In a 4-3 ruling, the Ohio Supreme Court has rejected the City of Clyde's appeal in OFCC v. Clyde and ruled that Clyde's ban on concealed carry in their parks is unconstitutional!
The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality’s home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality’s police power that conflicts with a general law, the ordinance is unconstitutional. Accordingly, we affirm the judgment of the court of appeals.
The courts analysis of the law seems to be a refreshing change of tactic from our earlier efforts in the Supreme Court. For instance, on page five, the court acknowledges that the State of Ohio Legislature has authorized carrying a firearm "unless otherwise prohibited" by federal or state law. This is huge:
Simply put, the General Assembly, by enacting R.C. 9.68(A), gave persons in Ohio the right to carry a handgun unless federal or state law prohibits them from doing so. A municipal ordinance cannot infringe on that broad statutory right.