Court throws out ban on guns in parks
> What do you think of the decision?
Thursday, September 18, 2008
COLUMBUS — In a 4-3 decision, the Ohio Supreme Court has thrown out a city ordinance in Clyde that bans possession of firearms in municipal parks.
In the decision handed down Thursday, Sept. 18, the high court said the ordinance conflicts with a state law permitting licensed individuals to carry concealed weapons on any public property except locations specifically mentioned in the state law.
Justice Terrence O'Donnell wrote the majority opinion, joined by Justices Evelyn Lundberg Stratton, Maureen O'Connor and Robert Cupp.
Chief Justice Thomas J. Moyer entered a dissent, joined by Justice Judith Ann Lanzinger. Justice Paul Pfeiffer dissented separately.
The majority rejected Clyde's claim that the ordinance was a valid exercise of the city's home rule powers granted in the Ohio Constitution.
The ordinance is not an "exercise of self-government" affecting only internal city affairs but rather an "exercise of police power" that establishes a public safety regulation that applies to non-residents using the parks, the majority said.
The majority affirmed a ruling from the 6th District Court of Appeals.
Clyde is located in Sandusky County in northern Ohio not far from Lake Erie.
Contact this reporter at (614) 224-1608 or whershey@DaytonDailyNews.com.




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Comments
By brad
September 20, 2008 12:45 AM | Link to this
there’s already guns in the parks. the people who aren’t allowed to have guns already have them. so do you think if i broke the law by haveing a gun i wouldn’t break the law and carry it in a park? all the ccw did was make it legal for lawbiding people to carry theirs.
By Leslie
September 19, 2008 1:41 PM | Link to this
Great decision, but it is troublesome the vote was so close. The same way it was when the Supreme Court voted. If Obama is elected this can all change when he nominates his court. Obama supports gun bans. The U.S. Supreme Court vote was 5-4. A vote for Obama is a vote to loose the right to defend yourself. A vote for Obama is a vote for government control.
By Jim 5
September 19, 2008 9:44 AM | Link to this
Good decision by the court. It is the correct function of the judicial branch to defend our liberties against the encroachment of government. All too often government, in the interest of sustaining its “political correctness” or “electability”, has bent to the winds blown by the rhetoric of liberals. A good case and a good outcome.
By theshawn
September 19, 2008 9:42 AM | Link to this
Great decision, as someone else posted, I won’t be voting for the judges who oppose my right to self defense.
I don’t even have a CCP, but may in the future.
I’m amazed at how people give up their liberties so they can piously claim “if it’ll save one life, then it’s worth it.” Glad to see the court put liberty over safety for a change.
By NugeMan
September 19, 2008 8:23 AM | Link to this
It’s amazing the amount of libtards there are in this forum. If you think there is a “civilized” country on this planet, then hall a$$ to it. We don’t need any more morons in this country. Plus, if you think firearms cause crime, then you must think pencils and keyboards cause misspelled words. Quit being a libtard, wake up, smell the coffee, and yes, because you’re too stupid to do it yourself, I’ll defend you when you’re attacked because it’s my responsibility as a legally armed citizen.
By River Rider
September 19, 2008 7:23 AM | Link to this
To M: What does your “higher authority” think about you calling another human being an “inbred”?
By Nick
September 19, 2008 6:42 AM | Link to this
Think of it like this, if you are on a bike path, you know there may not be another person around for some time. Be it a rouge, or rabid animal, you should be able to defend yourself.
I’ve only escaped angry Canadian Geese because I was on bike, I’ve seen them attack. But I’ve also seen coyotes on paths before, not to mention signs of deer. We have more to fear out there then ne’er do wells.
By Tim
September 19, 2008 6:08 AM | Link to this
Thanks Publius for my morning laugh:-)
By Andy
September 19, 2008 4:18 AM | Link to this
The jackweed called Harry wrote this: “I want to live where “Oldtimers” lives. Like China, Great Brittian and other places that do not allow guns becuase they are so safe and there is no crime there.”
Oh really? Tell that to the family of the man who was murdered at the Olympics this summer. Britain has many murders as well.
By TDP
September 18, 2008 10:16 PM | Link to this
A firearm is a tool that requires an operator to make the firearm machine operate. An armed society is a free society. Government should fear the people it governs - it keeps government honest. The Ohio Surpreme Court made the correct decision.
