Wyman Park - McArthur Village Ordinance

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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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Wyman Park - McArthur Village Ordinance

Postby Bit » Tue Dec 29, 2015 8:53 am

From the Vinton County Courier - 21 Dec 2015


McArthur Village Council has voted to make Wyman Park a gun-free zone, recently passing an ordinance banning firearms and other "deadly weapons" from the area.

The ordinance states the ban will help "preserve the public health, safety and welfare" at Wyman Park, which the village owns and maintains. This ban prohibits all firearms, "whether concealed or not concealed."

McArthur mirrored similar Ohio Revised Code language outlining "deadly weapons" and "dangerous ordnances." Items other than firearms like explosives and ballistic knives are included in this ban.

The weapons ban is a minor misdemeanor and can include fines of up to $150 per offense.

The vote, conducted at a recent Dec. 16 meeting, was unanimous in favor of a ban (Councilwoman Misty Napier was not present). Mayor James Wooddell has also supported the ordinance.

Wyman Park hosts community events throughout the year and has been a regular place in 2015 for the village to celebrate its bicentennial.



Copy of the article http://www.vintoncourier.com/news/mcarthur-bans-all-firearms-deadly-weapons-in-wyman-park/article_354fa7cc-d291-55cc-ba92-de51931de952.html

The village council meets on the third Wednesday of each month at 7 p.m. in the Village Hall

Mayor James Wooddell 740.957.9975

Vinton County Courthouse & Commissioners Office
100 E Main St
McArthur, Ohio 45651
740.596.4571
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Re: Wyman Park - McArthur Village Ordinance

Postby Face » Tue Dec 29, 2015 10:31 am

The article allows comments (Facebook) .
Totally useless, waste of space, irrelevant, sig.
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Re: Wyman Park - McArthur Village Ordinance

Postby AlanM » Tue Dec 29, 2015 10:59 am

What's the current situation in Oberlin? I Googled that and found a news article that stated that the Oberlin city council is claiming they won.

I was going to suggest that the McArthur Village council contact Oberlin and find out what happens when they try this crap.
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Re: Wyman Park - McArthur Village Ordinance

Postby docachna » Tue Dec 29, 2015 12:20 pm

AlanM wrote:What's the current situation in Oberlin? I Googled that and found a news article that stated that the Oberlin city council is claiming they won.


Might that be this ????

http://oberlinreview.org/8094/news/council-wins-gun-lawsuit/
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Re: Wyman Park - McArthur Village Ordinance

Postby Cruiser » Tue Dec 29, 2015 12:51 pm

docachna wrote:
AlanM wrote:What's the current situation in Oberlin? I Googled that and found a news article that stated that the Oberlin city council is claiming they won.


Might that be this ????

http://oberlinreview.org/8094/news/council-wins-gun-lawsuit/

https://www.facebook.com/vintoncourier/?fref=ts
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Re: Wyman Park - McArthur Village Ordinance

Postby MyWifeSaidYes » Tue Dec 29, 2015 11:54 pm

Since I'm about 15 miles due north of McArthur, I'll make some calls and stop in tomorrow.

Tried calling the Village Solicitor to leave a message regarding "Ohioans for Concealed Carry, Inc. v. Clyde" but they apparently don't have an answering machine.

If I can't get any traction in a very short time, I'll be open carrying in Wyman Park by early afternoon and, with any luck, have a minor misdemeanor charge by end of the business day.

:twisted:
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Re: Wyman Park - McArthur Village Ordinance

Postby AlanM » Wed Dec 30, 2015 6:54 am

If anybody in the town council and bothered to Google something like "carry guns in ohio parks" they would realize that they were in violation of Ohio state law and about to kick over an ant's nest that would not bode well for them politically.

Third result from that search is this:
Cities can't ban guns from parks, Ohio Supreme Court rules
The title says it all.

If the voters in that township find out what it could cost them if they end up going to court and lose I suspect that the town council will soon sport an entire new set of faces.
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Re: Wyman Park - McArthur Village Ordinance

Postby MyWifeSaidYes » Wed Dec 30, 2015 9:03 am

AlanM wrote:...

If the voters in that township find out what it could cost them if they end up going to court and lose I suspect that the town council will soon sport an entire new set of faces.


There are fewer than 800 households in that village.

I can contact every one of them by mail when my tax refund shows up, if needed.

:twisted: :mrgreen:
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Re: Wyman Park - McArthur Village Ordinance

Postby sig p516 » Wed Dec 30, 2015 9:41 am

This is the reason I finally joined... :D
I wanted to bring this to someone's attention.
When it begins to hit close to home, it finally dawns on you that this stuff really matters to everyone.
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Re: Wyman Park - McArthur Village Ordinance

Postby AlanM » Wed Dec 30, 2015 10:26 am

MyWifeSaidYes wrote:
AlanM wrote:...

If the voters in that township find out what it could cost them if they end up going to court and lose I suspect that the town council will soon sport an entire new set of faces.


There are fewer than 800 households in that village.

