Issue with City Code

Discussion in 'Firearm Related' started by kendal, Jan 14, 2011.

  1. kendal

    kendal New Member

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    Hello.
    I am currently in pursuit of my FFL.
    I visited my city zoning dept. two weeks ago to acquire a business license for my "E commerce" business.

    I was told that I would have to pay the 75 dollar business fee AND an additional 750 dollars because it is firearm related.

    When I told the Zoning dept. that their practice was in violation of O.C.G.A. § 16-11-173
    I was told that the fee is 750 dollars, it is a regulatory fee for any firearm business, and that I must pay it. This fee only applies to Firearms and Jewlers.

    I asked for this to regulatory fee to be given to me in writing. It was, on official city letterhead, and signed by the Mayor.

    This regulatory fee is in direct violation of State Law. I spoke with city attorney. He said he would call me back within four days. It has now been two weeks. I have called his office four times in the last week. I have left a message with his secretary each time.

    What should I do?
    Should I contact the State?
    Who should I contact?

    Thank you for your time GD.

    Respectfully,

    Citizen of Pooler

    [email protected]
     
  2. Puffyfish

    Puffyfish New Member

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    Sounds like he needs a personal visit. Might want to contact the State Attorney generals office before you go and take a lawyer with you.
    He's attempting to blow you off. Don't cave, demand this be cleared up.
     

  3. Match10

    Match10 Active Member

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    From my memory, the fees for licenses are not preempted by the state. They will give it to you, after all.
     
  4. kendal

    kendal New Member

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    Right now, I have the feeling that this is more along the lines of, "We don't want any gun dealers in our city limits, us against you, we have the city law and resources against you. Tuff luck. Pay us. Is contacting the the State Attorney the correct avenue for filing a grievance?
     
  5. mb90535im

    mb90535im Well-Known Member

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    You might also try your state rep and senator.
     
  6. kendal

    kendal New Member

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    I am just going to sit and wait. I have already sent off the paperwork to the ATF. If the ATF denies my FFL due to City zoning, etc, then I have legal grounds to pursue-and will. Right now, it is just me getting "ticked off, and geared up for a legal show down". In reality, they can "require" me to pay them all they want, but they are in the wrong...

    What I left out of the original post, was the face that was made when I answered firearms, parts, gunsmith services, etc. when I answered the zoning officials question of what I was going to be selling online.

    The face I was given would be one that I reserve for people that disgust me.

    Thanks for your time ya'll.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Maybe gun stores and jewelry stores are more frequently targeted by criminals, so the City is basing the business license cost on he higher odds that they'll have to use their police department to help you in the future?
    If you're a non-stocking dealer, maybe you can get them to waive the extra-high fee because without any storefront or significant inventory, you won't be attracting robbers.
     
  8. Adam5

    Adam5 Atlanta Overwatch

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    It seems this way to me also. The code does not say that can't charge an extra fee for the business licence.
     
  9. kendal

    kendal New Member

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    Clip:

    (b)(1) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components.

    The law was written in depth to show that the city can NOT regulate in any way.
    Simple to read.
    Simple to understand.
    Only a fool or a non-English reading/speaking person could, would, or will misinterpret this. (jab @ lawyers)(friendly)

    As for the "higher crime rate" post... What/where do you live? In America, we all pay taxes for the SAME police dept.
    Fact:
    I am currently an Officer of the Federal Govt. I have a Commission from the President of the United States.
    SHOULD my family or I receive or expect special treatment by any State or Local govt? NO
    Store owners / bankers / citizens / (even) lawyers all get the same services. No one is special.
    If anyone is so narcissistic to think otherwise... I encourage you to seek medical attention.

    Got to go, wife wants me to move the couch...
     
  10. Match10

    Match10 Active Member

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    Well, call me a fool then... Se habla inglés.

    Check.

    Check.

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    Check.

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    Check.

    Check.

    Check.

    Check.

    Check.

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    Check.

    I see nothing about regulating the fees. You can have the license, if you pay the fee. In fact, having a license implies a fee paid. They are not denying you your license. :wink: :wink: Do I still need to take the drugs?
     
  11. GAGunOwner

    GAGunOwner Active Member

    What if an anti-gun jurisdiction decides that they are going to use the fees as an anti-gun tool and raise the fees to a cost prohibited level ($1 Million a year)?

    An unreasonably high fee is definately "regulating" firearms by "other enactment."
     
  12. NTA

    NTA Well-Known Member

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    When Clinton's BATF raised the FFL fee, zillions, well at least three zillion table top dealers went away.
     
  13. kendal

    kendal New Member

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    The paperwork from the City states that the 750 dollar fee is a regulatory fee for firearm businesses.

    The point is, the CITY is trying to regulate firearm sales.

    Too easy.
     
  14. rmodel65

    rmodel65 Yukon Cornelius

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    maybe you should contact john monroe if you really feel you need pursue this ;)