By Ken
September 18, 2008 8:54 PM | Link to this
The three judges who voted AGAINST law abiding citizen’s right to protect themselves won’t be getting my vote for re-election. Who were they?
Thomas J. Moyer, Judith Ann Lanzinger. Paul Pfeiffer.
By RavensRockNorth
September 18, 2008 5:54 PM | Link to this
As a proud Concealed Handgun License holder, I applaud the decision handed down by the courts.
To all you anti’s out there…
FAQ-U
By SHEILA
September 18, 2008 5:10 PM | Link to this
AS A CCW HOLDER I AM HAPPY WITH THE COURTS DECISION. FOR THOSE WHO DONT UNDERSTAND THE LAW DO YOUR RESEARCH THEN YOU CAN COMMET. HALF OF THE PROBLEM WITH GUN CONTROL IS UNDERSTANDING THE LAW AND OBIDING BY IT.. THE LAST TIME I CHECKED WE ARE A FREE COUNTRY..
By SHEILA
September 18, 2008 5:09 PM | Link to this
AS A CCW HOLDER I AM HAPPY WITH THE COURTS DECISION. FOR THOSE WHO DONT UNDERSTAND THE LAW DO YOUR RESEARCH THEY YOU CAN COMMENT. HALF OF THE PROBLEM WITH GUN CONTROL IS UNDERSTANDING THE LAW AND OBIDING BY IT.. THE LAST TIME I CHECKED WE ARE A FREE COUNTRY..
By mike T Army Vet
September 18, 2008 4:13 PM | Link to this
I remember swearing to protect and defend the constitution in 1970. Glad to see the court is helping.
By Alan
September 18, 2008 4:01 PM | Link to this
The last time I checked, law enforcement did not have any responsibility to protect you as an individual, which is why we have the second ammendment.
By Lthrnck
September 18, 2008 3:52 PM | Link to this
You ever notice that when an Anti-gun person doesn’t have any facts to back up their ranting, that they revert to name calling and to saying stuff like the Wild Wild West.
Well folks the Wild Wild West is in Hollywood, CA. it’s called Paramount Studios, DreamWorks Studios, etc. etc..
Now if you are refering to the OLD WEST, back when men carried their firearms on their hips… Yes I wish we could go back to those times.
THEY WERE SAFER TIMES… Per capitia there was less crime.
By Lthrnck
September 18, 2008 3:19 PM | Link to this
Julie - If you would do just a little research, you would find that people who have a license to carry a firearm are on the average 5 times MORE law abiding then people who do not have a license.
Also if you would do just a little research you would also find 2nd hand smoke kills ALOT more people each year then people who have a license to carry a firearm.
By Lthrnck
September 18, 2008 3:13 PM | Link to this
Bob - Any good gun owner knows the gun is not a magic wand. Thats why if you would ever go to a pro-gun site. You would see a whole lot of people talking about —TRAINING—. You would see we advocate TRAINING, keep it current. GO practice whenever you can.
It is not a magic wand but it better then sitting there on your knees begging for your life.
By Pearl
September 18, 2008 2:53 PM | Link to this
To M: I did not get my concealed carry license to protect YOU. I took the classes and got licensed to protect myself and my family - because I OWE that to them as a loving and caring father. If there even is a god I’m sure he would forgive me for stopping a threat to my family. Are you saying that all cops, no matter what religion, will go to your hell simply because they killed someone? Stop living your life based on words mistranslated from books over 2000 years old…
By Concerned Taxpayer
September 18, 2008 2:44 PM | Link to this
When seconds count, the police are just a few minutes away…
My CCW is like my homeowners insurance policy — I pray that I never have to use it, but nonetheless, have it just in case.
I’ve seen quite a few comments that try to characterize CCW permit holders as uneducated rednecks. Quite to the contrary, many ccw permit holders are highly educated people (master’s degree here) who recognize that the only you can actually protect yourself or your family.
By Julie
September 18, 2008 1:54 PM | Link to this
But can you still smoke in a public park? Or will the second hand smoke be a health hazard to all of those carrying guns?
By bob
September 18, 2008 1:43 PM | Link to this
go ask the guy who was shot on Main St if his ccw permit helped him out. oh no…you can’t ask him. he’s dead.
stop screaming that your gun is the only thing that stands between you and your family and certain doom. enjoy your right to carry it…but stop using retarded logic. the gun isn’t magic. if you don’t know what you are doing, it might as well be a paperweight.
