It would seem to be common sense that everyone must follow the law, even if you don't like it. You're not supposed to get to pick and choose which laws are followed and which are ignored, but try telling that to some cities.
Campbell, Ohio, a suburb of Youngstown, decided to pass an emergency ordinance banning firearms sales within city limits after discovering one resident planned to obtain a Federal Firearms License and open a gun repair shop. Anti-gun officials in the city moved quickly to stop his plans, citing fears ranging from worry it would increase crime to claims it would result in the resident being killed by local criminals. The legislation was reportedly sponsored by the City's police chief.
The problem is, they can't do that. Ohio law as enacted in Ohio Revised Code 9.68 specifically prohibits bans on sales of firearms and also addresses zoning as follows...
(D) This section does not apply to either of the following:
(1) A zoning ordinance that regulates or prohibits the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for residential or agricultural uses;
(2) A zoning ordinance that specifies the hours of operation or the geographic areas where the commercial sale of firearms, firearm components, or ammunition for firearms may occur, provided that the zoning ordinance is consistent with zoning ordinances for other retail establishments in the same geographic area and does not result in a de facto prohibition of the commercial sale of firearms, firearm components, or ammunition for firearms in areas zoned for commercial, retail, or industrial uses.
According to one article, the issue started when the resident in question requested a zoning change from commercial to light industrial. Therefore, the city could only place such restrictions on him as are consistent with other zoning ordinances on other retail businesses and specifically cannot prohibit the sale of firearm components (which a repair shop would do).
After the ban was discovered, the National Rifle Association sent out an email alert to notify local activists of the problem. Meanwhile, Ohioans For Concealed Carry worked on the problem with City officials. It was soon discovered that the Mayor was allegedly hiding one of OFCC's letters to City leaders, including Council, explaining that legal action could be taken if the ordinance was not dropped.
Now that the attempts by the anti-gun officials to hide the truth have come to light, Council is finally considering repealing the ordinance on the advice of their Law Director Mark Kolmacic who cited the threat of lawsuit by OFCC, a group who has already successfully sued and won in the Ohio Supreme Court in a case against the City of Clyde Ohio. Clyde had also violated state law by banning lawful carry of handguns in city parks.
Ohio law is very clear on these matters, and local politicians cannot decide for themselves what rights their residents are allowed to have. They must follow the law even if they don't like it, just like the rest of us. In this case, arguments such as the fact that one small gun repair shop will have absolutely no impact on local crime aren't even relevant. The law is clear and must be adhered to.
Comments
"In this case, arguments such as the fact that one small gun repair shop will have absolutely no impact on local crime aren't even relevant."
I disagree. If all the area residents have a convenient local source to maintain their guns in good working order, crime may DECREASE, either due to deterrence or a shortage of perpetrators!
Keep up the good work, Daniel.
So the City's police chief sponsored the ordinance thus admitting that he has no idea how to curb crime in their community. Maybe they should consider replacing the police chief with someone skilled in law enforcement.
Sorry, Otter, but the *last* thing police chiefs or county sheriffs want is less crime. Their goal is the biggest possible budget, and the path to that goal is more and more crime. Then the sheeple clamor for more cops, more deputies, more surveillance, more jails, etc., which the govt. is only too happy to provide. Chief Gunhater here knew exactly what he was doing.
Federal, state AND local government - sounds like a bit too much oversight/control to me. If one agency doesn't cover it - another one will!!!
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