Today it was reported that one of the two handguns used by Michael Hance
to kill seven people during a shooting spree in Copley Township was purchased
from a small pawnshop in downtown Barberton five days before the incident.
Employees of Sydmor's Jewelry on Second Street stated that they didn't
notice anything unusual about Hance's behavior when purchasing the
weapon. Further, because 51-year-old Hance had no felony criminal history,
he easily passed the required federal background check and immediately
took possession of a .45-caliber Hi-Point weapon.
The
Brady Handgun Violence Prevention Act of 1993, codified at
18 U.S.C. § 922(s), requires federally licensed firearms dealers to perform background checks
on prospective firearms purchasers to ensure that the firearm transfer
would not violate federal, state or local law. Although federal law allows
states the option of serving as a state "point of contact" and
conducting their own background checks using state, as well as federal,
records and databases, Ohio is not a point of contact state nor does it
have any law requiring firearms dealers to initiate background checks
prior to transferring a firearm. Further, Ohio law does not require private sellers,
i.e. those sellers who are not licensed dealers, to initiate a background check
when transferring a firearm.
Gun control proponents contend that Ohio firearms laws are too lax when
it comes to background checks, pointing to incidents such as the Copley
shootings as the products of insufficient gun control legislation. They
argue that more stringent firearms laws will help curb gun violence by
preventing violent offenders from easily obtaining weapons.
On the other side, gun enthusiasts argue that both the U.S. and Ohio Constitutions
provide citizens with the right to bear arms. Further, in the case of
Hance, additional background checks would have been ineffective in preventing
the Copley shooting due to Hance's clean background.
Regardless of which side of the argument you come down on, gun laws can
be complex and difficult to comprehend. If you have questions regarding
gun laws,
contact an experienced
Criminal Law Attorney today.
Copley Shooter Bought Gun at Local Pawn Shop
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