By OhioMan
September 18, 2008 1:16 PM | Link to this
The Supreme Court made the right decision.
By M
September 18, 2008 1:08 PM | Link to this
Personally, I wish they would revoke the concealed carry law. I do not need to be protected by some inbred with a permit. It is a doubled sided coin, shoot someone and someday you’ll have to answer to a higher authority. Can you justify your actions on that level ? It may be legal, but life is very short.
By Skywalker
September 18, 2008 12:40 PM | Link to this
Right on Jack! Oldtimer, if you don’t like the lack of civility in this country, take your sorry butt someplace else. Get out…GO!
As for me, I’m a registered concealed carry holder and intend to protect myself and family if need be. Law enforcement can’t be around all the time.
By Harry
September 18, 2008 12:36 PM | Link to this
I want to live where “Oldtimers” lives. Like China, Great Brittian and other places that do not allow guns becuase they are so safe and there is no crime there.
Hey Publius - Eastwood Park is a long way from Erie. It is dip$hirts like you that do not need to own a firearm.
By Jack
September 18, 2008 12:27 PM | Link to this
Oldtimer….your comment smacks of hysteria and is devoid of facts or reason.
Do you really expect the cops to protect you should anybody threaten your well-being. You better rethink that!
By Oldtimer
September 18, 2008 12:17 PM | Link to this
Rulings such as this make me wish I lived in a civilized country. In civilized countries citizens don’t carry concealed weapons, they let law enforcement officers deal with those who do. We’re regressing into a wild west mentality; God help us!
By Oldtimer
September 18, 2008 12:12 PM | Link to this
Rulings like this make me wish I lived in a civilized country. In civilized countries ordinary citizens don’t carry guns; they let the police deal with the unruly. Incidentally, shooting fish isn’t a sport, its a sadistic, self-indulgent exercise. What in the hell is our country coming to?
By R J..Miamisburg
September 18, 2008 11:52 AM | Link to this
Hey check out Cable TV show “Mythbusters”. They did a one hour show on guns and shooting into water. Even a Shooting Fish in a Barrel bit. Unless you are with in 4 feet one wont get hit by a round fired at you. Check them out . Not certain their web site.. OH the Fishin a Barrel,,The Fish would live..
By aharddaysnight
September 18, 2008 11:50 AM | Link to this
“Do your home work and look at Chicago one of the Cities like DC with the strictest gun control laws and highest crime rates.”
You need to be the one doing homework. DC gun bans have been overturned by the Supreme Court. The “gubment” will never be able to take away your second amendment rights. Obambi or not.
Live Free! Vote Libertarian!!
By huh
September 18, 2008 11:16 AM | Link to this
Ohio is an OPEN CARRY state people. You can openly carry a loaded firearm in Ohio WITHOUT any permit or license so long as there are no signs prohibiting firearms!!!!
By Roger
September 18, 2008 11:12 AM | Link to this
The Supreme Court made the right decision.
By Donald Finnicum
September 18, 2008 10:59 AM | Link to this
Kudos to the majority of our Supreme Court. Remember the decentors when you vote!!!
By Donald Finnicum
September 18, 2008 10:59 AM | Link to this
Kudos to the majority of our Supreme Court. Remember the decentors when you vote!!!
By DJ
September 18, 2008 10:45 AM | Link to this
I think it is great that the courts are finaly upholding the constitution. If you want to continue to see the 2nd amendment upheld and keep the right to bear arms then please make sure you vote. If Obama gets into office he will do everything he can to take away your 2nd amendment rights.
Do your home work and look at Chicago one of the Cities like DC with the strictest gun control laws and highest crime rates.
Please make sure you vote.
By Wordell
September 18, 2008 10:30 AM | Link to this
Publius: Arrows are better. Depending on the ammunition caliber and power behind it, rounds entering water have a tendency to decelerate quickly and divert/deflect from the intended target. Your target has to be just below the surface for a kill. Also, is Eastwood Park near Lake Erie?. If you think so, I don’t want you entering the park with a weapon. You might mistake a human being enjoying the park for a fish. (Note: grenades are better fishing aides).
By Rich
September 18, 2008 10:20 AM | Link to this
Gun control is not about the control of GUNS…it’s about CONTROL. As witnessed by the local government of Clydes’ attempt to violate the 2nd Amendment.
By Publius
September 18, 2008 10:18 AM | Link to this
Great! Now I can shoot fish at Eastwood Park.