I can contact every one of them by mail when my tax refund shows up, if needed.

:twisted: :mrgreen:


LOL! Use bulk mail. I'll be cheaper.
Make sure you point out what Cleveland was told to pay OFCC, their attorney, and the court costs.

Actually at the 2010 census, there were 1,701 people, 700 households and 451 families residing in the village. And decreasing, down 10% in 10 years.
(From https://en.wikipedia.org/wiki/McArthur,_Ohio)

From: http://www.vintoncounty.com/vinton-county-villages.html (click the McArthur tab)
McArthur - Located in the center of Vinton County, McArthur serves as the county seat. The town is home to the County Courthouse, a grocery store, pharmacy, dollar stores, a fitness center and a newspaper as well as several other businesses. It sits at the intersection of St. Rt. 93 and U.S. 50 and sees much commercial traffic as a result. The town is conveniently located close to several state parks and forests making it easy to break away for a little recreation.

The county’s consolidated high school and junior high school are located in McArthur along with one of the county’s three elementary schools. The Sheriff’s Department, Health Department and EMS station are also located here. An active volunteer fire department serves McArthur and much of the surrounding area. According to the 2010 Census, McArthur’s population is 1,701.

The town’s mayor is Jim Woodell. The village council meets on the third Wednesday of each month at 7 p.m. in the Village Hall.

Note: I redacted the town council list and their phone numbers. It includes the town Solicitor
Last edited by AlanM on Wed Dec 30, 2015 10:47 am, edited 1 time in total.
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Re: Wyman Park - McArthur Village Ordinance

Postby MyWifeSaidYes » Wed Dec 30, 2015 10:39 am

My email to the reporter who wrote the article, Tyler Buchanan:

Dear Tyler-

You recently wrote a story regarding the Village of McArthur passing an ordinance banning firearms from Wyman Park.

I'll be contacting the village today to see if anyone has yet pointed out to them that what they have done is illegal in Ohio.

If not, I'll let them know that Ohio preempted all firearm laws below the state level, other that 'usage', back in 2007. That is codified as Revised Code 9.68, a General Law of the state.

I'll also provide them with the relevant case law that their Village Solicitor apparently missed, "Ohioans for Concealed Carry v. Clyde" and "Cleveland v. State, 2010".

As a 2nd Amendment advocate and activist, a firearms instructor and an avid open carrier, I'm happy to dedicate my time to correcting this "oversight".

Since the village does not have on-line access to their codified ordinances, the pro-gun community would not have known about McArthur's illegal ordinance without the article that you wrote.

Thank you!

Sincerely-

"MWSY"
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Re: Wyman Park - McArthur Village Ordinance

Postby MyWifeSaidYes » Wed Dec 30, 2015 10:45 am

Finally got someone to give me the phone number to Town Hall and I was able to get the clerk's email address.

I find it a bit funny that they have a new mayor starting 1/1/16. This gets dumped in his/her lap. :?

This is what I just sent:

Dear Mayor, Mayor-Elect, Council members and Village Solicitor-

I just found out on 12/29 that the McArthur village council passed an ordinance banning firearms from a village park.

Such an ordinance is illegal under state law, specifically R.C. 9.68.


As provided for in that statute, THE VILLAGE WILL HAVE TO PAY COSTS AND ATTORNEY FEES TO ANYONE WHO SUES BECAUSE OF YOUR ILLEGAL ORDINANCE.


PLEASE, PLEASE, PLEASE PROTECT YOURSELVES AND TAXPAYER MONEY AND IMMEDIATELY ORDER THE POLICE DEPARTMENT TO NOT ENFORCE THIS ORDINANCE !!!



Hopefully this is just an oversight on the part of your solicitor, as the case law is well established. You may want to ask your solicitor to review:

- Ohio Revised Code 9.68, a General Law of the state

- "Cleveland v. State, 2010", a case confirming the consitutionality of R.C. 9.68

- "Ohioans for Concealed Carry v. Clyde", a case specifically involving gun bans in municipal parks

For your convenience, I have attached a copy of each to this email.

Thanks for your time.

"MWSY"
Ohio's Friendliest Compliance Counsellor
December 30, 2015
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Re: Wyman Park - McArthur Village Ordinance

Postby pirateguy191 » Wed Dec 30, 2015 11:34 am

^^^^ Good stuff.
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Re: Wyman Park - McArthur Village Ordinance

Postby Javelin Man » Wed Dec 30, 2015 11:38 am

Well said, MWSY! I'm glad you're on our side.

That should get the attention of everybody and create change quickly.
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Re: Wyman Park - McArthur Village Ordinance

Postby JediSkipdogg » Wed Dec 30, 2015 11:47 am

AlanM wrote:What's the current situation in Oberlin? I Googled that and found a news article that stated that the Oberlin city council is claiming they won.

I was going to suggest that the McArthur Village council contact Oberlin and find out what happens when they try this crap.


Like every other case, it loses at the lower courts as they are more in with the local folks than we are. So it must be appealed.
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