Friday, September 22, 2006

Why We Need Legal Guns in Parks

Background:

I'll try to keep the background short... but it's important. There was a very unexpected court decision a couple weeks ago in the 6th District Court of Appeals. Ohio's concealed carry laws state that all government buildings are off-limits, but that public property can never be prohibited outside of a building. Right now, Ohio does not have pre-emption when it comes to firearm laws. (Pre-emption meaning that city law can not be more restrictive than state law. Since we don't have that, we have things like the Columbus Assault Weapons Ban that are not uniform throughout the state).

So, Toledo has long had a law on the books that says you can't have a firearm in a city park. This one guy tried to get that rule thrown out in 2004 due to Ohio's new concealed carry laws. After many attempts and many denials, he publicly invited police and news cameras to watch him lawfully walk into a park with his valid license and concealed handgun. He got his wish and was peacefully arrested. The first ruling came out against him. He appealed. They recently ruled against him again. The reason for the Appellate decision is complete BS, but I won't get into the legal mumbo-jumbo unless you ask me... but it truly is ridiculous.

The dissenting opinion is hilarious in that it basically calls the two majority judges corrupt. If you care, you can read more here, including some of that opinion from the dissenting Judge.

So, that Toledo ban is still in effect and it could mean dire consequences throughout the state. Theoretically, any city can now outright ban concealed carry entirely. Not surprisingly, Mayor Coleman of Columbus is salivating to enact his own park ban and who knows what else.

Now you're caught up.

There has been a lot of press on this, and a lot of editorials basically ask the question, "Why do you need a gun in a city park?"

My Answer:

Originally published here.

Regular readers of this website are well aware of the possible ramifications of the recent decision by the Ohio Sixth District Court of Appeals. The effects have rippled outside of the Sixth District. For instance, Mayor Michael Coleman of Columbus is planning to enact bans in city parks that would prohibit legally licensed citizens from carrying a handgun for self-defense. On September 12, The Columbus Dispatch printed an editorial entitled, “Cities Win One”. That editorial states:
A state appeals-court decision upholding Toledo’s ban on guns and other weapons in city parks is good news for Columbus and other Ohio cities…

The ruling Sept. 1 by the state’s 6th District Court of Appeals, in Toledo, is expected to encourage other cities, including Columbus, to pass similar bans on guns in parks.

Columbus Mayor Michael B. Coleman and Councilman Michael C. Mentel last week reaffirmed their interest in enacting such an ordinance. Both men have pushed state lawmakers to add public parks to the list of places where holders of conceal-carry permits cannot take firearms.
One point that deserves reiteration is that there was no ambiguity when legislators created and passed Ohio’s Concealed Carry laws, despite the fact that Mayor Coleman and Councilman Mentel “pushed state lawmakers to add public parks to the list of places where holders of conceal-carry permits cannot take firearms.” Legislators discussed the issue and purposely excluded parks from the list of enumerated places that disarm the law-abiding.

In response to this claim of what Ohio cities have “won”, I humbly present what the citizens of those cities could lose: their right to self-defense and potentially the lives of their children. Allow me to explain. A 33-year-old man was finally arrested on September 19 after being sought by police. His alleged crime? Sexual assault of a 5-year-old girl. Where was he apprehended? In a city park. The Dayton Daily News is reporting that:
A 33-year-old man sought on an accusation that he sexually assaulted a 5-year-old girl was arrested Monday at a park in Miami Twp., a Kettering Police Department public information officer said…

A woman watching a news broadcast about [Matthew Scott] MacKendrick called police and reported seeing a man at the park who fit the description given during the newscast… MacKendrick was with another man, who was not detained...
Like all Ohioans licensed to carry a handgun for the defense of their loved ones, I take the safety of my family very seriously. That is why I have passed a rigorous background check, been fingerprinted, and received training in the safe operation and legal ramifications of carrying a handgun by state-approved instructors. I am not a threat while pushing my daughter on her favorite swing set. I am merely trying to protect my daughter from deranged criminals that already ignore laws against sexual assault of children. Why would these monsters heed another gun ban that leaves my family defenseless?

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I know I don't have a daughter, but I felt like playing the "it's for the children card" since that's the other side's default justification.

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