Copley looks to ban sale of firearms at private residences.

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OhioPaints
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Re: Copley looks to ban sale of firearms at private residenc

Post by OhioPaints »

As I understand Ohio law, Townships can only enact laws that they are specifically allowed by state law, a relatively short list and I don't think firearms sales is on that list!
Copley township is only a township in the loosest sense. It has its own police force, for instance.


A lot of townships have their own PD. Clermont Co. for example, the sheriff sees his duty mainly serving warrants etc. and expects each township to be the primary law enforcement.

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Re: Copley looks to ban sale of firearms at private residenc

Post by Morne »

I formally requested a copy of the proposal's language. Will update as we go forward.

I suspect at least PART of this is inaccurate reporting by the Beacon Journal. Until we get the straight scoop we won't know for sure.
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Re: Copley looks to ban sale of firearms at private residenc

Post by OhioPaints »

Inaccurate reporting? How could that ever be? :mrgreen:
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Re: Copley looks to ban sale of firearms at private residenc

Post by JimE »

Someone correct me if I am wrong. I'm no lawyer, so this is "what if".
Are they attempting to single out firearm sales by individuals, or are they trying to regulate commercial sales ?
I believe, thru zoning, they have the ability to regulate a home based business, but they might have serious problems if they are singling out only FFL's.
A set of zoning rules that apply to all home based business might be permitted.
As for banning private transactions, they could pretty much go wee-wee into a wind storm.
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Re: Copley looks to ban sale of firearms at private residenc

Post by djthomas »

Townships are allowed to pass zoning regulations, but they are expressly prohibited from passing regulations of any type, including zoning, that affect the possession, use, or sale of firearms. The scope (i.e. private transactions versus FFL) is irrelevant if the regulation in some way affects the sale of firearms.
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Re: Copley looks to ban sale of firearms at private residenc

Post by Suckerspawn »

Tru-Heathen wrote:
ashtabula wrote:I think it's clear they don't have the ability to regulate the sale of firearms. They are on shaky ground trying to say the sale of a firearm by an individual is a violation of any zoning law.

This is an example of what I was talking about in a different thread. The residents of this township need to do their best to not only have it voted down, but more importantly make sure the person responsible never serves another term.

Yep, at least the way I read O.R.C.504.04(B) (6)

"(B) No resolution adopted pursuant to this chapter shall do any of the following: ...

(6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms."
This also flies in the face O.R.C 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.
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Re: Copley looks to ban sale of firearms at private residenc

Post by wickedgreyzx3 »

Copley is a nearly a 50/50 mix of the give me my free Obama phone and the I'm so rich I'm going to sue you because your gun makes me feel uncomfortable people. Much to big to be a township IMO....
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Re: Copley looks to ban sale of firearms at private residenc

Post by dsk »

But R.C. Section 504.04(B) specifically restricts home rule powers with respect to guns. They cannot:

(6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms;

This is a limitation cities don't have, apart from what 9.68 provides.
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Re: Copley looks to ban sale of firearms at private residenc

Post by djthomas »

dsk wrote:But R.C. Section 504.04(B) specifically restricts home rule powers with respect to guns. They cannot:

(6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms;

This is a limitation cities don't have, apart from what 9.68 provides.
Ironically 9.68 would seem to allow the very zoning restrictions Copley wants. So this is not a 9.68 issue. As you and others have noted this an issue of the General Assembly explicitly limiting the authority of townships to do this in 504.04.

I've said it before and I'll say it again. If Copley wants to be a big boy city and get all the powers and privileges thereof, they need to form a charter committee, draft a charter, put said charter before the voters and get the assent of same. Then they can prohibit the commercial sale of firearms in residences. Oh, and they can impose an income tax. Which they'll need by the time they get around hiring mayors, council people, law directors and other assorted municipal officials.

I may be way off base but I suspect that more residents of a township are concerned with the latter possibility than the former. In other words you'll probably see more people vote against a charter because they despise the idea of an income tax than you will get people voting for a charter just so they can solve a problem that doesn't seem to exist. But then again, BHO somehow got elected. Twice.
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Re: Copley looks to ban sale of firearms at private residenc

Post by Morne »

dsk wrote:But R.C. Section 504.04(B) specifically restricts home rule powers with respect to guns. They cannot:

(6) Establish regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms;

This is a limitation cities don't have, apart from what 9.68 provides.
Mic drop.

We got this one. I will explain this to Copley, in person.
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Re: Copley looks to ban sale of firearms at private residenc

Post by Morne »

***UPDATE***

I attended the Copley Township Trustee meeting tonight. They unanimously denied the proposal. Just goes to show what some pro-gun activism can do! :mrgreen:
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Re: Copley looks to ban sale of firearms at private residenc

Post by Bama.45 »

Good job
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Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
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Let me die in a pile of empty brass."
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Re: Copley looks to ban sale of firearms at private residenc

Post by WY_Not »

Good news indeed. Keep up the good work!
Morne wrote:***UPDATE***

I attended the Copley Township Trustee meeting tonight. They unanimously denied the proposal. Just goes to show what some pro-gun activism can do! :mrgreen:
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Re: Copley looks to ban sale of firearms at private residenc

Post by DontTreadOnMe »

Well done!
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Re: Copley looks to ban sale of firearms at private residenc

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We're is the like button :mrgreen:
Nothing to see here...move along.
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