My name is Jeffry Smith, from Cincinnati. I’m a firearms instructor and civil rights activist, generally focusing on matters related to firearms. I became interested in this matter because of personal contacts and from reading reports of others.
Here’s the bottom line of this e-mail:
Among other things, Dayton’s RTA falsely claims that public property, in the form of RTA’s land and buses, is private property. Perpetuating this falsehood, and against settled Ohio law, RTA has established rules/codes/etc. that disallow the legal carry of firearms on RTA’s property and buses.
Over the past few years, at a minimum, individuals including myself have informed RTA that their firearm prohibition is contrary to state law. Then as now, it seems, they have ignored/effectively ignored such communications or merely cited their “policy”.
It should be noted that the Cincinnati public transit authority has already examined matters such as this and has no restrictions on firearm carry.
So, at some point, legal action may be necessary to ensure that RTA complies with Ohio law.
Two things: 1) besides ccing RTA’s outside counsel (Jonathan Hollingsworth), you’ll note that I have also cced the Dayton Police (Chief’s assistant), the Montgomery County Sheriff, Dayton’s Law Director (secretary) & Chief Prosecutor, and the Montgomery County head criminal prosecutor, and 2) although some of the subject matter relates to both sidearms (handguns) and long arms (rifles & shotguns), unless otherwise noted, I will confine my remarks to sidearm (handgun) carry.
*** *** ***
* Recent activity *
On Tuesday, October 4, 2016 I drove to Dayton to visit the Transit Center adjacent to RTA headquarters. I was openly carrying a handgun in a holster and was fully aware of RTA’s “Rules of Road” and “Code of Conduct” (links below).
I asked to speak to a supervisor and was put in contact with Tony Nicely as well as a representative of Homeland Security. I asked Tony about RTA’s firearm policy and was told that RTA policy disallowed firearms. I asked for the name of Tony’s supervisor – Gerry Gustin, who wasn’t going to be in until 3PM or so. I asked whether the public was permitted to speak to the Board at the Board of Trustees meeting, also at 3PM, and Tony said “Yes”.
I left Tony and the HS representative and walked back towards my car, despite Tony’s protest that I could not have a gun on RTA’s property. I told him that it was perfectly legal for me to do so, and I said something to the effect that he would be told so soon enough, since I was sure the Board would rectify the situation.
Shortly before 3PM I disarmed and travelled to RTA’s third floor, where I signed up to speak. I noted that there was a manned video camera, so I asked if the proceedings were to be recorded – and was told “Yes”.
During my speaking time Mr. Hollingsworth acknowledged that RTA was a political subdivision. During my speaking time or just afterward, Mark Donaghy (RTA’s CEO) acknowledged being in receipt of multiple communications regarding the subject of RTA’s prohibitory firearm policy. After the meeting adjourned Mr. Donaghy told me that RTA’s “policy” prohibited firearms. He would not address the legalities of the matter.
After leaving the meeting I went downstairs and saw Tony Nicely again. I asked him to summon the Dayton Police. He did so and we all met outside. I’ll save myself typing the entirety of the conversation, but Detective William Swisher of the Dayton Police told me I’d be cited for trespassing if I were to retrieve my sidearm from my car and return to RTA property with it. Det. Swisher suggested I instead contact Stephanie Cook, Dayton’s Chief Prosecutor, and gave me her phone number.
Dayton officer Gabbard, who was with Det. Swisher, insisted that RTA property was private property. Gabbard, who evidently fancies himself an opinion enforcement officer, rather than a law enforcement officer, in addition to saying (essentially) “You’re not even from around here!”, questioned my motives. I will be filing a formal complaint regarding Officer Gabbard’s conduct.
I have an audio recording of all my interactions with the various people identified above.
* Ohio firearms law primer *
1) Ohio has “preemption” in matters related to firearms. What that means in layman’s terms is that Ohio’s firearm laws (Federal laws are another subject) are set at the *state* level. No lower level government or government entity can establish laws, rules, or regulations in addition to or more strict than state firearm laws.
2) Ohio’s firearm preemption law is ORC (Ohio Revised Code) 9.68:
http://codes.ohio.gov/orc/gp9.68" onclick="window.open(this.href);return false;
3) Note that ORC 9.68 provides: “(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.”
4) A common term for a “lower level government or government entity” is “political subdivision”.
5) Dayton’s RTA (Miami Valley Regional Transit Authority) is a political subdivision.
- Various references to the establishment and operation of a county transit system, ORC 306.01 +:
http://codes.ohio.gov/orc/Search/306.01" onclick="window.open(this.href);return false;
- ORC 306.31: “… A regional transit authority so created is a political subdivision of the state…”
http://codes.ohio.gov/orc/306.31" onclick="window.open(this.href);return false;
- Montgomery County web page:
http://www.mcohio.org/government/electe ... _gdrta.php" onclick="window.open(this.href);return false;
6) ORC 9.68 and/or its preemptive power has been part of two cases decided by the Ohio Supreme Court:
- City of Cleveland Vs State of Ohio:
http://www.sconet.state.oh.us/rod/docs/ ... o-6318.pdf" onclick="window.open(this.href);return false;
- Ohioans for Concealed carry Vs City of Clyde:
http://www.sconet.state.oh.us/rod/docs/ ... o-4605.pdf" onclick="window.open(this.href);return false;
7) Ohio law allows for concealed or open handgun carry in/on motor vehicles by those who possess an Ohio License to Carry a Concealed Handgun, or its recognized equivalent
8.) Ohio law allows the open carry of firearms on public property open to the public by those who can legally possess a firearm
* Conclusion *
RTA has no credibility - their claim of “private property” and their multi-year inaction once alerted to their violation of the law provides plenty of evidence. Furthermore, based on my readings and personal experience, it’s clear to me that RTA, with or without the approval of the Board, has been engaged in a multi-year conspiracy to deny individuals of their rights under the law. I have no idea whether or not this apparent conspiracy involves the Dayton Police, the Montgomery County Sheriff, or the respective prosecutors.
On Wednesday I sent two e-mails to Mr. Hollingsworth, the contents of which I would be glad to share with interested parties. They describe, in part, the outcome and records I’m seeking.
I have attached a few photos taken at the Wright Transit Center.
Cordially,
Jeffry Smith
xxx-xxx-xxxx
http://www.i-riderta.org/about-rta/resources/2356.PDF" onclick="window.open(this.href);return false; (Rules of Road)
http://www.i-riderta.org/about-rta/resources/2355.PDF" onclick="window.open(this.href);return false; (Code of Conduct)
RTA’s outside counsel
Jonathan Hollingsworth
xxx-xxx-xxxx
JHollingsworth@xxxxxx.com
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)
Got Freedom?
Accountant, Computer & Management Consultant
Scuba Diver, NRA Life Member, NRA Instructor