By Lois Thomson

Picking up where they left off last month, Ben Avon Council members at Tuesday's meeting continued a discussion on repealing the gun ordinance that was passed last December.

The ordinance requires residents to report lost or stolen handguns to the police within 72 hours of their disappearance, or face a fine and possible jail sentence.

Council had a lengthy discussion in May, but tabled the vote because Dan Herchenroether said he knew that Sue Weiss, who was not in attendance last month, had a strong opinion on the subject and deserved a chance to speak. Weiss did speak, saying that she likes an ordinance that requires people in Ben Avon to know where their guns are.

Ben Avon resident John Ott addressed council and asked them to repeal the ordinance, saying that someone whose gun was missing at the time the ordinance was approved, who only discovered it now and reported it missing, would be subject to a fine of approximately $90,000 and 46 years in jail. He pointed to the absurd nature of the penalty.

He also said that only the state can pass gun laws, not municipalities. He said such an ordinance could be challenged and taken all the way to the state supreme court.

Weiss countered that such an issue has not been tested in the courts, and she believes council would be premature in throwing it out. "John is correct about the laws," she added, "but this is about responsibility. We're not saying (residents) can't own guns."

Council member Judy Konitsney commented, "I feel strongly, like Sue does, but I got a lot of calls asking to repeal the ordinance, so I'm going to vote that way."

Council member R.J. White said he asked police chief Norbert Micklos after last month's meeting about the enforceability of the ordinance, and the chief said it would be difficult. White added, "It's crazy to think we can create a law that will single-handedly reduce crime in Ben Avon."

Council voted on a motion to advertise to repeal the gun ordinance. The vote was 5-1 in favor, with Weiss having the dissenting vote, and Brian Tokar absent. The ordinance will be advertised and voted on at next month's meeting.