City of Findlay

[MyWifeSaidYes]

Found this:

http://www.ci.findlay.oh.us/uploads/fil ... ndregs.pdf" onclick="window.open(this.href);return false;

Possession of Firearms, Weapons
With the exception of individuals properly licensed to carry a concealed handgun
under Ohio Revised Code Section 2923.125, no person shall have or carry any
firearm, gun, pistol, stun gun, switchblade, hunting knife, slingshot, metal knuckles,
nunchucks, and other martial arts weapons, or any potentially dangerous lethal
instrument or weapon on or about his/her persons or under his/her control in any
City Park or Facility.

Sent this to City Council:

I was just looking at the Park Rules, a PDF file listed on the city's web site.

I noticed that firearms are not permitted in Findlay parks unless you have a Concealed Handgun License (CHL).

This rule puts the city at risk to a lawsuit as it violates R.C. 9.68.

I would recommend Council immediately start the procedure necessary to change the park rules to allow the open carry of firearms in open areas of parks.

The cases to reference are:

Ohioans for Concealed Carry, Inc. v. Clyde, 120 Ohio St.3d 96, 2008-Ohio-4605

and

Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318

Thanks!

-"MWSY"
Ohio's Friendliest Compliance Counselor
July, 31, 2014

[JustaShooter]

Far be it for me to critique your excellent work MWSY, but you didn't mention that open carry doesn't require a CHL.

[MyWifeSaidYes]

Done on purpose.

Gotta give 'em enough rope to hang themselves.

[JustaShooter]

Gotta give 'em enough rope to hang themselves.

Sorry, I thought the purpose was to get them to fix it, and preferably to get it right the first time.

[MyWifeSaidYes]

Sorry. Forgot to give the back story.

Another forum member contacted this city previously and got the brush-off from the city law director.

I actually want the law director to bring up the topic of open carry vs. CHL.

I'm in a mood where I want to call someone an idiot. Loudly. In public.

So, who's coming to the next Findlay city council meeting?

[Javelin Man]

I don't care, I have my CHL so I can carry my metal knuckles and switchblade.

[medmandan]

Close enough for me for a park day unlike most of them if nothing positive happens.

[JustJack]

Sorry. Forgot to give the back story.

Another forum member contacted this city previously and got the brush-off from the city law director.

Oo..oo...*waves hands wildly* THAT WAS ME!!!

Don't forget this part:

Possession of Firearms in Park Structures
No person shall knowingly possess, have under their control, carry or attempt to
convey any firearm, deadly weapon, or dangerous ordnance in any building or
structure in any City Park including, but not limited to, permanent rest rooms, shelter
houses, pool bath house, CUBE, or Marathon Diamonds

And I found this in the rules and regs for the City owned above ground reservoir
http://www.findlayohio.com/uploads/File ... 032310.pdf
Section 4b.

b) No person may have, carry, or use any firearm or dangerous ordinance on Reservoir property
except while engaged in lawful hunting of waterfowl.

[JustJack]

Heard anything back on this MWSY?

[HancockCountyHAl]

Heard anything back on this MWSY?

I just found this thread and am curious, too.

[MyWifeSaidYes]

While the document in question still exists, it is not currently being used and does not appear to be accessible through the city's website.

The only ordinance I see a problem with is 123.02

123.02 AUTHORITY IN A CIVIL EMERGENCY.

(a) Whenever the Mayor determines that an emergency exists as a result of any natural disaster or man-made calamity, or clear and present danger thereof, or riot, insurrection, mob action or other civil disturbance causing danger of injury or damage to persons or property, the Mayor shall have the power to impose by proclamation any or all of the following regulations necessary to restore the peace and order of the City:

...
(6) Prohibit or restrict the sale, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever;

(7) Order the closing of any and all establishments or portions thereof engaged in the sale, distribution, dispensing or giving away of firearms or ammunition;

(8) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
...

The only authority the mayor would have to do so is in a cordoned off area during a riot: http://codes.ohio.gov/orc/3761.16" onclick="window.open(this.href);return false;

[JustJack]

While the document in question still exists, it is not currently being used and does not appear to be accessible through the city's website.

The only ordinance I see a problem with is 123.02

123.02 AUTHORITY IN A CIVIL EMERGENCY.

(a) Whenever the Mayor determines that an emergency exists as a result of any natural disaster or man-made calamity, or clear and present danger thereof, or riot, insurrection, mob action or other civil disturbance causing danger of injury or damage to persons or property, the Mayor shall have the power to impose by proclamation any or all of the following regulations necessary to restore the peace and order of the City:

...
(6) Prohibit or restrict the sale, distribution, dispensing or giving away of any firearms or ammunition of any character whatsoever;

(7) Order the closing of any and all establishments or portions thereof engaged in the sale, distribution, dispensing or giving away of firearms or ammunition;

(8) Prohibit or restrict the carrying or possession on the public streets or public sidewalks or in any public park or square or any other public place a weapon or any object intended to be used as a weapon, including, but not limited to, firearms, bows and arrows, air rifles, sling shots, knives, razors, broken bottles, fire bombs, missiles of any kind, clubs, blackjacks, billies, chains or similar items;
...

The only authority the mayor would have to do so is in a cordoned off area during a riot: http://codes.ohio.gov/orc/3761.16" onclick="window.open(this.href);return false;

That's the ord I asked about the first time. Here's the response I got back:

Mr. XXXX:



Thank you for the question and voicing your concerns. I am aware that this very issue was addressed by the Ohio Supreme Court in the case of Cleveland v. State of Ohio (2010). I agree that the Cleveland case preempts the enforcement of many of the actions set forth in 123.02 (6) and (8). However, the “emergency” contemplated in this section of our code would generally give rise to a request for state or federal assistance i.e. National Guard etc. which may or may not enjoy or employ that authority. The actions you speak of will not be authorized by the Mayor.



Feel free to contact me if you have any other questions or concerns regarding this matter.

Reads to me as saying "Yeah, you're right, we can't enforce that rule, but since it would be an emergency and the Governor/Nat Guard would be calling the shots, they may have the authority to do it, so we'll leave it on the books anyway.