that if they where carrying a firearm that it was against the law to carry during an ODNR safety course. He said he did not want to know who was carrying and not to worry about it till 1st break. After 1st break I disarmed.

I have not looked up the law the instructor was referring to yet but if said law is on the books would this law go against 9.68?
I'd love to see the section of the ORC that the instructor thinks makes it illegal to carry during an ODNR hunter safety course because I can't find it. Depending on where it was taught, it could possibly be illegal to carry there I suppose (state government facility for example) but otherwise I don't think it would be. They may have rules, like the NRA class rules against loaded firearms or even live ammunition in the training class - but even then I would think it would violate ORC 9.68...
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