Pittsburgh's Discriminatory Zoning of "Firearms Businesses"

[WhiteFeather]

Got this email for a Call to Action!!!!!

Hearing that will appeal Pittsburgh's Discriminatory Zoning of "Firearms Businesses" THURSDAY, October 2, 10:00 a.m.,

A time urgent message from:

Harry Schneider, Legislative Chairman,
Pennsylvania Sportsmen’s Association, (The PSA)


On THURSDAY, October 2, at 10:00 a.m., the Pittsburgh Board of Zoning Adjustment will hear an appeal brought by pro-gun rights attorney Peter Georgiades.


Mr. Georgiades is challenging the legality of a recently enacted provision in the Pittsburgh zoning code which singles out "gun related businesses" (meaning any business which requires a license from BATFE) for special zoning.



The zoning is very restrictive, disallowing "gun-related businesses" from most locations within the City which are zoned commercial, and it applies only to businesses which in any way involves the “sale” of firearms, “either by wholesale or retail, mail order or any other manner.” These special burdens and restrictions include:



(a) Restricting the number and types of zoning districts in which any business which engages in the transfer of firearms in any manner may be located, limiting their location to industrial districts or downtown;
(b) Making any business which engages in the transfer of firearms in any manner a “conditional use” in every zoning district in which they are allowed at all;
(c) Prohibiting any business which involves the transfer of ownership in firearms in any manner within specified distances of schools, playgrounds, public or non-profit recreation facilities (but not for-profit recreation facilities), drug or alcohol rehabilitation centers, houses of worship or “gaming enterprises.”
(d) Requiring unspecified “security” precautions with respect to one who engages in the transfer of firearms, in addition to those already required under Federal law.

This zoning law is based upon an unspoken and unsupportable presumption that gun-related businesses are dangerous, corrupting of youth, or otherwise harmful or undesirable anywhere near, inter alia, schools, churches, residences, or playgrounds. Georgiades maintains this zoning law is like those which have been successfully used to completely drive adult uses out of many cities (including Pittsburgh), with two important differences. One is that special zoning for adult uses was supported by evidence of adverse "secondary effects" of adult speech. The other is that the Legislature in Pennsylvania has expressly preempted laws designed to regulate the posses and transfer of firearms.

The preemption provision provides: "– 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." This is clearly an attempt to end-run the preemption statute, and regulate, in some manner, the transfer of firearms.




People who want to actually do something about discrimination against gun owners can help by attending the hearing. There is a sign-in sheet next to the door. Those who care about 2nd Amendment rights should attend and indicate that they "support" the appeal.



The hearing room is on the first floor of the ROBIN CIVIC BUILDING, 200 ROSS STREET (which is at the intersection of Second Avenue and Ross Street - near the wall mural of the Pittsburgh Pirate players).

This case is important to the continued commercial availability of firearms and ammunition within the City of Pittsburgh . If the City of Pittsburgh is able to zone out firearms dealers, any township or municipality in Pennsylvania with an anti-gun agenda can - and most probably will - seize this opportunity.

Opinions from residents of Pittsburgh residents will carry the most weight.
However, any citizen may attend and tell the board that they are in favor of
the appeal.
Please mark your calendar and attend if possible.




Harry Schneider, Legislative Chairman
Pennsylvania Sportsmen's Assn., (PSA)
e-mail psa@pagunlaws.com

GO, GO, Pro-Gun attorney Pete G..........
Its gun owners like Pete G that do more than just talk the talk, they do there part and stand up to be counted when needed the most.

[TonyF]

FYI,

PeteG is the Director of the F.I.R.E. Institute.

[Shawn.L]

FYI,

PeteG is the Director of the F.I.R.E. Institute.

Thought that name sounded familiar.

great work ! Hope some people can show up. Too bad its early on a weekday.

[D-FENS]

WOW. I'm wondering how I haven't heard about this...

Thank you VERY VERY much, PeteG. I'll try to be there as a City of Pittsburgh resident to support your appeal.

I want to ask: Will Mr. Onorato be raising the Drink Tax to fund the lawsuit against the city for violating state pre-emption?

[Kaos]

WOW. I'm wondering how I haven't heard about this...

Thank you VERY VERY much, PeteG. I'll try to be there as a City of Pittsburgh resident to support your appeal.

I want to ask: Will Mr. Onorato be raising the Drink Tax to fund the lawsuit against the city for violating state pre-emption?

He actually said he's lowering it to %7 because @ %10 it generated way more money than they thought it would.

gee....funny thing is that's with reduced turnout at bars to begin with.

[LittleRedToyota]

go pete.

i am planning on attending the meeting.

[adymond]

I almost want it to stick.

Before you flame listen to why.

1. Class action suite against the cities who are preempting state firearms laws (Philly, Reading, Allentown, Pitt, etc.) on behalf of all gun owners in PA.

2. Get active in a local area that could be a "haven" for FFLs or other firearms businesses giving that smaller town much tax income and really being an example to what the legal purchase and transfer can do for a town and it's citizens.

Both of those things would serve to show the stupidity of preempting state law. And the benefit of legal ownership and transfer of firearms.

[Statkowski]

Gee, what if no more ammo dealers in Pittsburgh? Simple solution, have out-of-city ammo dealers stop selling ammunition to the Pittsburgh P.D. and its officers.

[jerkin]

Wow, Pittsburgh really isn't any better than Philly is it? I'm really starting to despise the burg, well at least their politics. I worked there 1 day this year for a company that insisted I go on their payroll for that 1 day because of insurance purposes and got charged their stupid $50 work tax or whatever it's called. Shouldn't even have taken the job.

[adymond]

Gee, what if no more ammo dealers in Pittsburgh? Simple solution, have out-of-city ammo dealers stop selling ammunition to the Pittsburgh P.D. and its officers.

I like that idea in conjunction with the two I gave. Isn't there something about most manufacturers not selling firearms to CA LEO for similar issues? I'm sort of torn on that since it could put good people in greater danger, but at the same time I like that they are taking a stand.