Oxford Township is one step closer to changing some unenforceable ordinance language that prohibits the possession of firearms in all of its parks.
Last week, the township board voted to approve the first reading of an amendment to Section 34-40 of the township code of ordinances.
Currently, the section states that ‘No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, explosives or other dangerous substances within any park.?
However, the township has no authority to prohibit the possession of firearms because of a state law enacted in 1990.
State law declares ‘a local unit of government shall not . . . enact or enforce any ordinance or regulation pertaining to . . . transportation, or possession of pistols or other firearms . . . except as otherwise provided by federal law or a law of this state.?
Because it’s preempted by state law, the township’s ban on firearms within its four parks cannot be legally enforced.
The amended version of the township’s Section 34-40 shifts the focus from possessing firearms to discharging them in parks.
It states, ‘No person shall discharge any firearm in any township park except for the protection of his/her life and except for discharge by authorized officers of the law in the performance of their duties.?
Second reading and adoption of the amendment is scheduled for the 7 p.m. Wednesday, Feb. 10 meeting.
? Editor C.J. Carnacchio