EDISON — Councilman Wayne Mascola and Council President Robert Diehl have been leading the charge on the council to prevent any illegal gun sales occurring from residents’ homes.
The councilmen discussed the issue at both the Nov. 23 Township Council meeting and the Dec. 7 workshop session. Prior to the first meeting, the council had read published reports that residents might be selling guns from their homes. At the meetings, Mascola and Diehl expressed concerns ranging from zoning violations to public safety.
“I would be very upset if my next-door neighbor was selling guns in a residential area,” Mascola said at the Nov. 23 council meeting. He said he wasn’t against gun purchases, but didn’t want guns being sold in a residential area.
However, at both meetings Township Attorney Bill Northgrave cautioned the council about how much it could do unless it receives a direct complaint about someone illegally selling guns from his or her residence. Northgrave said it’s unlikely someone doing something illegal would be forthcoming when questioned if police just made a visit to a residence based on second-hand information.
However, he did say at the second meeting, that anyone who was functioning as a gun retailer from their home was in violation of zoning laws — which does mean that if caught, he or she might be breaking a number of laws.
“It would appear that if the seller were in violation of local zoning, then he may be in violation of some federal and state laws governing the regulation of sales of firearms,” Northgrave said.
At the Nov. 23 meeting, Diehl expressed concerns about background checks and whether someone selling guns from his or her home has the ability to do as thorough a background check on a potential gun purchaser as the seller might have in a business setting.
At the second meeting, Deputy Police Chief Mark Anderko addressed how background checks are done and said the police department does background checks for potential gun purchasers. That process can take 45 to 90 days.
In addition, the department also receives purchase information after an Edison resident buys a gun, if the transaction is done lawfully. However, he clarified, the department does not receive information about gun retailers in Edison.
After discussing the issue, Mascola and Diehl offered different solutions to address the issue at the Dec. 7 meeting.
Mascola said he felt that the township could more fully leverage its zoning department.
If the zoning department did not have the authority to investigate, “Why don’t we save the township about $250,000 and get rid of the zoning department?” he asked rhetorically.
Northgrave said he has not finished looking into the options the township has. “We are reviewing … whether there is a need for and if it’s in the township’s interest to send a letter inquiring about the sales. I’m not sure how effective that letter might be in terms of gathering information. If someone has facts they can bring to us, then we can investigate that based on those facts.”
That led Diehl — who said his concern about the issue had only increased with these discussions — to suggest that perhaps someone needs to attempt to make a purchase and then bring that information to the police.
“Does Mr. Mascola have to go and buy a firearm so we have proof? That’s one avenue,” he said. Diehl also suggested passing a resolution to eliminate any ambiguity, going on to say that he didn’t feel the issue would be addressed at either the state or federal level. But Northgrave said there might be potential civil rights violations that could stem from such a resolution.
The discussion ended at the second meeting with Diehl requesting the police department provide the council with a report on Edison residents’ gun purchases.