Pittsburgh's Discriminatory Zoning of "Firearms Businesses"

[LittleRedToyota]

Originally Posted by PeteG

Here is the result of my appeal to the Zoning Board of Adjustment.

The Board granted me relief which I did not request. It said that because I was doing these transfers in the course and context of my legal practice, the "use" (firearms transfers) was an "ancillary use" to the permitted use of running a law practice.

On that basis, the Board found that "the obtaining of an FFL for use in the practice of law is a valid accesory use and is permitted in the local LNC zoning district under the Zoning Code." Accordingly, the Board directed the Zoning Administrator to "modify the Occupancy Permit for Greystone Legal Associates to include the sale, transfer and possession of firearms pursuant to a [sic.] FFL as an accessory use in the practice of law and to notify BATFE of the same."

There is a lot of interesting dicta in the opinion of the Board. Chief among these is the opinion that the "Zoning Code regulates the location of all businesses in the City and dose not take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms contrary to the express mandates of 53 Pa. c.S.A. Sec. 2962(g)." Essentially, the Board reaffirms the right of the City of Pittsburgh to regulate where firearms transfers may legally occur, on the theory that is not a regulation of the transfer itself.

Having achieved the relief I requested - meaning the right of my law firm to hold an FFL - there is nothing for Greystone Legal Associates, P.C. to appeal. It will be up to some other citizen to challenge the legality of specially zoning of firearms transfers.

Or, the State Legislature can add the words "... by zoning or otherwise ..." to either or both of the preemption statutes, and tie up this "loophole."

In that regard, I will make my research and pleadings available.

i kinda figured they were going to come up with some way to grant you an exception so as to take away your standing.

i'm happy for you, but overall, it actually kinda sucks.

and, frankly, i can't wait to read the actual opininion because there is no way the actual ordinance allows them to grant you that exception. and there is also no way the actual preemption cause or home rule charter laws allow them to enforce the ordinance.

the only intellectually honest outcomes would have been for them to either invalidate the ordinance or deny you the the relief you did not request--thus setting up an appeal.

this case is a perfect example of the mechanism by which our constitutional republic is crumbling.

[PeteG]

Originally Posted by LittleRedToyota

i kinda figured they were going to come up with some way to grant you an exception so as to take away your standing.

i'm happy for you, but overall, it actually kinda sucks.

and, frankly, i can't wait to read the actual opininion because there is no way the actual ordinance allows them to grant you that exception. and there is also no way the actual preemption cause or home rule charter laws allow them to enforce the ordinance.

the only intellectually honest outcomes would have been for them to either invalidate the ordinance or deny you the the relief you did not request--thus setting up an appeal.

this case is a perfect example of the mechanism by which our constitutional republic is crumbling.

The remedy for nonsense like the recent passage of the patently illegal gun reporting law and this zoning law is political: elect city officials who will obey the law and, conversely, do not elect city officials for whom the law is merely an obstacle to achieving thier political objectives.

That is the essence of the "constitutional republic." If it is crumbling, it is because too many people are sitting around waiting for someone else to deal with the problem.

I do not recall guns being an election issue in Pittsburgh during my lifetime. It seems to come up only when they pass another piece of window dressing legislation about guns.

P.S. - You should call the Zoning Board of Adjustment and ask for a copy of the decision. A couple of hundred requests would at least let them know they are being watched.

[LittleRedToyota]

Originally Posted by PeteG

That is the essence of the "constitutional republic."

while you are absolutely correct, i would call that the essence of the republic part. the constitutional part is supposed to mean that you actually can sit on your butt and still not have your basic rights violated. or, at least, if you as an individual fight in court for your rights, it should not matter if you are standing all alone.

it is impossible to be protected from the whims of the masses without a constitution that is actually enforced by the courts. that is the whole point of having a constitutional republic rather than just a republic...or worse, a pure democracy.

If it is crumbling, it is because too many people are sitting around waiting for someone else to deal with the problem.

that is true. however, it is also true that our courts fail to enforce the constitution or rule of law. of course, even that comes back to who we vote for (or don't vote for)...we either directly elect the judges (or, in this case, zoning board members) or we elect the people who appoint them.

P.S. - You should call the Zoning Board of Adjustment and ask for a copy of the decision. A couple of hundred requests would at least let them know they are being watched.

i will do that...though i actually though i would get a copy since i testified at the hearing. i thought they mentioned that they would send the decision to everyone who testified, but i may have misheard.

at any rate, i will call and ask for the very reason you mentioned (and i want to read their logic...or lack thereof).

i also encourage everyone else who reads this to do the same. like you said, a couple hundred requests might actually send a message.

[gnbrotz]

Originally Posted by LittleRedToyota

i also encourage everyone else who reads this to do the same. like you said, a couple hundred requests might actually send a message.

And the best way for us to reach them would be......?

[LittleRedToyota]

Originally Posted by gnbrotz

And the best way for us to reach them would be......?

prolly by phone: 412-255-2231

here is their web page as well:

http://www.city.pittsburgh.pa.us/cp/...djustment.html

[PeteG]

that is true. however, it is also true that our courts fail to enforce the constitution or rule of law. of course, even that comes back to who we vote for (or don't vote for)...we either directly elect the judges (or, in this case, zoning board members) or we elect the people who appoint them.

Courts do sometimes fail to enforce the Constitution. More frequently, the Courts will enforce a view which does not square with how many read the constitution.

My point is that courts, no more than Sarah Palin, will save us. The Constitution is a statement of values. It does nothing to protect anyone. The political entities who swear to uphold it sometimes do and sometimes don't.

When they do, that's great. When they don't, it's not the end of the Republic but, rather, time for that body politic to whom all powers not specifically delegated are reserved to clean house.

But that sounds like work ... 'cause it is work. Most people prefer to eat thier sandwich and grouse.

There is very little time to rest if one is trying to maintain a free society. The forces that would co-opt and subvert the process to the personal advantage of a select few never rest.