Noblesville pushback on home FFL

[ojmjr]

I'm not sure if this would go here but here it is.
I applied for an FFL and got to the inspection part an the ATF agent said he called Noblesville zoning and they will not allow retail sales from home.
I can't get them or ATF to budge even though there are several other home FFL holders in town, there is even one in my own subdivision.
I don't know where to turn next and hope someone has some good ideas or perhaps even an attorney that may want to help in a challenge.
I need help ASAP

 

[T.Lex]

Were you intending to do "retail" sales from your home?

Seems like - and this isn't really advice, but an observation - that handling transfers for people who already bought retail elsewhere would not be a problem. If you were really planning on doing retail in a neighborhood, I can understand their concern.

 

[ojmjr]

Retail sales, no.
I want to do transfers and internet and gun show sales but the city says no and ATF says retail sales must be allowed.
I just don't get it.
As I said there are several others around town and one around the corner from my house.

 

[T.Lex]

The previous ones may have been from before the zoning was in place or somehow slipped through. Generally, cities are allowed to start enforcement of those things "with the next one."

It would be costly to fight it.

 

[M67]

Retail sales, no.
I want to do transfers and internet and gun show sales but the city says no and ATF says retail sales must be allowed.
I just don't get it.
As I said there are several others around town and one around the corner from my house.

Anymore to get an FFL you have to be in the business to make money, transfers and stuff like that don't count, it's getting harder to get a garage FFL

 

[churchmouse]

Anymore to get an FFL you have to be in the business to make money, transfers and stuff like that don't count, it's getting harder to get a garage FFL

Yes it is.
A lot of areas do not want business traffic. I can see this and even though I do not agree with the zoning I can agree about the traffic depending on where the op lives. If you are deep in a sub-division then I tend to lean towards the residents and their desire to keep things low key.
Also in this anti 2A meat grinder we find ourselves living in a lot of people just do not want to live close to any activity of this sort.

 

[jwh20]

If your property location is not zoned for your intended use, and it appears that "retail" is what is in play here, then your only option is to seek a variance. That doesn't require a lawyer but you'll probably want to employ one so that you get all your paperwork in order. That also doesn't mean your variance will be approved but if you really want to do this it's the only option. If there are other retail businesses operating in your area, that's a good selling point.

Failing that, your next best solution is to rent some "retail" space somewhere. Zoning is a double-edged sword. It keeps things we don't like out of neighborhoods but also can impede us from doing what we might want.

 

[ojmjr]

That is my thought at this time.
It would be great if a lawyer out there would be interested in helping out really inexpensively

 

[Ricnzak]

It would be great if a lawyer out there would be interested in helping out really inexpensively

There's no santa ojmjr

But I will sign you're petition

 

[femurphy77]

That is my thought at this time.
It would be great if a lawyer out there would be interested in helping out really inexpensively

"If you require an attorney but can't afford one, one will be provided for you"

But I'm guessing you're trying to avoid getting into that situation!

 

[JettaKnight]

So, the ATF says, "you must do retail or no FFL01 for you!" and Noblesville says, "No retail operation in you home!"

Catch 22, amirite?

You say you're in a a subdivision, did you check your covenants? Not all HOAs are litigious, but covenants are tend to be pretty hard, if not impossible, to fight. Zone variances can be granted, but my guess is it would take a lot of leg work and convincing your neighbors to allow your business.

As to, "well they do it four houses down!" Grandfathering. Someone starts something, eventually for various reasons it becomes a nuisance, laws are erected to prevent new ones.

The law that prevents your "gun store" is the same one preventing your neighbor from opening a hair salon (with TONS of traffic).

 

[ojmjr]

HOA does not prevent it.
Spoke to them personally

 

[phylodog]

The other FFL holders in your area may have obtained them for gunsmithing purposes. That is how I obtained mine which made it easy to avoid the signage, parking and traffic issues.

 

[ojmjr]

The one in my subdivision got his selling tactical supplies and the other to do transfers.
The transfer one got a letter from the city, I have a copy, but they wont give me the same thing.

 

[IndyGlockMan]

Try Guy Relford on WIBC, "the gun guy".
Maybe send him an email or a message on Twitter
If he can't help, I'm sure he knows somebody that does.

 

[ojmjr]

Thanks, I will.