Hilliard - Parks

[MyWifeSaidYes]

Found ordinance 971.10

Sent this:

Dear Mayor and/or Council members-

Can you please advise me on the rules regarding firearms at Britton Farms Park and other parks in Hilliard?

I prefer to openly carry my handgun in a hip holster. I was advised by an acquaintance that firearms are not allowed at the park, whether openly carried or concealed.

Since this goes against state preemption (ORC 9.68), I was hoping you could confirm for me what the rules actually are.

Thanks!

-"MWSY"
February 2, 2014

[MyWifeSaidYes]

Received from the Hilliard Law Director today:

Mr. "MWSY":

I am responding to the email you sent earlier today to Lynne Fasone, our Clerk of Council.

While Section 971.10 of the City’s Codified Ordinances states as follows: “No person shall carry or permit to be carried or discharge or cause to be discharged any firearms, fireworks or other explosive substance within any park (excluding professional fireworks approved by the Director of Parks and Recreation), we understand that pursuant to the Ohio Supreme Court’s holding in City of Cleveland v. State of Ohio, 128 Ohio St. 3d 135, the provision that “no person shall carry or permit to be carried any firearms…’ in our local ordinance, is not enforceable by the City. That case held that Section 9.68 of the Ohio Revised Code, which provides that only federal or state regulations can limit an Ohioan’s individual right to bear arms, prevails over local ordinances attempting to limit that right because Section 9.68 was part of a statewide comprehensive legislative enactment regulating firearms. Our home-rule powers granted by the Ohio Constitution do not prevail over Section 9.68 of the ORC, which the Supreme Court ruled to be a law of general application throughout the state that is to be applied uniformly. We are without legal authority to enforce the pertinent provisions of Section 971.10 of the City’s Code, which I addressed above.

Because state law does not prohibit you from carrying a firearm in a public park, neither shall the City of Hilliard.

I trust that the information above answers your question.

Tracy L. Bradford
Director of Law
3800 Municipal Way
Hilliard, Ohio 43026

And this was my reply:

Tracy-

Thanks for your quick response!

If I understand your reply, Hilliard has an ordinance on the books that Hilliard will not enforce.

That’s good news.

Is there any way to have the city council modify that ordinance?

If it is left in place, a citizen unfamiliar with R.C. 9.68 may read that ordinance and think that it is currently enforced law. That could open the city up to lawsuits if someone is attacked in a Hilliard park while disarmed by your published ordinances.

I am not a lawyer, but I do not think the immunities available to political subdivisions under R.C. 2744 or R.C. 2923.126(C)(2)(b) would be available to the city if false information remained available to the public.

Please let me know if I can help in any way to assist in getting that ordinance modified. I have many friends and acquaintances in Hilliard if you need a city resident to make such a request.

Thanks, again.

-"MWSY"
February 4, 2014

[MyWifeSaidYes]

And an almost immediate reply:

Mr. Noice – we will be introducing legislation in the very near future to repeal the pertinent provisions of our code to conform with state law regarding firearms in public parks. Your offer of assistance is appreciated, but I think we’ve got it covered.
If you have additional questions or concerns, just let me know.
Thanks,

Tracy L. Bradford
Director of Law
3800 Municipal Way
Hilliard, Ohio 43026

So far, I'm feeling very encouraged.

This could be a good year.

And me again:

Tracy-

That’s wonderful news!

Is it possible to request someone send me an email when that legislation gets introduced?

Thanks!

-"MWSY"
February 4, 2014

[concreteguy]

For all you do, this Thank You is for you.

[MyWifeSaidYes]

For all you do, this Thank You is for you.

You are welcome!

So, how are the ordinances in Rushville and surrounding communities?

[concreteguy]

Not sure. I live outside of the village. I need to check on the fairgrounds. Last time I was there I didn't see any. Someone posted elsewhere they were back up