Pinole council adopts ban on home gun sales

[Meiko]

It is surprising how many towns still allow home FFL's to operate. It looks like they put a stop to this one.

By Tom Lochner
Contra Costa Times
Posted: 05/02/2012 04:20:51 PM PDT
Updated: 05/02/2012 09:20:52 PM PDT

The Pinole City Council this week formally adopted an ordinance banning the sale of firearms and ammunition from home businesses and restricting them to commercial areas, bringing to a close an often-heated debate centering on Second Amendment rights that dragged on for months.
The council also extended an existing moratorium on home-occupation use permits for firearm and ammunition sales to cover the 30-day waiting period before the ordinance adopted Tuesday becomes effective and give the city clerk time to publish the ordinance in the newspaper.
Both the moratorium extension and the second reading of the ordinance passed 4-0; Mayor Pete Murray was absent. There was no public comment or council debate on either item Tuesday, in stark contrast to previous City Council and Planning Commission actions on the subject.
On April 17, gun control advocates vastly outnumbered gun rights activists when the council voted 5-0 for the ordinance banning home firearm sales, with Councilman Phil Green joining the rest of the council after what he described as a personal struggle with the issue. Councilwoman Debbie Long commented that it would be great to have more gun businesses in commercial areas of Pinole and the sales taxes they would generate.

http://www.mercurynews.com/breaking-news/ci_20533669/pinole-council-adopts-ban-home-gun-sales

[ileus]

1. The last firearm I bought was out of a dinning room.

He's pretty easy to deal with....find something I like. Call him up and he'll order it, go to his house when it arrives.

Of course you don't buy accessories or ammo so he's not running a full shop, but he does have the best prices on firearms.

Downside is he can't get the latest and greatest in demand firearms (Like the Shield) and he's not a good person to go if you're in the mood for an impulse buy.

[Callisto32]

2. I'm...extremely confused.

I was under the impression that having a storefront and keeping public hours were requirements to be issued a full FFL.

The article doesn't mention any known incidents in the county of unlicensed gun dealers being the source of any particular evil, or even existing.

Official reaction: It looks like they want to force future FFL holders into buildings with higher tax bills, no more no less. This is pretty sick in itself, and reeks of Kelo.

Conspiracy-theory-style reaction: It is an attempt to make sure prices of guns and ammo stay higher. I have used a number of FFL dealers over the years, the two that I use now both have two very important things in common: consistently low prices, and doing business out of spaced that is attached to their home. I suspect these two things are linked.

[melm00se]

3. IIRC that is a requirement for a new FFL

but if you had an FFL that predates that requirement you are ok.

[Callisto32]

7. AhHA.

Yes, you are correct.

Thank you for jogging my memory. I have a great uncle "the dumbest thing I ever did was let that FFL expire..." Now its all coming back to me.

[Atypical Liberal]

5. Not true at all.

On the FFL application you do have to list business hours, and these are the hours when you can and will be inspected.

But the only issue with operating an FFL out of your home is that you are not violating any local zoning ordinances that would prevent you from operating a business in your home.

The FFL that I use for transfers operates his business out of a garage on his property. He is a gunsmith.

[Callisto32]

8. I didn't mean you needed a place other than your house.

But don't you actually need to keep public business hours? Like, you can't get an FFL just to advance your own personal collection? (I know about C&R, I mean a full on FFL.)

[Atypical Liberal]

10. Correct.

You need actual business hours where you will be available for BATFE inspection. You do not need to have a public storefront.

[Remmah2]

4. No problem.

Next election vote the city council and mayor out. Reverse the ordinance.

No problem. Democracy is good.

[PavePusher]

6. Some people hate home businesses.

"Councilwoman Debbie Long commented that it would be great to have more gun businesses in commercial areas of Pinole and the sales taxes they would generate."

So, it really is "all about the money". Huh.

[Callisto32]

9. Like I said above:

This reeks of Kelo.

http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London

http://www.law.cornell.edu/supct/html/04-108.ZS.html