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Court: Ban on gun shops OK???
pat1
Member Posts: 337 ✭✭✭
Court: Ban on gun shops OK
By Peggy Kreimer, Post staff reporter
A Kentucky appeals court has ruled that zoning laws can prohibit gun shops, a decision that a Newport gun shop owner says will open the gates for cities to practice gun control through zoning.
Peter Garrett, owner of Peter Garrett Gunsmith in Newport, said he will take his case to the Kentucky Supreme Court.
"If it's struck down in the Supreme Court, we will go to the legislature and have the law changed," Garrett said.
The Kentucky Court of Appeals ruled Friday that Campbell Circuit Court was correct in upholding the zoning regulations of the cities of Dayton and Bellevue that ban gun shops in certain zones. Both cities have areas where gun shops are allowed.
Garrett had wanted to expand his business into Dayton and Bellevue, but was told the zoning in the areas he was eying did not allow such businesses.
Garrett had argued that state law says local governments may not "occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition or components of firearms."
He said prohibiting a gun shop through zoning violates that law.
The appeals court judges said the law does not specify location and zoning laws do not regulate the areas specified in the state law.
Garrett said the areas that would allow a gun shop were not suitable for his small shop. He said Dayton's zoning would allow his business only on the undeveloped riverfront and Bellevue would allow him in the shopping center, where available spaces were too large.
"This is ludicrous," Garrett said. "Every self-important city official with an anti-gun bias will start passing zoning laws against guns."
The appeals court, however, upheld the cities' authority to regulate zoning.
The court's opinion read: "Without the power to control the location of gun shops and firearm dealers, a city could find itself at the mercy of the firearms business that could begin operating wherever they choose, for example, in the heart of a community surrounded by single-family homes. In short, we conclude the trial court ruled correctly on this issue."Someone, tell me again we have Property rights? Or for that matter, what Rights do we have left? ...
By Peggy Kreimer, Post staff reporter
A Kentucky appeals court has ruled that zoning laws can prohibit gun shops, a decision that a Newport gun shop owner says will open the gates for cities to practice gun control through zoning.
Peter Garrett, owner of Peter Garrett Gunsmith in Newport, said he will take his case to the Kentucky Supreme Court.
"If it's struck down in the Supreme Court, we will go to the legislature and have the law changed," Garrett said.
The Kentucky Court of Appeals ruled Friday that Campbell Circuit Court was correct in upholding the zoning regulations of the cities of Dayton and Bellevue that ban gun shops in certain zones. Both cities have areas where gun shops are allowed.
Garrett had wanted to expand his business into Dayton and Bellevue, but was told the zoning in the areas he was eying did not allow such businesses.
Garrett had argued that state law says local governments may not "occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition or components of firearms."
He said prohibiting a gun shop through zoning violates that law.
The appeals court judges said the law does not specify location and zoning laws do not regulate the areas specified in the state law.
Garrett said the areas that would allow a gun shop were not suitable for his small shop. He said Dayton's zoning would allow his business only on the undeveloped riverfront and Bellevue would allow him in the shopping center, where available spaces were too large.
"This is ludicrous," Garrett said. "Every self-important city official with an anti-gun bias will start passing zoning laws against guns."
The appeals court, however, upheld the cities' authority to regulate zoning.
The court's opinion read: "Without the power to control the location of gun shops and firearm dealers, a city could find itself at the mercy of the firearms business that could begin operating wherever they choose, for example, in the heart of a community surrounded by single-family homes. In short, we conclude the trial court ruled correctly on this issue."Someone, tell me again we have Property rights? Or for that matter, what Rights do we have left? ...
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