Post by shoreman on Sept 6, 2006 16:15:17 GMT -5
Court upholds ban of guns in park
abclocal.go.com/wtvg/story?section=local&id=4520708
September 1, 2006 - The Court of Appeals upheld a ruling that gives Toledo the right to ban concealed guns in city parks.
TOLEDO, (AP) - The city can ban firearms in city parks despite a state law that allows Ohioans to carry hidden guns, a state appeals court ruled on Friday. The 2-1 ruling from the 6th District Court of Appeals could affect other cities that ban concealed handguns in its parks. The court upheld the city's ban because it said the state law gives private property owners the right to ban handguns thus making the state law not a "general" law.
Bruce Beatty, of Luckey, challenged Toledo's ban when he was cited in 2005 for violating the rule against guns in public parks. He was later fined $50. He appealed his conviction, saying that the city's ban conflicted with a state law that took effect in April 2004 that allowed the carrying of concealed weapons. Beatty had a license to carry a gun under the law when he was cited.
The city argued that the park rule on guns should stand because it was allowed under its "home rule" authority. Toledo law director John Madigan said the ruling "reaffirms the city's ability to make laws that it feels are necessary for the protection of its citizens."
A message seeking comment was left Beatty's attorney, William Stephenson.
Appeals Judge Dennis Parish voted against the majority, saying their decision undermined the Legislature's intentions on the concealed carry law. "It will enable every city, town, village, township or county within the state to render the statute void by merely enacting a farther-reaching local ordinance," he said.
At least three other communities - Elyria and Clyde in northern Ohio and the western Ohio village of Arcanum - have banned the practice of carrying guns in parks.
Ohioans for Concealed Carry have challenged the ban in Clyde, which passed following the new state law. The group's president, Jeff Garvas, said the appeals court was "grasping at straws" to strike down the state law. He expects that the issue will eventually be decided by the U.S. Supreme Court. "They definitely erred in their decision," he said.
State lawmakers intended to create a uniform law on hidden firearms, but the law also prohibits people from carry concealed weapons into areas including police stations and churches. Legislators now are working on a bill that would remove restrictions in the concealed carry law. The bill includes a provision that would prohibit cities from passing weapons bans more strict than state law. It would nullify bans on assault weapons such as those adopted by Columbus and Cleveland.
abclocal.go.com/wtvg/story?section=local&id=4520708
September 1, 2006 - The Court of Appeals upheld a ruling that gives Toledo the right to ban concealed guns in city parks.
TOLEDO, (AP) - The city can ban firearms in city parks despite a state law that allows Ohioans to carry hidden guns, a state appeals court ruled on Friday. The 2-1 ruling from the 6th District Court of Appeals could affect other cities that ban concealed handguns in its parks. The court upheld the city's ban because it said the state law gives private property owners the right to ban handguns thus making the state law not a "general" law.
Bruce Beatty, of Luckey, challenged Toledo's ban when he was cited in 2005 for violating the rule against guns in public parks. He was later fined $50. He appealed his conviction, saying that the city's ban conflicted with a state law that took effect in April 2004 that allowed the carrying of concealed weapons. Beatty had a license to carry a gun under the law when he was cited.
The city argued that the park rule on guns should stand because it was allowed under its "home rule" authority. Toledo law director John Madigan said the ruling "reaffirms the city's ability to make laws that it feels are necessary for the protection of its citizens."
A message seeking comment was left Beatty's attorney, William Stephenson.
Appeals Judge Dennis Parish voted against the majority, saying their decision undermined the Legislature's intentions on the concealed carry law. "It will enable every city, town, village, township or county within the state to render the statute void by merely enacting a farther-reaching local ordinance," he said.
At least three other communities - Elyria and Clyde in northern Ohio and the western Ohio village of Arcanum - have banned the practice of carrying guns in parks.
Ohioans for Concealed Carry have challenged the ban in Clyde, which passed following the new state law. The group's president, Jeff Garvas, said the appeals court was "grasping at straws" to strike down the state law. He expects that the issue will eventually be decided by the U.S. Supreme Court. "They definitely erred in their decision," he said.
State lawmakers intended to create a uniform law on hidden firearms, but the law also prohibits people from carry concealed weapons into areas including police stations and churches. Legislators now are working on a bill that would remove restrictions in the concealed carry law. The bill includes a provision that would prohibit cities from passing weapons bans more strict than state law. It would nullify bans on assault weapons such as those adopted by Columbus and Cleveland.
