Lock 3 Akron posted

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: Chuck, Mustang380gal, Coordinators, Moderators

Forum rules
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.

READ THIS BEFORE POSTING
hairtrigger
Posts: 25
Joined: Thu Feb 06, 2014 7:18 pm
Location: Summit Coounty, Ohio

Lock 3 Akron posted

Post by hairtrigger »

This park has been posted for a long time. It is clearly posted at every entrance.
Image

Image
User avatar
djthomas
Posts: 5961
Joined: Sun Jan 22, 2006 11:09 am

Re: Lock 3 Akron posted

Post by djthomas »

Interesting. So I think the only sign that is really valid is the no skateboarding sign. From what I can tell Lock 3 is not private property, so the no guns sign is out (though it might apply to certain buildings). It is also specifically not against the ORC to smoke outside of a building, so claiming that smoking is prohibited under the Ohio smoking ban is flat wrong too.

IIRC there is a "park" in downtown Columbus that is actually privately owned and they've got signs at every entrance as well. Perhaps a similar arrangement is going on here, although the fact that skateboarding is prohibited by the service director makes me think it's definitely a public park.
User avatar
JediSkipdogg
Posts: 10257
Joined: Sun Jul 27, 2008 3:03 pm
Location: Batavia
Contact:

Re: Lock 3 Akron posted

Post by JediSkipdogg »

According to the Summit County Auditor's web page it's owned by the City of Akron.
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
Posts: 5506
Joined: Sun Aug 16, 2009 2:37 am

Re: Lock 3 Akron posted

Post by Werz »

JediSkipdogg wrote:According to the Summit County Auditor's web page it's owned by the City of Akron.
Yes, I noticed that earlier. I just wasn't sure about the signs. Is anyone doing compliance letters?
"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.
User avatar
xracer
Posts: 120
Joined: Wed Feb 01, 2012 7:07 pm
Location: Akron

Re: Lock 3 Akron posted

Post by xracer »

Thanks, just posted this last week but didn't have the photo...
Keep your eyes on the road and the rubber side down.
User avatar
Werz
OFCC Patron Member
OFCC Patron Member
Posts: 5506
Joined: Sun Aug 16, 2009 2:37 am

Re: Lock 3 Akron posted

Post by Werz »

xracer wrote:Thanks, just posted this last week but didn't have the photo...
The image is appreciated. I was fairly sure that Lock 3 Park had gunbuster signs, but I wasn't certain, and I could not remember how they read.

These signs are the ones which beg for a dialogue with city officials. They start out with "hedge words": "Unless otherwise authorized by law, pursuant to the Ohio Revised Code ..." The city officials can then say, "Oh, if you have a concealed handgun license, then you are otherwise authorized by law!" That's when an open carry event may be necessary to test their compliance with R.C. 9.68. Somebody needs to send an email to city officials to tie down their position on this issue.
"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.
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Lock 3 Akron posted

Post by MyWifeSaidYes »

I just sent the following to the email address on their web site at http://www.lock3live.com/" onclick="window.open(this.href);return false; to see what kind of response I might get:
I was wondering if the "no guns" signs and policy at Lock3 are in violation of Ohio Revised Code 9.68.

Could you please let me know?

Thanks!

-"MWSY"
December 13, 2014
I'll follow up with city council if needed.
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Lock 3 Akron posted

Post by MyWifeSaidYes »

No response to my email so I gave them a call today.

The park manager claims that, according to their law director, they are a "venue" which is the same as a "building". :?

The manager also pointed out that they have a liquor license and that "...you can't carry a gun here, just like you can't carry a gun into a bar."

She seemed a bit bewildered when I explained that our 'Restaurant Carry' law applied to bars AND her open-air "venue".

I told her I would take up the issue with their law director regarding "venue" versus "building".

Before doing so, I thought I would check R.C. 2923.121. When I did, I experienced some confusion in reading 2923.121(A):
(A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
I see two possible meanings of this sentence, depending on how you separate the clauses.

This one is okay:

(A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.

This one, not so much:

(A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.

Regarding an OPEN CARRIER without a CHL, the first interpretation suggests that someone must be consuming alcohol in an open-air arena before that arena is off-limits to the unlicensed OC'er.

The second interpretation suggests that an open-air arena is off-limits to the unlicensed carrier even if alcohol is NOT being consumed by someone in the arena.

Any thoughts?
MyWifeSaidYes
User avatar
djthomas
Posts: 5961
Joined: Sun Jan 22, 2006 11:09 am

Re: Lock 3 Akron posted

Post by djthomas »

Hmm .. I wonder what private entity is in perpetual lease of the park to be allowed to post ... I did a quick search of liquor permits assigned to South Main St in Akron and didn't come up with any.
soberbiker
Posts: 279
Joined: Sat Jun 21, 2014 4:11 pm
Location: lorain

Re: Lock 3 Akron posted

Post by soberbiker »

What about section (B) (1) (E)??? It specifically exempts ccw as long as one isn't drinking.
User avatar
catfish86
OFCC Patron Member
OFCC Patron Member
Posts: 2571
Joined: Sun Aug 14, 2011 12:44 pm

Re: Lock 3 Akron posted

Post by catfish86 »

When I frequented downtown Akron I noticed that several municipal run parking garages were posted. At the courthouse I asked a deputy at the metal detector if someone with a concealed weapon permit storing there pistol in a trunk would be a violation, he shrugged and didn't answer. My point being that Akron and Summit County are less than respectful of concealed carry and firearms laws that limit their authority.
God,
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.

Carrying a gun is a right, not a crime.

Gun control is racist.
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Lock 3 Akron posted

Post by MyWifeSaidYes »

djthomas wrote:Hmm .. I wonder what private entity is in perpetual lease of the park to be allowed to post ... I did a quick search of liquor permits assigned to South Main St in Akron and didn't come up with any.
No intermediate entity. Straight up Akron owned and managed.

The D permit is probably issued to city hall.
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Lock 3 Akron posted

Post by MyWifeSaidYes »

soberbiker wrote:What about section (B) (1) (E)??? It specifically exempts ccw as long as one isn't drinking.
THAT'S the part that that made the manager (Tish) seem bewildered. I didn't discuss specific sections of the law with her.
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Lock 3 Akron posted

Post by MyWifeSaidYes »

catfish86 wrote:When I frequented downtown Akron I noticed that several municipal run parking garages were posted. At the courthouse I asked a deputy at the metal detector if someone with a concealed weapon permit storing there pistol in a trunk would be a violation, he shrugged and didn't answer. My point being that Akron and Summit County are less than respectful of concealed carry and firearms laws that limit their authority.
Can you give me more info about those garages? :twisted:
MyWifeSaidYes
User avatar
catfish86
OFCC Patron Member
OFCC Patron Member
Posts: 2571
Joined: Sun Aug 14, 2011 12:44 pm

Re: Lock 3 Akron posted

Post by catfish86 »

MyWifeSaidYes wrote:
catfish86 wrote:When I frequented downtown Akron I noticed that several municipal run parking garages were posted. At the courthouse I asked a deputy at the metal detector if someone with a concealed weapon permit storing there pistol in a trunk would be a violation, he shrugged and didn't answer. My point being that Akron and Summit County are less than respectful of concealed carry and firearms laws that limit their authority.
Can you give me more info about those garages? :twisted:
Haven't been up there in a while, but the Summit County parking garage across High Street from the Courthouse, the parking garages under FirstMerit Bank/PNC are municipal owned, run by a contractor.
God,
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.

Carrying a gun is a right, not a crime.

Gun control is racist.
Post Reply