Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
37°F
Cloudy
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
Friday, May 25, 2001

Gun store ban legal, judge rules


Bellevue and Dayton sued over ordinances

By Terry Flynn
The Cincinnati Enquirer

        The cities of Bellevue and Dayton, Ky., won a court victory Thursday that allows them to keep gun stores out of their business districts.

        Newport gunsmith Peter Garrett had filed suit against both cities, claiming he was prevented from opening shops that sold firearms because of city ordinances, which the suit claimed were in violation of state law.

        In his decision, Judge Leonard Kopowski of Campbell County Circuit Court said the ordinances did not conflict with the portion of the Kentucky Revised Statutes that prevents municipalities from enacting laws that supersede state law concerning the ownership, possession, carrying or transportation of firearms.

        “The zoning ordinances at issue do not impose any limitations, requirements or conditions upon the manner in which one conveys firearms, owns firearms, carries firearms or transports firearms” in the two cities, the judge's decision said.Ù He said the ordinances merely relate to the location of a business that engages in these activities, recognizing that the business and its customers may transfer, own, possess, carry or transfer firearms without interference in the cities.

        Mr. Garrett, who has operated a gunsmith business on Monmouth Street for some 25 years and also sells some firearms at the shop, said he and his attorney, Bruce McClure, intend to appeal the decision.

        “We think an appeals court will have a different view of our argument regarding the ordinances,” he said.

        Judge Kopowski said in the decision that the Kentucky Legislature “did not intend for KRS 65.870 to restrict a municipality's authority to enact zoning ordinances affecting the location of gun shops.”

        Bellevue and Dayton passed ordinances prohibiting gun stores from the business districts following the 1999 shooting deaths of 12 students at Columbine High School in Colorado.

       



Isleys drop out; Brown struts in
Attorneys in Roach case meet in court
Cincinnati police talk to federal attorneys
Police altered policy on force
Museum for a new century
RADEL: Arts Center
A few blots on 'beautiful suburbia'
Flaws may sink local ballpark bid
- Gun store ban legal, judge rules
City could learn from Pittsburgh experience
Investigators check sex assault charge
Judge will decide if seats deal fair
Man guilty in woman's murder
New UK faculty members told of area's economic clout
Ohio law challenged as intrusive; keg buyers get grilled
On sale here: Fire protection
OxyContin class action filed
Price of gas crimps plans
Prosecutor targets porn
Switch erodes Tristate clout
Thousands to honor those who gave lives
UC faculty state case for raise
Tristate A.M. Report

 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.