Concealed carry in a small city park.

[tristar viper]

My wife and I take our dogs to a very small city park in Seville, Ohio where there's a bike/walking trail. There are no posted signs of any kind prohibiting a firearm in there. Yesterday I took my P238 along when we went and my wife informs me that I am breaking the law by carrying in that park. I told her she is wrong. So I got out my handy dandy little book that we got in our CCW class, but I see nothing specific about city parks really.
I think I'm perfectly legal in carrying there, so am I correct?

[spclPatrolGroup]

As far as I know, a city government cannot regulate where you can or cannot carry a gun, it has to be done at the state level, so you are probably right, but you did not say what state you were in.

[javabum]

Yes he did............My wife and I take our dogs to a very small city park in Seville, Ohio......

If Ohis isint a state then what is........

[Ichiban]

If I don't have to go through a pat down search or metal detectors, I will probably be armed. I don't want to be the only one obeying the law if SHTF.

[Dave85]

Hello, neighbor. It's been a while since I carried in Ohio, but the last time I brushed up on your laws, they were pretty close to ours (MI) in most respects. Unless it is a prohibited place, or it is posted as a "no guns" zone, you are good to go. What was your wife's reasoning in thinking that you were not in compliance?

[tristar viper]

I think she just has gotten mis-informed somewhere along the way, and thinks that any park, city or otherwise, is off limits to carry.

[benzuncle]

Tristar, a lot of great SD firearms are spending their lives in a safe. You bought our SIG P238 for SD; you have a concealed carry permit. Always carry; never tell.

BTW: I use a DeSantis Nemesis pocket holster, the Superfly for concealed carry. The removable outside flap works great on the inside as a cover for the safety. The Nemesis is very sticky and stays in place nicely. Nice piece, that P238, eh?

[Misssissippi Dave]

Many states do state you can't carry in a public park during certain public events such as rallies and marathons. That may have been what she was remembering. Walking in a park especially after dark is not some place I would want to be unarmed. I normally carry anytime I take the dogs for a walk too.

[denfoote]

Why the hell do you think they call it a CONCEALED WEAPON for God's sake???

[bamaranger]

Seems like when the National Parks changed their carry laws to favor CC if otherwise legal, this past winter, there was an uproar of sorts, and some liberal municipalities passed local ordinances as a knee jerk reaction prohibiting firearms in "their" parks. I remember a full in a city park in TN, Nashville area.

That is strictly a recollection. I would check locally very carefully. A legal entanglement may cost you your CC permit. If in fact, you cannot legally carry, I would walk my dog elsewhere and be armed.

[Nasty]

This *ought* to be moved to the Law and Civil Rights forum...might great better responses there.

I live and CCW in Ohio. There are no prohibitions as far as I know aside from the usual of schools, courts, PD, alcohol, marked, etc. A public park would be a carry zone to me as well.

[shootingblanks]

Hello fellow Sig owner. I live in Cuyahoga Falls, Ohio and have a CCW. As far as I know there are no prohibitions aside from the usual (schools, courts, PD, places that serve alcohol, marked, etc. A public park would be a carry zone to me and I have exercised that privilege.

[spclPatrolGroup]

Some cities pass ordanances against possesing a firearm in some location, however these laws are invalid since they do not have the right to do so, like the recent Chicago and DC handgun ban, it must be done at teh state level, however, the state may have laws regulating such things.

[Sefner]

A public park would be a carry zone to me and I have exercised that right.

Fixed that for you

A question from your neighbor to the north, does Ohio have a pre-emption statute? Michigan does, it says that only the State can create firearms regulations and that no local unit of government can.

[Support_and_Defend]

Some cities pass ordanances against possesing a firearm in some location, however these laws are invalid since they do not have the right to do so, like the recent Chicago and DC handgun ban, it must be done at teh state level, however, the state may have laws regulating such things.

This is not true at all. The Heller v. DC and McDonald v. Chicago only had to do with the citys' bans on handgun possession in a person's own home. The cases had nothing to do at all with a city's ability to regulate the carrying of firearms in public places - yet. Hopefully it will be coming sometime in the future, but hasn't happened yet. It depends upon state laws whether or not a city/county may enact local ordinances banning the carrying of firearms. Look up the word preemption.

[Support_and_Defend]

Originally Posted by tristar viper

I think I'm perfectly legal in carrying there, so am I correct?

Yes, you are correct. Ohio state law does not prohibit carrying firearms in parks. HB-12, enacted into law by the legislature over the veto of Governor Taft enacted statewide preemption of the carrying of firearms by license holders:

http://www.legislature.state.oh.us/b...m?ID=125_HB_12

SECTION 9. The General Assembly finds that licenses to carry concealed handguns are a matter of statewide concern and wishes to ensure uniformity throughout the state regarding the qualifications for a person to hold a license to carry a concealed handgun and the authority granted to a person holding a license of that nature. It is the intent of the General Assembly in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code to enact laws of a general nature, and, by enacting those laws of a general nature, the state occupies and preempts the field of issuing licenses to carry a concealed handgun and the validity of licenses of that nature. No municipal corporation may adopt or continue in existence any ordinance, and no township may adopt or continue in existence any resolution, that is in conflict with those sections, including, but not limited to, any ordinance or resolution that attempts to restrict the places where a person possessing a valid license to carry a concealed handgun may carry a handgun concealed.

[RickE]

The city of Seattle has banned c/c on all city property. Parks, indoor and outdoor facilities. One accidental (non life threatening) injury and the stinking liberal mayor slammed this in before he was replaced. The State of Washington Attorney General has warned the city that they can not pass any laws strickter than the State laws. It will be in court soon.

[Support_and_Defend]

Originally Posted by RickE

The city of Seattle has banned c/c on all city property. Parks, indoor and outdoor facilities. One accidental (non life threatening) injury and the stinking liberal mayor slammed this in before he was replaced. The State of Washington Attorney General has warned the city that they can not pass any laws strickter than the State laws. It will be in court soon.

You don't follow the news much at all, do you? On Friday, FEBRUARY 12, 2010, King County Superior Court Judge Catherine Shaffer ruled that the Seattle gun ban enacted by ex-mayor Nickels violated the Revised Code of Washington, was preempted by state law, was immediately null and void, and ordered the city to remove all gun ban signs within 30 days.

We presented one of the removed signs to one of the main plaintiffs in that case at a recent open carry picnic event in Seattle.

[therealdeal]

'viper', check out 'support+defend's' recent post from 9/8/10. also check out www.handgunlaw.us and click on Ohio. ricke you're way off(but it happens; its not easy to follow it all the time). you can carry:

Carry In State Parks/State & National Forests/WMA/Road Side Rest Areas
Carry Allowed in these Areas:
State Parks: YES Buildings are off limits unless used as a comfort station. Restrooms outside of
regular buildings, Picnic Shelters and other outdoor type covered areas used
for comfort.
State/National Forests: YES Buildings are off limits. (See State Parks for buildings Off-Limits)

sorry for late post; I found this thread interesting. earlier this year CCW became much more legal in parks, forests, wildlife refuges, etc, etc. it has already come in handy. one example from alaska 2010 right after ban lifted in Denali Park, a man protected himself and wife from a charging grizzly w/9shots deadon from his semiautomatic