Mike
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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
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
