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Thread: Arlington County Neighborhood Petitions Against Gun Store

  1. #1
    Regular Member TFred's Avatar
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    Arlington County Neighborhood Petitions Against Gun Store

    Nauck Residents Rally Against Possible Gun Shop

    Nauck residents have started circulating a petition to the Arlington County Board protesting a potential gun store in their neighborhood.

    The Nauck Civic Association sent out an email this week saying it heard from “reliable sources” that a gun shop was in lease negotiations with the owners of the Shirlington Heights Condominiums (2249 S. Shirlington Road).

    “We, the members of the Nauck Civic Association Executive Committee are very concerned about locating this business in our community,” the email states. “Although, we are attempting to solicit businesses to locate within our community, we are not convinced that this type of business fits the description of what the residents seek.”

    I would be curious on the legality of this.

    As a gun store is directly engaged in "the purchase [and] transfer" of "firearms, [and] ammunition", it would seem that 15.2-915 would cover this completely. I would assume this would preclude even zoning regulations specifically addressing gun stores. What possible legal avenue do they have to prevent a gun store from opening in an otherwise legal location?

    TFred

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    Regular Member SouthernBoy's Avatar
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    I lived in God-foresaken Arlington for nearly 24 and nothing surprises me about that messed up county. I know from several reliable sources that there is corruption in the county elections board, county board, and the police department. Pity the people like me who still live there.
    Last edited by SouthernBoy; 03-21-2014 at 01:11 AM.
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    They can pressure the condo board not to sign the lease.

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    Campaign Veteran skidmark's Avatar
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    Zoning regs are not covered by preemption. Trying to cram that argument into the discussion is - well, I can't say what it is if I want to remain socially appropriate.

    There are other laws and regs out there that can make it difficult for the civic association to convince the BOS to try and zone them out of business in an otherwise not-restricted location.

    http://leg1.state.va.us/cgi-bin/legp...+cod+15.2-2282

    http://leg1.state.va.us/cgi-bin/legp...+cod+15.2-2283

    http://leg1.state.va.us/cgi-bin/legp...+cod+15.2-2296

    http://leg1.state.va.us/cgi-bin/legp...+cod+15.2-2303

    http://leg1.state.va.us/cgi-bin/legp...+cod+15.2-2310

    There are also some federal regs. I'm too lazy to look them up.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    Zoning regs are not covered by preemption. Trying to cram that argument into the discussion is - well, I can't say what it is if I want to remain socially appropriate.
    I don't want to inflame the dialog, but I'm quite confused on why this would be the case. A zoning ordinance is exactly that, an ordinance put in place by a local jurisdiction. If that ordinance restricts the sale or transfer of firearms, how can it possibly not be in violation of 15.2-915? I haven't ever seen any "except for zoning ordinances" provisions...

    ETA: I live in a town with a historic district, which employs special zoning, architectural requirements, etc. What if they amended the zoning to say "in the interest of promoting the image of safety for our tourists, we prohibit the carry of firearms within the historic district." Clearly that would violate 15.2-915, I don't see how zoning out a gun store could be any different.

    TFred
    Last edited by TFred; 03-21-2014 at 11:45 PM.

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    Regular Member HPmatt's Avatar
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    If I was a 2A owner of one of the condos, I would put the board on notice that if they turn down a lease that is at-the-market in lease rent, they have fiduciary duties to act in a fiscally responsible manner. Would think this w/b a hard argument that a gun store attracts undesirables - I could see it with a restaurant (smelly cooking vent odors), an adult book store (too many adults), an Athiests reading room (why read when there is no G-d), a cake shop that does wedding cakes only for gays, but a gun store that is perfectly legal w/b an issue.

    However isn't this the Peoples Republic of Arlington - or is this only in the county?
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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by TFred View Post
    I don't want to inflame the dialog, but I'm quite confused on why this would be the case. A zoning ordinance is exactly that, an ordinance put in place by a local jurisdiction. If that ordinance restricts the sale or transfer of firearms, how can it possibly not be in violation of 15.2-915? I haven't ever seen any "except for zoning ordinances" provisions...

