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To: Park Managers and Park Rangers

From: Lawrence J. Peck

Date: December 30, 2010

RE: Supreme Court Decision and Park Rule 3.0

 

Yesterday, the Ohio Supreme Court issued a decision in a case out of Cleveland that holds that recent legislative activity and ORC 9.68 are general laws and therefore not in violation of the Ohio Constitution’s Home Rule provisions. ORC 9.68 states in part “except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase…or keep any firearm, part of a firearm, its components, and its ammunition.” Thus, local government ordinances regarding the possession of firearms are displaced by this ruling and we will interpret that to include portions of Park Rule 3.0 that deal with firearms. We will need to redraft this rule and that will take some study and time.

 

In the meantime, Metro Parks will take the following position which we believe is consistent with the law. Park Rule 3.0 will remain in place and be enforced relative to dangerous weapons other than firearms. The prohibition on firearms in specific structures (either carried openly or in a concealed manner) shall remain in place and our signage shall remain (ORC 2923.1212). The requirements placed on those individuals carrying concealed weapons and possessing a concealed weapon permit shall remain in place as articulated in Park Rule 3.0 and state statute.

 

The major change will be in regard to open carry of firearms throughout the parks which is now without question legal in the State of Ohio. Possession of a firearm shall not be considered reasonable suspicion or probable cause for an enforcement approach absent other circumstances that would indicate criminal behavior. This may need to be communicated to other park visitors if they express concern about somebody else possessing a weapon in the park.

 

As always, please assess the situation and place your safety and that of park visitors as a high priority. If circumstances do indicate a potential crime is occurring involving a firearm we should call for backup from local law enforcement before approaching the situation. Similarly, tactical retreats may be a good solution when situations develop in your presence. Finally, I would ask managers to look through the parks for signage that might not be consistent with this guidance and take appropriate action to bring signs in alignment with public policy.

 

If you have questions, please don’t hesitate to contact me.

 

 

If you didn't know, the Metro Parks in Columbus had banned open carry which is in violation of ORC 9.68. A coordinator at OFCC had a meeting with the director today and he has since issued this letter to all employees.

 

I'm not a huge advocate for OC, but it's nice to have the choice.

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open carry is a joke. cant you get arrested for "inducing panic" if someone sees you carrying and calls the cops?

 

Technically? Sure you could be arrested, by an untrained LEO. Legally? They have no legal reason to arrest you.

 

2317.31 Inducing panic.

 

(A) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that such report or warning is false;

(2) Threatening to commit any offense of violence;

(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

(B) Subsection (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

© Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree.

(D) This section shall not apply if a violation of this section results in physical harm to any person. (ORC 2917.31; Ord. 2535-94.)

 

So can you open carry in ANY park?

 

This letter was just towards Columbus Metro Parks b/c they have had signs and rules against open carry. Althought 9.68 would mean any public park that isn't classified as a CPZ, school park, church park, etc. Basically means city or city division can't override state laws.

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