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Gun policy may counter law
(by Joseph Koziol Jr. - August 10, 2012)
Gun policy may counter law
By JOSEPH KOZIOL JR.
A Chardon Township resident questioned last week whether a rule regarding firearms in the township park is in violation of state law.
Peter Reck, an Arbor Glen Drive resident, said the rule, prohibiting unauthorized carrying of weapons in the park, appears to be in direct violation of state law. That rule, listed as No. 11 of 19, states that “unauthorized persons shall not carry concealed weapons, nor shall they have on or about their person dangerous or deadly weapons in the park.”
The rules were approved by township trustees about two years ago, although they were not posted in the park until this year.
“Ohio is an open-carry state,” Mr. Reck said.
Trustee Chairman Michael Brown said he is sensitive to the issue because he is a licensed conceal-carry holder.
The township will request that the Geauga County Prosecutor’s Office review the wording to make sure it complies with the law’s requirements, said Township Fiscal Officer Joan Windnagel, who suggested that the township take down the rules until the matter is resolved.
Mr. Reck said the township could be subject to a lawsuit, noting that a similar park rule in Cleveland Heights was overturned after challenged by a state gun-rights organization. If the challenge is successful, he added, the township could be liable for court costs and legal fees.
It was the Ohioans for Concealed Carry that challenged Cleveland Heights in 2011 over a rule that banned firearms in the city’s parks. The city wrote the ordinance for park rules in 1985. State legislators passed statewide, uniform gun laws in 2006.
The organization sought a permanent injunction, as well as its costs for filing the suit, maintaining that state law bars municipalities from passing laws that supersede it. It also was successful in similar challenges in Clyde and Campbell.
The organization was successful in its Cleveland Heights challenge and was awarded $7,000 in costs. That city’s council repealed its park rule about a month later.
In 2010, the Ohio Supreme Court upheld the state gun laws, stating they did not violate home-rule provisions that give local authorities the ability to enact community-specific laws.
James Schumann, a member of the township’s park board, said the park board specifically considered the state law on concealed carry when it wrote those rules.
“It was not an accident it was worded that way,” Mr. Schumann said.
The word “unauthorized” would cover those who do not hold a proper license for carrying weapons, he said, adding that those with licenses would be considered to be authorized and could bring firearms into the park.
“It was never our intent to stop concealed carry,” he said. “We did not have a problem with concealed carry.”
The township will investigate whether the wording is not “100 percent proper,” Mr. Brown said, and will put the matter on the agenda for the next park board meeting.
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