Preemption and Zoning?

**FJW** · June 10th, 2017, 10:30 AM

A good question would be:

Would your new neighbors be richer than you?
Because if they are and they are anti-gun, guess what...
The road to pre-emption will be much longer.

I kind of agree with the poster above who suggested maybe you might just choose to stay away from neighborhoods like that one. But then again, if we all start thinking that way we'll be enabling the whole "gated community" culture which is taking over America.

**Walleye Hunter** · June 10th, 2017, 10:37 AM

I have seen the 'no impact' clause before and I wonder if it includes increased UPS deliveries to the site. Right or wrong do you have the money (or want to spend the money) on a prolonged battle? I have seen guys in agricultural districts get their way by staring up a pig farm but I don't think that'll work in a redisential district of any sort.

**longcall911** · June 10th, 2017, 11:04 AM

Originally Posted by duqjeep2010

So I feel like because they allow some home occupations this violates preemption

I'm not sure you understand the preemption code 6120. It is not because they allow some home businesses. It is unlawful for any municipality to have such an ordinance that prohibits the sale of guns or ammo. Only the State of PA can regulate firearms (and fed gov of course) no county, or municipality.

I ask again... so what? What can you do?

To resolve it you must sue them to have the ordinance rescinded. You can't sue unless you've been issued a summons. You can't be issued a summons unless you've bought the house and opened your business. If that happens it will likely cost tens of thousands of dollars to fight it and in the end you may lose because of a liberal judge who makes shit up.

Is this particular house worth all that to you? If so, go for it.

**ItchyTick** · June 10th, 2017, 05:23 PM

Attorney question.

**GunLawyer001** · June 10th, 2017, 06:07 PM

You wouldn't be able to get an FFL without the locals providing ATF with a letter stating that your location is zoned for retail sales, if you plan on doing transfers. It looks like none of the "home businesses" are retail activities.

You could argue that "jewelry or watch repair" is indistinguishable from gunsmithing, so far as the neighbors are concerned. Depends on how much you want to spend on lawyers, if you want to limit your activity to gunsmithing.