Private gun sales will continue during flea markets at the Delaware County Fairgrounds with no interference from the fair board.
The fair board June 19 approved a recommendation that rejected Delaware City Council's request that the Delaware County Agricultural Society require background checks on gun sales at the flea markets.
The recommendation was written by the fair board's seven-member executive committee: "Our executive committee, in consultation with our counsel, extensively reviewed all applicable state and federal laws and found that our fairgrounds comply with all regulations that are required by law. It is our highest priority to continue to follow and uphold the law."
After the meeting, board President Don Howard said the executive committee discussed council's request during three sessions, with the board's legal counsel attending two.
City Council in April passed the resolution making the request.
At that meeting, Mayor Carolyn Kay Riggle told council she was contacted by Delaware Hayes High School students who asked her what she could do as a leader to stop school shootings.
Riggle on June 20 said she was "very disappointed in the fair board."
The city was "not asking them to go against any laws which prohibit the sales of a firearm, simply asking them to be certain a background check is done on all firearms, including the guns sold at the flea market," she said.
During the April meeting, Delaware police Chief Bruce Pijanowski told council the resolution would "essentially ask the fair board to say 'no private sales' at organized events."
He said licensed firearms dealers are required to perform gun-sale background checks. They conduct them electronically through the National Instant Criminal Background Check System.
Private individuals who sell limited numbers of guns are exempt from the requirement and cannot access NICS, he said.
If they ask police to run a background check, it might take a week to complete, Pijanowski said.
When the fair board first discussed the request in April, Howard said the board wanted to give the question methodical and rational consideration.
In May, he said one consideration was whether the fair board might face civil lawsuits if it granted the city's request.
"What we can enforce becomes a big issue," he said.
City Attorney Darren Shulman in April told council Ohio Revised Code prohibits municipalities from passing their own laws restricting firearms.
Its provisions have been upheld by the Ohio Supreme Court, he said.
Howard also in May said the executive committee was looking at information supplied to the board by the Delaware County Sheriff's Office, including FBI statistics on shootings between 2000-15 and a U.S. Secret Service report, "Mass Attacks in Public Spaces -- 2017."
On June 19, Howard said City Council and the city manager were emailed about the fair board's decision about five minutes after the board voted.
"We tried to balance it so everybody learned at the same time," he said, adding fair board members learned of council's resolution only after watching the council meeting on YouTube.
"We didn't want (notification of the board's vote to be) like it was with us," he said.
Two Hayes students spoke at council's April meeting, and a third student endorsed the city's request at the fair board's April meeting.
Also at that meeting, four residents asked the board to reject the city request.
Despite Ohio Revised Code, Columbus City Council in May passed a law banning bump stocks and other gun accessories that increase a gun's rate of fire.
The Columbus Dispatch reported no bump stocks had been turned in to Columbus police as of June 13, the day the ban took effect.
In Powell, City Council member Brendan Newcomb on April 2 made a motion that Powell join other Ohio cities in calling for a state ban on "semiautomatic assault-style weapons."
Other council members declined to second his motion.
Vice Mayor Tom Counts said the city historically has not taken positions on outside issues, such as Olentangy Local School District ballot-issue campaigns.