[Boots]

Update...

I just found out that Middletown's Ordinance 109-13 was enacted July 7, 1997 and is therefore repealed by State Code, to wit...

Title 22. Municipalities
Chapter 1. General Provisions
111. Limitation on firearm regulations. The municipal governments shall enact no law, ordinance or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11. Nothing contained herein shall be construed to invalidate municipal ordinances existing before July 4, 1985, and any ordinance enacted after July 4, 1985, is hereby repealed.

This situation is almost identical to the issue of Kent County's illegal guns-in-the-park law (see viewtopic.php?f=31&t=2639 ). Middletown will be made aware of the status of this ordinance and I will allow some time for the word to trickle down to the officers responsible for enforcement of township laws before OCing again at the Levels Road dog park. Hopefully, this can be accomplished through 'back channels' without going through the legal system. As noted in the Kent County thread, the people involved were very reasonable, readily admitted there was a problem with the law, and would take appropriate steps to correct the issue. Here's hoping that Middletown will do the same and graciously follow State law regarding firearms.

[scampbell3]

[myopicvisionary]

Where did you find the ordinance?

[Boots]

Where did you find the ordinance?

1) The cops showed me their copy in their reference book and gave me the number... 109-13.

2) The person I spoke to got it directly from Middletown and read it to me over the phone. They also confirmed the date it was enacted, 7/7/1997.

As far as I know the ordinance is not accessable via the web.

And, since none of the rules signs posted at the park mentions firearms, how is a person to know ahead of time? Either the cops already knew it wasn't enforcable, or they thought they were cutting me a break by just giving me a warning? I don't know which, but I will assume they were just doing their job as best they could.

My concern is the future... not being hassled at the Levels Road dog park. I've been going there OC for about a year and met MANY nice people there. I never saw ANYONE that had any concerns regarding my firearm and enjoyed many pleasant conversations when they chose to bring it up. I refuse to let ONE person spoil it for the rest of us!

Anyone willing to contribute to a 'disorderly conduct' defense fund?

[Mr.Skellington]

Anyone willing to contribute to a 'disorderly conduct' defense fund? [/size]

Both participation and money

[dave_in_delaware]

This is a great discussion. Thank you for sharing. Hindsight is always 20/20 in these cases. But I think you handled yourself well. We always want to cooperate with the Police, especially so our "detainment" duration is shorter rather than longer.

I had a similar incident in Carousel Park, and that fact ended up in my criminal record because I complained about it via the "professional conduct" form online at NCC....

I have found the middletown Charter online, but that's all so far. I thought I saw the codes for various municipalities before... I just can't find them now.

Good job Boots!

[GatorDude]

The language of the Middletown ordinance in question is as follows:

§ 109-13. Carrying of weapons prohibited.

No person shall carry a knife upon his or her person having a blade three inches or longer in length or have possession of or discharge a BB gun, air rifle, pistol, firearm, bow and arrow or any other type of lethal weapon in any park.

[GatorDude]

Oh..and just for giggles...the penalty for violating the ordinance is as follows believe it or not:

§ 109-19. Violations and penalties.

Any person violating any of the sections of this chapter shall be subject to a fine of $25.

[SugarBoy13]

Anyone willing to contribute to a 'disorderly conduct' defense fund?

Where do we make the deposit?

I would also suggest sending a letter to the city council indicating that the ordinance is preempted by state law and that it must be repealed immediately otherwise you will file suit against the city for a civil rights violation.

[Boots]

Where do we make the deposit?

I would also suggest sending a letter to the city council indicating that the ordinance is preempted by state law and that it must be repealed immediately otherwise you will file suit against the city for a civil rights violation.

FIRST, we call it to Middletown's attention and trust they will do the right thing... that is, tell their officers that OC is legal, even in the parks, and rewrite 109-13 to avoid conflict with state law regarding firearms.

In the future, if officers use unwarranted charges to intimidate citizens engaging in lawful activity, THEN is the time to take it to the next step. However, at this time I feel confident that Middletown will do the right thing, if for no other reason than the fact that defending themselves against a lawsuit could get expensive. Neither they, nor we, would want it to get that far.

Meanwhile, set aside that deposit for a rainy day.