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August 7, 2007

NRA objects to weapons ordinance

By MaryAlice Meli

The National Rifle Association said Ellwood City council’s ban on carrying firearms onto borough property may be unconstitutional.

Last month, council adopted an ordinance that allows only certified law enforcement officers to carry any weapons in the municipal building, parks or on other borough property and borough-owned vehicles.

John Hohenwarter, liaison for state and local affairs of the NRA’s Institute for Legal Action in Fairfax, Va., called Ellwood City Mayor Donald Clyde. He followed the call with a letter to Clyde and to council that Clyde said he had received Friday.

Hohenwarter wrote that council’s amendment to the borough’s code of ordinances had come to his attention and he wants the borough to know that, “The NRA council has found the amendment to be in direct violation of Title 18 ... and also may be in conflict with Pennsylvania’s constitution.”

He did not say how he had become aware of council’s action and could not be reached for comment Friday.

He quoted Title 18, Chapter 61 of Pennsylvania’s Crimes and Offenses: Firearms and Other Dangerous Articles, which lists the general rule for limiting government regulation of firearms and ammunition.

“No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

Hohenwarter also referred to Article 1, section 21 of the state constitution’s that grants, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”

In his letter to Clyde, he urged council to “re-examine the ordinance as soon as possible.”

Council has no plans to do that.

Council president Glenn Jones said, “They can file a complaint. We passed it. It’s just waiting for the mayor’s signature, but whether he signs it or not, it’ll automatically become law on Aug. 20. If he vetoes it, we have the votes to override it.”

Council’s next regular session is Aug. 20. Without a signature from Clyde, a majority plus one vote — five votes — can place the ordinance in effect.

Clyde is unlikely to sign the measure. He has said the ordinance was created to stop him from carrying his handgun into the borough building. Clyde said he has had a permit to carry a gun since he was 16.

Borough manager Dom Viccari said he had not received a letter from the NRA as of Friday. However, he said another borough resident went to his office asking why he was trying to take away the citizens’ right to own guns.

Viccari said the ordinance has nothing to do with forbidding residents from owning guns. He said council has a right to prohibit anyone other than police officers from carrying weapons onto borough-owned property.

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