    ETA: I live in a town with a historic district, which employs special zoning, architectural requirements, etc. What if they amended the zoning to say "in the interest of promoting the image of safety for our tourists, we prohibit the carry of firearms within the historic district." Clearly that would violate 15.2-915, I don't see how zoning out a gun store could be any different.

    TFred
    No inflamation. Not even any bruising.

    Less than the Cliff Notes:

    Zoning regulates the conduct of business, which in the eyes of the courts has historically been differentiated from the civil right of the individual citizen to be unencumbered in the sale or transfer of firearms. Nor does zoning encumber the right/privilege of a FFL to sell or transfer firearms. It merely sets out those places that, "for the greater good of the community" '[/Hot Fuzzvoice], the FFL may not conduct business, or where the FFL must get special conditions (Special Use Permit) for conducting business.

    Get a program, lear how to score each player and each inning, and follow along.

    You have fallen into the trap that most casual perusers of the law get stuck in - that you read the statute without regard for all the rest of the statutes and all of the case law regarding said statutes. Among other reasons, it is why you are not yet a lawyer.

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    Regular Member BillB's Avatar
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    I was going to go law school; but, somehow they found out that my parents were married.
    Last edited by BillB; 03-22-2014 at 12:57 AM.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by BillB View Post
    I was going to go law school; but, somehow they found out that my parents were married.
    I never suggested you were, or even wanted to be an attorney.

    Lawyers = (usually) good

    Attorneys = spin the wheel and see what Lady Luck leaves on your doorstep.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  10. #10
    Regular Member cirrusly's Avatar
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    I also live in Arlington and am not surprised by the immature discriminatory actions against gun-owners. I would really like to see a gun store with good service and fair prices located closer to me. CurreI have to drive out of the beltway to get to one of my preferred stores now.

    Quote Originally Posted by HPmatt View Post
    If I was a 2A owner of one of the condos, I would put the board on notice that if they turn down a lease that is at-the-market in lease rent, they have fiduciary duties to act in a fiscally responsible manner. Would think this w/b a hard argument that a gun store attracts undesirables - I could see it with a restaurant (smelly cooking vent odors), an adult book store (too many adults), an Athiests reading room (why read when there is no G-d), a cake shop that does wedding cakes only for gays, but a gun store that is perfectly legal w/b an issue.

    However isn't this the Peoples Republic of Arlington - or is this only in the county?
    I agree. We need to sync up with the pro-2A owners in that community.
    I want to keep our founding fathers' visions and rights for this country pure. I implore you to do the same.

  11. #11
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by HPmatt View Post
    If I was a 2A owner of one of the condos, I would put the board on notice that if they turn down a lease that is at-the-market in lease rent, they have fiduciary duties to act in a fiscally responsible manner. Would think this w/b a hard argument that a gun store attracts undesirables - I could see it with a restaurant (smelly cooking vent odors), an adult book store (too many adults), an Athiests reading room (why read when there is no G-d), a cake shop that does wedding cakes only for gays, but a gun store that is perfectly legal w/b an issue.

    However isn't this the Peoples Republic of Arlington - or is this only in the county?
    All of the comparisons you make to gun shops ARE legal. Some of them could be discriminatory in their operation, but that is not a valid objection.

    The interjection of athiests and gays into the thread would seem to indicate a bias on your part and leans toward a rule violation - best to not go there.
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    Regular Member Thundar's Avatar
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    OK, so is there any zoning ordinance from any city, county, town, etc. that currently places restrictions on the sale of firearms? Maybe one exists, but I have never seen one.

    (there are many about ranges and the discharge of firearms, but that is not what we are talking about here.)
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Thundar View Post
    OK, so is there any zoning ordinance from any city, county, town, etc. that currently places restrictions on the sale of firearms? Maybe one exists, but I have never seen one.

    (there are many about ranges and the discharge of firearms, but that is not what we are talking about here.)
    In many municipalities such would need to be in a location zoned "business".
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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