The lights on in the L&L Sports gun shop in downtown Harrison may indicate that it is open for business, but opponents concerned with its impact on the central business district and its proximity to Parsons Elementary School have commenced several initiatives that they believe, in time, will produce results.
One group of residents is working with town officials and their attorneys on the possibility of an ordinance, the key elements of which are being researched. Federal and state laws concerning commerce in firearms pre-empt the local regulation of firearm transactions, as affirmed by the U.S. Supreme Court in the case of District of Columbia v. Heller (2008). That case overturned a city’s complete ban on handguns within city limits as contrary to the Second Amendment’s right to bear arms. But the case explicitly acknowledged that local zoning laws that regulate only where commerce in arms can occur comport with the Second Amendment.
Indeed, existing federal statutes recognize that, if applicable, firearms dealers must obtain a local business license or permit and comply with all local ordinances and regulations.
The state that has experienced the most activity in this area is California. Many municipalities in California have adopted ordinances that prohibit gun retailers from operating within specified distances from sensitive uses, such as residences, churches, parks, schools and day care centers. Other restrictions that have been incorporated in such ordinances include land use (“planning”) permits and law enforcement (“operating”) permits. Planning permits address typical land use concerns to ensure a use is compatible with its surroundings (e.g. buffers, hours of operation, noise controls, parking management, etc.), while operating permits ensure the person selling firearms meets state and federal requirements, while also meeting local concerns, such as security.
Under any proposed ordinance, L&L’s existing retail location would likely be allowed to remain because applying new laws retroactively is problematic.
A separate group of residents plans to assist a local resident in challenging the town of Harrison building inspector’s decision to approve the gun shop’s zoning change of use. The change of use relates to the site’s change from a retail service establishment to a retail store. This effort would entail an appeal to the town’s Zoning Board of Appeals, the main thrust of which would be that the building inspector erred in granting expedited approval of the gun shop’s application without having to undergo a full review by the Planning Board. Full Planning Board review would entail submission of a site plan, convening a public meeting and allowing a sufficient comment period, among other things. The expedited approval of the gun shop’s change of use application and the manner in which it was executed is a legitimate basis for a formal legal challenge.
A third group of residents is reviewing L&L Sports’ proposed and past business dealings to ensure that the business complies fully with applicable federal, state and local laws, as L&L Sports has claimed. Compliance with these laws is essential to the safety and security of Harrison residents.
Opponents are hopeful that, with the assistance of town officials and determined residents, they will be successful in arriving at a pragmatic solution that is acceptable to all interested parties, including L&L Sports. Like the fable of the tortoise and the hare, the gun shop has gotten off to a fast start due to the short notice of its opening, but concerned residents are confident that their sustained efforts will eventually catch up.
Frank Gordon is a resident of Harrison. The views expressed are his own.
