Legality of Aurora law...

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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BriKuz
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Legality of Aurora law...

Post by BriKuz »

(b) License Required. Every firearms dealer in the City shall procure a license to engage in such business. Any firearm dealer engaged in such business at more than one permanent location in the City shall procure a separate license for each such permanent location. Application for such license shall be made under oath to the Chief of Police.

I thought this was preempted....
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pirateguy191
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Re: Legality of Aurora law...

Post by pirateguy191 »

Nope.

9.68
(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.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan

"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh

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JustJack
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Re: Legality of Aurora law...

Post by JustJack »

Yep.
9.68
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.
The law requiring the gun shops to get a license to sell is not a zoning ordinance regulating the location or hours of operation of said stores, it is a license to sell, which is in violation of ORC 9.68 as pointed out above.
IANAL, YMMV, other standard disclaimers, yada, yada, yada, etc, ad nauseum, in infinitum.
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MyWifeSaidYes
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Re: Legality of Aurora law...

Post by MyWifeSaidYes »

Cuncur with JustJack.

Ordinance is invalid and should be repealed.
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Werz
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Re: Legality of Aurora law...

Post by Werz »

BriKuz wrote:(b) License Required. Every firearms dealer in the City shall procure a license to engage in such business. Any firearm dealer engaged in such business at more than one permanent location in the City shall procure a separate license for each such permanent location. Application for such license shall be made under oath to the Chief of Police.

I thought this was preempted....
Perhaps so, but the start-up costs for becoming an "aggrieved party" are going to be a lot more than taking your wife and kids for an afternoon in the park. :mrgreen:
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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