FFL Denied...............

[MRMCR]

So a few months ago I did all the paperwork for my FFL.......last week I heard back from an ATF agent out of NY.......she said it looks good on their end and the state of NJ should have no problem....but your Township ( Cranford ) does not allow any firearms sales........so she suggested I withdraw my application and could always try again at a future date.......I basically was only gonna do transfers but you also have to get a retailers license.......I own a small commercial building on a quiet dead end street which is zoned for retail so this is where I would work out of......anyway.....I would do everything legally of course and guns are legal to sell so Does it violate my constitutional rights that the township does not allow this ??  Is it worth it to get a lawyer ?? and can anyone recommend one locally  who may have an interest ?  I was kinda sad and disappointed I was denied locally......At this point I think its a Constitutional issue.....I was never doing this as a money making enterprise......Thanks for your opinions........

[hostak126]

Definitely look into the township laws and ordinances regarding the sale of firearms. It might be worth it to talk to a lawyer who has more knowledge on the subject. You might just have a case.

[Sako76]

Call Scott Bach, sorry, I don't have his number.  Whatever you do, don't use Gary Needleman!

 

 

 

 

  

[JD48]

1 hour ago, MRMCR said:

So a few months ago I did all the paperwork for my FFL.......last week I heard back from an ATF agent out of NY.......she said it looks good on their end and the state of NJ should have no problem....but your Township ( Cranford ) does not allow any firearms sales........so she suggested I withdraw my application and could always try again at a future date.......I basically was only gonna do transfers but you also have to get a retailers license.......I own a small commercial building on a quiet dead end street which is zoned for retail so this is where I would work out of......anyway.....I would do everything legally of course and guns are legal to sell so Does it violate my constitutional rights that the township does not allow this ??  Is it worth it to get a lawyer ?? and can anyone recommend one locally  who may have an interest ?  I was kinda sad and disappointed I was denied locally......At this point I think its a Constitutional issue.....I was never doing this as a money making enterprise......Thanks for your opinions........

If it was me i would go in a different direction, I would request a meeting with mayor and council and explain what I'm trying to do, getting a lawyer right off the bat puts them on the defense, you know how people get when they hear lawyer, just my 2-cents

[optowalt]

Talking to mayor cathy would be a waste of time. She's a POS and you can't trust her. Getting a lawyer isn't a bad idea. It shows you mean business. I also know a mess of lawyers in town and they all hate firearms. Talk to Gina Black on the council. She will listen to you and maybe give some advice. But she just got elected so her pull might be limited. 

[hunterbob1]

Wasn't long ago when women weren't allowed to vote,now All Women wear the pants. Good luck

[Michael Britt]

21 minutes ago, hunterbob1 said:

Wasn't long ago when women weren't allowed to vote,now All Women wear the pants. Good luck

Women entering the workplace en masse eroded male wages and adultery also skyrocketed, both obviously adversely affect families. So much for "progress."

[JD48]

39 minutes ago, optowalt said:

Talking to mayor cathy would be a waste of time. She's a POS and you can't trust her. Getting a lawyer isn't a bad idea. It shows you mean business. I also know a mess of lawyers in town and they all hate firearms. Talk to Gina Black on the council. She will listen to you and maybe give some advice. But she just got elected so her pull might be limited. 

Mayor cathy may be a dirtbag, i don't know her, not my town, but always told , you may not like the person , but respect the position, try to settle matters at the lowest level, say you get a lawyer and win, what kind of harassment and bullshit will they dump on you and your business, i know, but i won

[BirdyBrittany57]

Towns can pass ordinances to prohibit pot sales, adult stores, or liquor. Why not gun sales? 
 

The Constitutional “right” applies to you as the individual. The State’s authority to regulate commerce (selling guns) is also expressly granted to them in Constitutional powers (state and federal). 
 

If you want to pursue the matter, you’d have to have them remove the ordinance. As far as a violation of individual civil rights, I don’t think there is a case to be made there. That being said, never hurts to seek out and consult a 2A attorney and discuss your options. Best of luck. 

[hunterbob1]

Cranford ugg. Isn't that where channel 12 News is. Supported by Murphy and anti 2a.. you ain't got a chance in hell you can fight the battle but you're not going to win the war,your just bringing too much attention to yourself what does Olga think

[thefirstndsecond]

Look into it with a 2a attorney.

There are cases of town trying to restrict gun sales and were not allowed to do such, same as extreme taxes, and other video ordinances. 

 

I am not saying it won't be expensive. I believe San Fran or Diego made things so convoluted with restrictions the business had to shut down because of cost.

You guys keep thinking this is the norm when the rest of the country knows it isn't. 

Go with God in NJ.

[Haskell_Hunter]

Not being able to sell something in your local community may seem like an unconstitutional ban, but it might not be.

State and local communities are allowed to create laws to govern commerce within their borders.  It becomes a constitutional issue if those laws affect interstate commerce.

Can the community create commerce laws that run afoul of 2A?  Maybe.

1. Does banning the sale of firearms prevent citizens of that town from obtaining firearms for lawful purposes?  No.  The citizens can still buy and own firearms within the state of NJ.  Is it an inconvenience?  Yes.  Unconstitutional?  Unlikely.
2. What is the purpose for the no-retail sales ordinance?  This ordinance needs to be narrowly tailored to address something compelling to the community.  You cannot prevent a gun store from opening up using the excuses that it addressed violence in the community, that is not narrowly tailored.  If the purpose of the ban was to act like a firearm ban or to intentionally put barriers up against lawful activity, essentially trying to undermine the 2A, then it may be unconstitutional.
3. If you are going to sue on constitutional grounds, it will cost you time and money.  And when I say time, I am talking years.  And money, tens of thousands of dollars.  No guarantee you will win, but 100% guarantee on the time and money part.

Many local communities knowingly violate the constitution in many of these regards, and they do it knowing full well that no one will take the time or money to fight it.

You best bet is to appeal the ruling(s) until the appeals process is exhausted.  Then sue.  You might want to hire the attorney to help with the appeals process and definitely with the subsequent lawsuit.  Also, reach out to the NRA, GOA, and the Institute for Justice (great legal assistance), with your story to make sure those organizations are aware of it and can turn it into a press release.  The last thing your town wants is to be on the national media with cameras stuck in their faces.

Good luck.  IMHO, path of least resistance is to find another town to establish the business in.

[JD48]

Probably not the best time to be fighting anybody about selling guns, just saying

[FeniQuest217]

first, contact the Cranford PD - detectives handling your application. Discuss it with them, and listen to their local reasoning or whatever it is gather information. Then i would talk to a lawyer based their responses and your intentions.

But first talk to your local PD before anything. Just based what the ATF said doesn;t mean anything. You need to speak to the local municipality handling your application.

[bushden]

4 hours ago, JD48 said:

Mayor cathy may be a dirtbag, i don't know her, not my town, but always told , you may not like the person , but respect the position, try to settle matters at the lowest level, say you get a lawyer and win, what kind of harassment and bullshit will they dump on you and your business, i know, but i won

This is the best advice I have seen on this post. Don't lawyer up yet you will be spending a fortune once you go that route. Take your time, think through all your actions before you act. If you lawyer up it will take you years to recover legal fees.