Preemption and Zoning?

[duqjeep2010]

So I am looking to purchase a house and I would like to have an option to have an FFL down the road for various business ventures since I am no longer affiliated with an FFL.

One home they specifically state no businesses conducting the sale of firearms and ammunition will be permitted in any zoning district in the township.

Preeemption states

"No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth."

In my layman interpertation those zoning variances would violate preemption but I was hoping someone had some actual expierences with this.

[markshere2]

My suggestion: Leave that location in the " Hell NO!" column on your list.

Obviously that's a bucha horseshit, but it's a leading indicator about what kind of neighborhood it is.

Or you can choose to enter into a long running battle with your neighbors....

[Statkowski]

Or you can choose to enter into a long running battle with your neighbors....

Let's hope it's a verbal battle.

[knight0334]

If the zone is a residential area - the municipality would have good standing.

If the zone is commercial - well, the municipality would have pretty much no leg to stand on.

[longcall911]

IANAL... If you are correct in the language stated, I would say the ordinance is unlawful as it violates 18 Pa.C.S §6120.

Of course the problem is that to overcome it, you would need to buy the house, begin doing your in-home FFL business, get a summons, plead not guilty and sue the municipality for injunctive and declaratory relief. Depending on the judge, you may or may not win. You could then appeal if necessary.

Is that house worth all that? The principle of the issue sure is. But you would take on a huge burden. Oh, and don't expect many 2A supporters to come to your rescue in terms of monetary support. Unfortunately, the majority all mouth. :-)

[gooseSA40]

So I am looking to purchase a house and I would like to have an option to have an FFL down the road for various business ventures since I am no longer affiliated with an FFL.

One home they specifically state no businesses conducting the sale of firearms and ammunition will be permitted in any zoning district in the township.

Preeemption states

In my layman interpertation those zoning variances would violate preemption but I was hoping someone had some actual expierences with this.

I cannot say if it does or does not violate preemption, but I will tell you that the Municipal Planning Code (MPC) requires townships to allow for every type of "use." Depending on how old the zoning ordinance is, there could be a section describing the "uses not defined." This "uses not defined" section describes where / how, and (usually) the process for a "use" currently not in the zoning ordinance.

The problems are similar to a township trying to prevent "adult" bookstores. The township will allow it, but with great restriction...Certain area, size of building, hours of operation, signage, etc.

If the house is worth it, you will need a good municipal attorney to work with the township 12-18 months prior to you selling anything.

[Rosco the Iroc]

Just make sure you have it in writing if okay. Just got done with my home FFL application interview and they were sure to check it. I should have it in about a week.

[longcall911]

I cannot say if it does or does not violate preemption....

§ 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

It is clear to me that any ordinance prohibiting a firearms business is a violation. I'd want to see the ordinance, before betting my life though... :-)

[duqjeep2010]

§ 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

It is clear to me that any ordinance prohibiting a firearms business is a violation. I'd want to see the ordinance, before betting my life though... :-)

So here is the code for the zoning district the home is in.

only the following uses are authorized:
No-impact home-based business, subject to § 245-180.

All no-impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
D.
No on-site parking of commercially identified vehicles shall be permitted.
E.
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
F.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
H.
The business shall not involve any illegal activity.

Then you find under "home occupations"

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, by special exception only, including, but not limited to: (15) Sale of guns, firearms and ammunition.

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

[duqjeep2010]

Here are the "permitted home occupations"

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio.
(2)
Catering off the premises.
(3)
Contracting business, excluding outside storage of materials or equipment.
(4)
Computer programmer, data processor, or writer.
(5)
Consultant, clergy, counselor, bookkeeping, graphics or drafting services.
(6)
Dressmaker or tailor.
(7)
Professional offices that involve routine visitation by customers or clients.
(8)
Housekeeping or custodial services.
(9)
Interior designer.
(10)
Jewelry and/or watch repair, not including wholesale or retail sales.
(11)
Lawn mower and small engine repair in the A-1 District only.
(12)
Locksmith.
(13)
Mail-order business.
(14)
Manufacturer's representative.
(15)
Repair of small household appliances that can be hand carried.
(16)
Telemarketing.
(17)
Travel agent.
(18)
Tutoring or any other instruction to no more than four students at any one time.
(19)
Word processing, typing, or secretarial services.

I was planning mostly Transfers, Offsite Training, Gun Shows and Online sales so I do not see how this would be different than any other home business except for dealing with guns.