Chalk up another win for state firearms preemption laws that ban municipalities from imposing more restrictive gun laws than those set by the state.
Until last week, the Canton, Ohio, Park Commission had banned firearms in city parks. However, according to a news item from the Buckeye Firearms Association, on October 22, the commission voted to update its park rules by removing the restriction on guns in parks after a local resident pointed out that the restriction violated state law.
According to a story posted at cantonrep.com, Canton resident Daniel Gates brought the discrepancy to the attention of Parks Director Doug Foltz. Foltz said until Gates contacted him, he was unaware that state law permitted firearms in public parks.
As for Gates, he was gratified that the Parks Commission changed the law, even though it had been in effect for a very long time.
“I’m glad that they made a decision that should have been made 16 years ago, and it gives me hope that the constitution might still hold weight,” he told cantonrep.com.
According to the cantonrep.com story, Gates earlier said that he became aware of the no-guns policy when law enforcement officers followed him through Centennial Plaza during a First Friday event he attended wearing a handgun. Gates’ father later asked the police chief about the interaction, and the chief said that anyone carrying a firearm in a public park would be arrested due to the city’s park policy.
According to the Buckeye Firearms Association (BFA), cities passing ordinances in violation of state laws is fairly common.
“Over the years, cities have grudgingly removed their no-guns signs, but some remain,” BFA said. “Most small and medium-sized cities, even those that lean left politically, prefer to abide by the law and avoid litigation, so they are generally willing to modify their ordinances when you clearly and politely point out discrepancies.”
Large cities, however, are often a different story.
“Many cities have refused to recognize state law, even after ‘preemption’ was passed in 2007 to override city home rule on firearms laws,” BFA stated. “The issue ultimately ended with the Ohio Supreme Court, which ruled in 2008 that it is unconstitutional to ban firearms in public parks.
“In December 2022, Upper Arlington Council realized its local laws were problematic and updated them to comply. Still, other cities, such as Columbus and Cincinnati, fight Ohio’s preemption laws and must be sued to force them into compliance.”
The Canton, Ohio, story highlights the importance of lawful citizens pointing out unjust and illegal firearms laws at every level. Such laws affect many people, yet, as in this case, a single gun owner can make a difference in bringing such laws to light.
