September 20, 2008

Ohio Supreme Court Strikes Down Public Parks Gun Ban

Last week the Ohio Supreme Court struck down a Clyde city law that banned people from carrying concealed guns in public parks.

In a 4-3 decision, the court said the city of Clyde's home-rule powers don't allow it to override the 2004 state law that allowed people to get a permit to carry concealed weapons in public, except in public buildings such as schools, courthouses and stadiums. No exceptions were made for parks.

Justice Terrence O'Donnell, writing for the majority, said, "Public property is owned by the taxpayers and is accessible to all. If there were no distinction made between public and private property as the dissent suggests, then a municipality could in the future choose to expand the prohibition from public parks to public sidewalks and roadways, and eventually to all public property."

Justice O'Donnell

Courtesy, State of Ohio

Justice O'Donnell, who wrote the decision striking down the gun ban, brings more than 25 years of judicial service to the Supreme Court of Ohio, having served on both the 8th District Court of Appeals and the Cuyahoga County Common Pleas Court.

The Ohioans for Concealed Carry had sued the city and argued that parks are a prime spot for criminals and that park visitors should be able to protect themselves.

Attorneys in the case said the decision puts other Ohio cities that try to restrict concealed carry use in a bad legal position.

If Ohioans want the state law to be changed, the Legislature would either have to carve out an exception for parks.

Comments (2)

New Hampshire has it right. Only in courtrooms. They are 47th in total gun violence in the nation. I say the less restrictions the less violence due to criminals not being sure where their best shot at unarmed victims.

Posted by: TBILL | September 25, 2008 11:35 AM    Report this comment

Exceptions to the concealed carry law are just plain ridiculous! Except for courts houses, police station and or jail.

Posted by: Robert J | September 22, 2008 9:49 AM    Report this comment

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