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Is gun dealing neighborly?
Josey1
Member Posts: 9,598 ✭✭
Is gun dealing neighborly? Swartz Creek residents of two minds on sales from homes
Sunday, May 12, 2002
By Elizabeth Shaw
JOURNAL STAFF WRITER
Swartz Creek - The gun control debate is at the heart of an ongoing saga in Swartz Creek, where the Planning Commission recommended approval last week for the city's second request for a home gun dealership.
The two cases illustrate the wide spectrum of public opinion on the emotionally charged issue: In March, the first request met with loud protest from neighbors worried it would encourage break-ins and increase safety hazards for neighborhood children.
The second case, heard last week, faced no opposition at all. Instead, words of support were the only voices raised.
"It definitely surprised me," said City Councilman Richard Abrams, who was in the audience Tuesday night expecting to see crowds of protesters again. "Maybe the other one discouraged residents from making comment this time."
Gun control advocates would like to see Swartz Creek reject home business requests from gun dealers. But the city's home occupation ordinance, which requires a permit for residents to operate a home business, has no real power to control home gun sales.
"A lot of people fail to realize any individual can sell guns out of their home without a (federal firearms dealer) license," said Planning Commission member Mike Shumaker.
Having a federal firearms dealer license merely removes the need to apply for individual permits for each transaction.
By law, the Planning Commission must recommend approval if a home business request meets all the requirements of the ordinance - including guidelines regarding noise, use of utilities, advertising and business hours.
The ordinance does not list gun dealerships among prohibited uses, which include auto repair, kennels and restaurants.
"According to our attorneys, if you meet the criteria of the ordinance we have not much choice but to grant the permit. So can we change the criteria? Not unless we want to end up in a court fight," City Manager Paul Bueche said. "The right to buy and sell guns is pretty well-protected by a whole lot of state and federal regulations."
The result is the city is essentially powerless to stop home gun dealerships but must take any resulting heat from irate residents, he said.
When the local ordinance was created about 10 years ago, its primary target was controlling issues such as traffic, parking and signs in residential neighborhoods.
Now, gun control has earned an unexpected focus, thanks in part to a growing firearms market since the state's revised concealed weapons law went into effect in July, combined with changes in the way the federal firearms dealers licenses are issued.
"A bigger market for guns means there are more people going into the gun dealer business," said Bueche, who also has served as Swartz Creek's police chief for more than 25 years. "I'm fairly certain we'll be facing even more of these in the future."
Michigan's "shall issue" law says every adult is entitled to a concealed weapon permit as long as he or she has no felony convictions, no recent misdemeanor convictions and no history of mental health problems. However, they must complete a gun safety course taught by a certified instructor.
A Flint Journal analysis shows Swartz Creek had 61 concealed weapons applications between July 1, when the law took effect, and April 19, according to the Genesee County clerk's office. That's, just over one permit per every 100 residents.
On a per capita scale, that places Swartz Creek in the upper half of county communities. Gaines Township topped the list at 1.54 percent and Goodrich came in at the bottom with 0.14 percent.
It's unclear if the number of home gun dealers has increased in Michigan since the CCW law took effect last year.
A spokeswoman for the federal Bureau of Alcohol, Tobacco and Firearms said the agency does not track those numbers.
The ATF interviews everyone who applies for a gun dealer license and will not issue a license if the business does not comply with local and state ordinances, said spokeswoman Vera Fedorak. Until the federal requirements were changed in the mid-1990s, the ATF issued licenses without notifying local officials.
Some local ordinances allow gun dealers to operate out of their homes, and others do not, Fedorak said.
In Flint Township, the Planning Commission has denied permits for several people who wanted to sell guns from their homes, said Building Director Galen Jamison.
The township ordinance says the business cannot occupy more than 20 percent of the floor area, change the home's outside appearance or generate extra traffic, he said.
The commission holds a public hearing and can deny an application if there is neighborhood opposition, Jamison said. The Planning Commission ruling can be appealed to the Township Board, but none of the recent cases have gone that far, he said.
At least Swartz Creek's home occupation permits give the city some regulatory control, Bueche said.
"If there's any reasonably substantiated complaint from a neighbor, we can do something about it. That's not as easy to do without the permit."
But Bueche doesn't believe that crime rates would be affected either way.
"Is there a chance the neighborhood teen who knows there's guns in the house will break in? Yes. But that chance is there anyway with all the guns in houses nowadays," he said.
In the city's earlier case involving a state trooper's home gun dealership, extraordinary measures were taken to safeguard storage.
"Nothing short of a plastic explosive is going to open that kind of gun safe," Bueche said.
The second dealer also uses a gun safe. Still, some residents remain uneasy.
"Will these permits continue to be approved for every applicant who promises not to put a sign in his front yard?" said Marsha Kessler, a mother opposed to home gun dealerships. "How many weapons dealers can our five square miles hold?"
Staff Writer Ken Palmer contributed to this report. Elizabeth Shaw covers Flushing, Swartz Creek and western Genesee County. She can be reached at (810) 766-6311 or eshaw@flintjournal.com
http://www.mlive.com/news/fljournal/index.ssf?/xml/story.ssf/html_standard.xsl?/base/news/1021213211162340.xml
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Sunday, May 12, 2002
By Elizabeth Shaw
JOURNAL STAFF WRITER
Swartz Creek - The gun control debate is at the heart of an ongoing saga in Swartz Creek, where the Planning Commission recommended approval last week for the city's second request for a home gun dealership.
