Franklin Ohio City Parks

[lemmypenn66]

I sent a quick email to the City of Franklin Law Director, and here is her response..



Mr. Franke –



I thank you for bringing this to my attention. I will share your concerns with the City’s Parks & Recreation Commission – it may be time to update our park regulations (last update was 2000).



However, as far as the City’s Community Park, the prohibition against guns would remain even without this City regulation on the books. The state law referenced in the Ohioans for Concealed Carry v. Clyde includes prohibitions on places a licensed, concealed handgun may be carried. It states that a valid license does not authorize the licensee to carry a concealed handgun into a school safety zone in almost every instance (the exception is being in a school zone to pick up/drop off a child). Under the Ohio Revised Code, a school safety zone is defined as both a school premises and a school activity. The school owns the land on which the high school football stadium is located – this is therefore a school premises and would be defined as a school safety zone. The school also holds all of its athletic programs/games in Community Park – these are school activities and would also be defined as a school safety zone. Thus, it appears state law would prohibit the carrying of a licensed, concealed handgun anywhere within Community Park.



I will keep you apprised of any changes the Parks & Recreation Commission recommends, and please do not hesitate to contact me if you need any additional information.



Best regards,

Donnette Fisher

[lemmypenn66]

The football she is referencing, is used for high school games along with a baseball field, however the park is quite large, and IANAL, but would the 1000 ft rule come in effect? So the school owns the fenced off football, and baseball fields which puts the entire park off limits? The whole park is off limits? So looks like other parks are good..

[Tourist]

IANAL,

But I believe the comunity park would only be a "school safety zone" when the school events are taking place. At all other times it should not be posted.

Just for a general comment they should be called " school unsafe zones"!

[Cruiser]

IANAL,

But I believe the comunity park would only be a "school safety zone" when the school events are taking place. At all other times it should not be posted.

Just for a general comment they should be called " school unsafe zones"!

She needs to be made aware that a school activity in the Park does not make the entire Park an CPZ!

[MyWifeSaidYes]

Stand by...I'll write a reply you can use.

[JustaShooter]

The 1000' rule is a Federal law, and has as an exemption for those with a CHL from the state where the school resides. That would of course still affect those without a CHL who would want to open carry within that zone.

As to the assertion that holding "school activities" within the park renders it a school zone at any other time than when the activity is taking place, hogwash. If that were the case, then my company's property would be a school zone because we host the occasional field trip, and the same would apply to practically all venues of any significance. Shenanigans!

[MyWifeSaidYes]

Here, use this:

The section of the Revised Code you mentioned is from 2923.126 and states:

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(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:

...

(2) A school safety zone if the licensee's carrying the concealed handgun is in violation of section 2923.122 of the Revised Code;

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Revised Code 2923.122 then states:

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(D)(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:

(a) The person does not enter into a school building or onto school premises and is not at a school activity.

(b) The person is carrying a valid concealed handgun license.

(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).

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So, unless a park is OWNED by the school district, any person with a valid CHL is allowed to enter that park, even if it is within a 'school zone'.

[TJW815]

Okay before we get to carried away there has been talk recently of them selling the park to the school district. If they were pushed to do that what repercussions would that have?

[MyWifeSaidYes]

Exactly what you would think.

The park becomes "school premises" and you could only go there if you had a CHL AND you were picking up or dropping off a child.

[TJW815]

Took a look at the property maps. The school does in fact own the parcel the the football "stadium" is on. Did some calculations and their property (parcel 2143755) is defined by the chain link fence surrounding the "stadium"

The 1000' zone nearly encompasses the entire park.


Also found out that half my house is in a school zone.

[TJW815]

Exactly what you would think.

The park becomes "school premises" and you could only go there if you had a CHL AND you were picking up or dropping off a child.

I suppose it's okay for the City of Franklin to provide all maintenance (grass cutting, seal coating, etc.) for the school district?

[lemmypenn66]

I was wondering the same thing about the City maintaning the park... I believe the football field gate entrance is posted, but nothing else is.. If anyone else wants to email the law director feel free...

[MyWifeSaidYes]

It's all public records, folks.

Ask each entity (city and school district) who is paying for what and where that money is coming from.

If the school district owns something that the city is maintaining, the school district better be paying the city for the work, and vice-versa.

[TJW815]

That's what I was asking is the city allowed to do it as goodwill?

[MyWifeSaidYes]

They could do it, but if they are complaining that they don't have enough money in the budget and are wanting to raise taxes...

I would think the taxpayers would wonder about that.