Upper Arlington

[MyWifeSaidYes]

Come on, Carolyn.

You KNOW you want to.

[MyWifeSaidYes]

Okay, I'm definitely going.

Monday, 4/28 @ 7:30pm

MUNICIPAL SERVICES CENTER
3600 TREMONT ROAD
Upper Arlington, OH 43221

These two items are on their agenda:

A. Ordinance No. 16-2014 - [Second Reading - Thirty Day Clause] - To amend the Park Rules Concerning Open Carrying of Firearms to be Consistent with State Law (Schadek)

B. Resolution No. 6-2014 - [First Reading - Effective Upon Passage] - Resolution of the City of Upper Arlington Urging Ohio Voters to Contact Ohio General Assembly Members to Urge them to Amend the Law to Allow Municipalities to Prohibit Carrying Firearms in Municipal Parks (Greenhill)

However, there are two things I don't think are valid.

First, the modified park rule on firearms is STILL a rule on firearms:

(4) (a) No person, except law enforcement officers within the scope of their duties shall carry on his/her person firearms of any description, knives,
bows and arrows, crossbows, air and gas guns, slingshots, missiles or missile-throwing devices, or other dangerous ordnance or deadly weapon as defined in C.O. Chapter 523. This subsection does not apply to the open-carrying of firearms if authorized by Section 9.68 of the Ohio Revised Code or to those persons licensed to carry a concealed handgun under Sections 2923.125 or 2923.1213 of the Ohio Revised Code and in full compliance with applicable requirements of Chapter 2923 of the Ohio Revised Code.

Second, there is a prohibition on selling things in a park:

(5) No person shall sell, offer or solicit for sale any goods or merchandise without a written permit therefore from the Director of Parks and Recreation.

I may have to ask about those.

[MyWifeSaidYes]

And...

515.11 EMERGENCY ACTIONS

When a state of emergency has been proclaimed as provided in C.O. § 515.10, any of the officers named therein, acting in accordance therewith, are authorized to issue such proclamations as the officer deems necessary to protect life and property. Said proclamation may include, but is not limited to, the establishment of curfew; prohibiting the sale of beer or intoxicating liquor; prohibiting the sale of firearms; restricting or prohibiting movement into, out of or within the affected area or areas; or prohibiting or limiting the assemblage of persons.

The "sale of firearms" provision should only apply to a "riot", as per:

R.C. 3761.16 Areas threatened by riot may be cordoned off.


The chief administrative officer of a political subdivision with police powers, when engaged in suppressing a riot or when there is a clear and present danger of a riot, may cordon off any area or areas threatened by the riot and prohibit persons from entering the cordoned off area or areas except when carrying on necessary and legitimate pursuits and may prohibit the sale, offering for sale, dispensing, or transportation of firearms or other dangerous weapons, ammunition, dynamite, or other dangerous explosives in, to, or from the cordoned off areas.

[MyWifeSaidYes]

Wow. I'm just noticing that a LOT of UA's ordinances do not "line up" exactly with state laws.

Lot's of R.C. 9.68 violations...

[techguy85]

However, there are two things I don't think are valid.

First, the modified park rule on firearms is STILL a rule on firearms:

(4) (a) No person, except law enforcement officers within the scope of their duties shall carry on his/her person firearms of any description, knives,
bows and arrows, crossbows, air and gas guns, slingshots, missiles or missile-throwing devices, or other dangerous ordnance or deadly weapon as defined in C.O. Chapter 523. This subsection does not apply to the open-carrying of firearms if authorized by Section 9.68 of the Ohio Revised Code or to those persons licensed to carry a concealed handgun under Sections 2923.125 or 2923.1213 of the Ohio Revised Code and in full compliance with applicable requirements of Chapter 2923 of the Ohio Revised Code.

So? R.C. 9.68 says that they can't have a rule in conflict with R.C. 9.68. How is that creating any sort of conflict?

[Aesinsp]

Good eye.. the sooner its all brought to their attention the better.
RC3761.16(?)
So, it sounds like the riot section tries to prohibit carry of firearms - that sure seems to be a super time to be able to protect ones self and family.. is that setting the stage for diarming?

[MyWifeSaidYes]

However, there are two things I don't think are valid.

First, the modified park rule on firearms is STILL a rule on firearms:

(4) (a) No person, except law enforcement officers within the scope of their duties shall carry on his/her person firearms of any description, knives,
bows and arrows, crossbows, air and gas guns, slingshots, missiles or missile-throwing devices, or other dangerous ordnance or deadly weapon as defined in C.O. Chapter 523. This subsection does not apply to the open-carrying of firearms if authorized by Section 9.68 of the Ohio Revised Code or to those persons licensed to carry a concealed handgun under Sections 2923.125 or 2923.1213 of the Ohio Revised Code and in full compliance with applicable requirements of Chapter 2923 of the Ohio Revised Code.

