By Christopher Magan, Staff Writer
Thursday, January 28, 2010
BEAVERCREEK OH
Some city leaders are outraged they are being forced to change their ordinance that will allow anyone with a concealed weapons permit to carry a gun into city parks. Unfortunately, the City Council has no choice but to change an existing ordinance — which outlawed guns in city parks — to comply with a 2008 Ohio Supreme Court ruling.
“I agree with the right to bear arms, but my children play in a park,” said Councilwoman Phyllis Howard, who called the change an “accident” waiting to happen. “It’s just ridiculous to allow in a park. What in the world would you need a concealed weapon for in a park?”
On Jan. 25, the council took the first steps to bring the city ordinance in compliance with the court’s decision. Stephen McHugh, city law director, said the ruling overturned another city ordinance, similar to Beavercreek’s, that prohibited carrying weapons in city parks. “(Beavercreek’s current) statute would not stand a constitutional challenge,” McHugh said.
The state law — approved by lawmakers in 2004 — allows residents to carry a concealed weapon with a permit. Obtaining a permit requires classes, a criminal background check and testing. The state law bans permit holders from carrying weapons into law enforcement offices, schools, courthouses, places that serve liquor, churches, day care centers, aircraft, state buildings and anywhere federal law prohibits the carrying of handguns. Furthermore, the law allows private business and property owners to prohibit guns on their property, the Supreme Court decision said. This right does not extend to municipalities.
John Mahoney, deputy director of the Ohio Municipal League and which advocates on behalf of cities and villages, had filed a brief with the Supreme Court in support of a municipality’s ability to ban guns from parks. He said he was not aware of many municipalities needing to alter existing ordinances because, before the conceal carry law, walking around with a gun was not allowed anywhere. McHugh said modifying Beavercreek’s concealed weapons ordinance will require two more public readings and then 30 days before it takes effect.
Contact this reporter at (937) 225-2342 or cmagan@DaytonDailyNews.com.
Uploaded: 1/29/2010