Message to Site Coordinators Moderators Patrons

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.

Moderators: Coordinators, Moderators

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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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Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Mon Jul 07, 2014 1:34 pm

I frequent a local Municipal Park in Waverly, OH quite often. The park is owned and maintained by the Village of Waverly. It contains playground equipment, allot of open space and several girls softball and boys baseball fields. At the entrance of the park there are signs that post the park rules. One of the rules listed on the signs is that no firearms are permitted in the park.

Question. To my understanding there was an Ohio Supreme Court Decision (I believe 2008) that established precedence that Ohio Municipalities could not restrict CHL Activity in Municipal Parks. Is this correct or am I misunderstanding? If I am correct, what would be the best way to bring this issue to the attention of the Village that their park rules are in conflict with Ohio Case Law?

Just looking for a way to be active without causing damage to CHL in Ohio. :?:
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Re: Message to Site Coordinators Moderators Patrons

Postby MyWifeSaidYes » Mon Jul 07, 2014 5:37 pm

You are mistaken. :P

Municipalities cannot regulate firearms possession REGARDLESS of whether they have a CHL or not.

You are thinking of Ohio Revised Code 9.68, which went into effect in 2007. It was challenged twice in the Ohio Supreme Court, and survived both times.

The signage, as you describe it, IS in violation of 9.68.

The BEST move is to simply advise the city council about both the sign and R.C. 9.68 and ASK THEM TO PLEASE REMOVE OR AMEND THE SIGNS.

Email has worked best for me.
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Tue Jul 08, 2014 10:33 am

Thanks MyWifeSaidYes.
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Re: Message to Site Coordinators Moderators Patrons

Postby Werz » Tue Jul 08, 2014 11:16 am

My guess is that the Village of Waverly will have a general reaction of "Oh, God! Not those people again!"
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"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Tue Jul 08, 2014 11:34 am

Werz wrote:My guess is that the Village of Waverly will have a general reaction of "Oh, God! Not those people again!"


I would say your guess is correct. About 5 years ago I left employment with the Village and came to my present job. I am thinking of drafting a letter to send to the law director and the Mayor. Anyone want to help me draft the language? :lol:
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Re: Message to Site Coordinators Moderators Patrons

Postby Werz » Tue Jul 08, 2014 11:46 am

AmendII71 wrote:
Werz wrote:My guess is that the Village of Waverly will have a general reaction of "Oh, God! Not those people again!"

I would say your guess is correct. About 5 years ago I left employment with the Village and came to my present job. I am thinking of drafting a letter to send to the law director and the Mayor. Anyone want to help me draft the language? :lol:

This is what I presented to the City of Alliance and the City of Wooster at their respective council meetings. Just fill in the appropriate rule/ordinance references.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Tue Jul 08, 2014 1:31 pm

Werz wrote:
AmendII71 wrote:
Werz wrote:My guess is that the Village of Waverly will have a general reaction of "Oh, God! Not those people again!"

I would say your guess is correct. About 5 years ago I left employment with the Village and came to my present job. I am thinking of drafting a letter to send to the law director and the Mayor. Anyone want to help me draft the language? :lol:

This is what I presented to the City of Alliance and the City of Wooster at their respective council meetings. Just fill in the appropriate rule/ordinance references.



Got it. Thanks!
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Tue Jul 08, 2014 1:58 pm

Am I authorized or approved to utilize OFCC as the sender of the letter? :D
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Re: Message to Site Coordinators Moderators Patrons

Postby BriKuz » Tue Jul 08, 2014 2:14 pm

These are the sections I found that are in violation (an case Amend missed them):

965.02 SKATE PARK RULES AND REGULATIONS.
(f) Firearms, fireworks or explosives of any kind are strictly prohibited in the skate park area.


965.01 RULES AND REGULATIONS.
(f) Firearms , fireworks or explosives of any kind are strictly prohibited.


Two separate entries... one for normal parks and one for the skate park.

375.03 CODE APPLICATION; PROHIBITED OPERATION.
(a) The applicable provisions of this Traffic Code shall be applied to the operation of snowmobiles, off-highway motorcycles, and all purpose vehicles; except that no snowmobile, off- highway motorcycle, or all purpose vehicle shall be operated as follows:
(6) While transporting any firearm , bow or other implement for hunting, that is not unloaded and securely encased;


Since certain pistols and rifles are authorized for hunting, but can also be used for self-defense purposes, this ordinance could be sued to charge a person who is merely taking a ride during hunting season.

And I would suggest sending the letter in your own name...
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Re: Message to Site Coordinators Moderators Patrons

Postby JediSkipdogg » Tue Jul 08, 2014 2:20 pm

BriKuz wrote:
375.03 CODE APPLICATION; PROHIBITED OPERATION.
(a) The applicable provisions of this Traffic Code shall be applied to the operation of snowmobiles, off-highway motorcycles, and all purpose vehicles; except that no snowmobile, off- highway motorcycle, or all purpose vehicle shall be operated as follows:
(6) While transporting any firearm , bow or other implement for hunting, that is not unloaded and securely encased;


Since certain pistols and rifles are authorized for hunting, but can also be used for self-defense purposes, this ordinance could be sued to charge a person who is merely taking a ride during hunting season.

And I would suggest sending the letter in your own name...


That part mirrors 4519.40 so IMO that one is allowed in their ordinances.

And I agree, I'd send it in your own name that way if you get nowhere, we have the next level which is OFCC send one.
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Re: Message to Site Coordinators Moderators Patrons

Postby BriKuz » Tue Jul 08, 2014 2:26 pm

Sorry, Jedi... missed that in RC
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Tue Jul 08, 2014 2:28 pm

Ok. I will send a letter in my own name first. Wish me luck, and thanks again for everyone's suggestions and tips. :wink:
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Re: Message to Site Coordinators Moderators Patrons

Postby MyWifeSaidYes » Tue Jul 08, 2014 3:26 pm

Be prepared to be patient.

:)
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Re: Message to Site Coordinators Moderators Patrons

Postby BriKuz » Tue Jul 08, 2014 3:53 pm

MyWifeSaidYes wrote:Be prepared to be patient.

:)


lmao... or at least more patient than I am!
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Re: Message to Site Coordinators Moderators Patrons

Postby AmendII71 » Mon Jul 14, 2014 10:25 am

Letter sent to Village Solicitor on 7/10/14.
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