So? R.C. 9.68 says that they can't have a rule in conflict with R.C. 9.68. How is that creating any sort of conflict?

If I have no CHL and I conceal a handgun, I am subject to state law, not local law.

Even though their ordinance sounds good, it is a "further restriction" and violates 9.68.

[MyWifeSaidYes]

Good eye.. the sooner its all brought to their attention the better.
RC3761.16(?)
So, it sounds like the riot section tries to prohibit carry of firearms - that sure seems to be a super time to be able to protect ones self and family.. is that setting the stage for diarming?

Good question.

The riot section in state law DOES allow for the suspension of firearm sales IN a cordoned off area affected by the (potential) riot.

What is wrong with the UA ordinance is that it goes beyond JUST a riot and applies to any "state of emergency".

If the river overflows and they declare a state of emergency, they can't suspend firearm sales.

[schmieg]

Okay, I'm definitely going.

Monday, 4/28 @ 7:30pm

MUNICIPAL SERVICES CENTER
3600 TREMONT ROAD
Upper Arlington, OH 43221

These two items are on their agenda:

A. Ordinance No. 16-2014 - [Second Reading - Thirty Day Clause] - To amend the Park Rules Concerning Open Carrying of Firearms to be Consistent with State Law (Schadek)

B. Resolution No. 6-2014 - [First Reading - Effective Upon Passage] - Resolution of the City of Upper Arlington Urging Ohio Voters to Contact Ohio General Assembly Members to Urge them to Amend the Law to Allow Municipalities to Prohibit Carrying Firearms in Municipal Parks (Greenhill)

However, there are two things I don't think are valid.

First, the modified park rule on firearms is STILL a rule on firearms:

(4) (a) No person, except law enforcement officers within the scope of their duties shall carry on his/her person firearms of any description, knives,
bows and arrows, crossbows, air and gas guns, slingshots, missiles or missile-throwing devices, or other dangerous ordnance or deadly weapon as defined in C.O. Chapter 523. This subsection does not apply to the open-carrying of firearms if authorized by Section 9.68 of the Ohio Revised Code or to those persons licensed to carry a concealed handgun under Sections 2923.125 or 2923.1213 of the Ohio Revised Code and in full compliance with applicable requirements of Chapter 2923 of the Ohio Revised Code.

Hmmm. Sounds like they aren't sure that 9.68 prohibits local restriction on open carry.

[Werz]

Okay, I'm definitely going. First, the modified park rule on firearms is STILL a rule on firearms:

(4) (a) No person, except law enforcement officers within the scope of their duties shall carry on his/her person firearms of any description, knives,
bows and arrows, crossbows, air and gas guns, slingshots, missiles or missile-throwing devices, or other dangerous ordnance or deadly weapon as defined in C.O. Chapter 523. This subsection does not apply to the open-carrying of firearms if authorized by Section 9.68 of the Ohio Revised Code or to those persons licensed to carry a concealed handgun under Sections 2923.125 or 2923.1213 of the Ohio Revised Code and in full compliance with applicable requirements of Chapter 2923 of the Ohio Revised Code.

Hmmm. Sounds like they aren't sure that 9.68 prohibits local restriction on open carry.

Oh, they know what it does. This is their back-up legislation. Just in case progressives take over the Ohio Supreme Court and revisit the issue to decide that R.C. 9.68 doesn't trump Home Rule, or even better, just in case progressives take over the Ohio General Assembly and repeal R.C. 9.68, they will already have their ordinance in place, and they can go back to their comfortable delusions of safety and security.

[Klingon00]

I'm going for sure. I've never done this before. Should we meet up someplace?

[Aesinsp]

I'm going for sure. I've never done this before. Should we meet up someplace?

Last month, in West Jefferson, we just met up at the counsil meeting location(outside).
MWSY did the talking there. There wasn't room for all of us in the meeting room in that situation.
I hope to be in the vicinity by 7 pm, to support whomever chooses to speak.

[MyWifeSaidYes]

There is a Five Guys restaurant on Bethel Road.

They are just a couple miles north of where we need to go.

[Aesinsp]

Aha, I hadn't counted on a supper plan.. but I like the idea.
I've got to get home and take care of a few things before the meeting. Will be in touch.

[MyWifeSaidYes]

We don't HAVE to eat.

It's just that, as a fat guy, I like to have that option.