The two cases illustrate the wide spectrum of public opinion on the emotionally charged issue: In March, the first request met with loud protest from neighbors worried it would encourage break-ins and increase safety hazards for neighborhood children.
The second case, heard last week, faced no opposition at all. Instead, words of support were the only voices raised.
"It definitely surprised me," said City Councilman Richard Abrams, who was in the audience Tuesday night expecting to see crowds of protesters again. "Maybe the other one discouraged residents from making comment this time."
Gun control advocates would like to see Swartz Creek reject home business requests from gun dealers. But the city's home occupation ordinance, which requires a permit for residents to operate a home business, has no real power to control home gun sales.
"A lot of people fail to realize any individual can sell guns out of their home without a (federal firearms dealer) license," said Planning Commission member Mike Shumaker.
Having a federal firearms dealer license merely removes the need to apply for individual permits for each transaction.
By law, the Planning Commission must recommend approval if a home business request meets all the requirements of the ordinance - including guidelines regarding noise, use of utilities, advertising and business hours.
The ordinance does not list gun dealerships among prohibited uses, which include auto repair, kennels and restaurants.
"According to our attorneys, if you meet the criteria of the ordinance we have not much choice but to grant the permit. So can we change the criteria? Not unless we want to end up in a court fight," City Manager Paul Bueche said. "The right to buy and sell guns is pretty well-protected by a whole lot of state and federal regulations."
The result is the city is essentially powerless to stop home gun dealerships but must take any resulting heat from irate residents, he said.
When the local ordinance was created about 10 years ago, its primary target was controlling issues such as traffic, parking and signs in residential neighborhoods.
Now, gun control has earned an unexpected focus, thanks in part to a growing firearms market since the state's revised concealed weapons law went into effect in July, combined with changes in the way the federal firearms dealers licenses are issued.
"A bigger market for guns means there are more people going into the gun dealer business," said Bueche, who also has served as Swartz Creek's police chief for more than 25 years. "I'm fairly certain we'll be facing even more of these in the future."
Michigan's "shall issue" law says every adult is entitled to a concealed weapon permit as long as he or she has no felony convictions, no recent misdemeanor convictions and no history of mental health problems. However, they must complete a gun safety course taught by a certified instructor.
A Flint Journal analysis shows Swartz Creek had 61 concealed weapons applications between July 1, when the law took effect, and April 19, according to the Genesee County clerk's office. That's, just over one permit per every 100 residents.
On a per capita scale, that places Swartz Creek in the upper half of county communities. Gaines Township topped the list at 1.54 percent and Goodrich came in at the bottom with 0.14 percent.
It's unclear if the number of home gun dealers has increased in Michigan since the CCW law took effect last year.
A spokeswoman for the federal Bureau of Alcohol, Tobacco and Firearms said the agency does not track those numbers.
The ATF interviews everyone who applies for a gun dealer license and will not issue a license if the business does not comply with local and state ordinances, said spokeswoman Vera Fedorak. Until the federal requirements were changed in the mid-1990s, the ATF issued licenses without notifying local officials.
Some local ordinances allow gun dealers to operate out of their homes, and others do not, Fedorak said.
In Flint Township, the Planning Commission has denied permits for several people who wanted to sell guns from their homes, said Building Director Galen Jamison.
The township ordinance says the business cannot occupy more than 20 percent of the floor area, change the home's outside appearance or generate extra traffic, he said.
The commission holds a public hearing and can deny an application if there is neighborhood opposition, Jamison said. The Planning Commission ruling can be appealed to the Township Board, but none of the recent cases have gone that far, he said.
At least Swartz Creek's home occupation permits give the city some regulatory control, Bueche said.
"If there's any reasonably substantiated complaint from a neighbor, we can do something about it. That's not as easy to do without the permit."
But Bueche doesn't believe that crime rates would be affected either way.
"Is there a chance the neighborhood teen who knows there's guns in the house will break in? Yes. But that chance is there anyway with all the guns in houses nowadays," he said.
In the city's earlier case involving a state trooper's home gun dealership, extraordinary measures were taken to safeguard storage.
"Nothing short of a plastic explosive is going to open that kind of gun safe," Bueche said.
The second dealer also uses a gun safe. Still, some residents remain uneasy.
"Will these permits continue to be approved for every applicant who promises not to put a sign in his front yard?" said Marsha Kessler, a mother opposed to home gun dealerships. "How many weapons dealers can our five square miles hold?"
Staff Writer Ken Palmer contributed to this report. Elizabeth Shaw covers Flushing, Swartz Creek and western Genesee County. She can be reached at (810) 766-6311 or eshaw@flintjournal.com
http://www.mlive.com/news/fljournal/index.ssf?/xml/story.ssf/html_standard.xsl?/base/news/1021213211162340.xml
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
Helping keep America free: One gun at a time.
PC=BS
I've noticed a lot of the home dealers wind up paranoid about robberies though.
I'd like to have an FFL just to do transfers for mail order transactions, but I'm afraid the BATF will come and ask to see my zoning waiver for the business.
- Life NRA Member
If dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878