Florida Gun Store Owner Wins Zoning Lawsuit

by
posted on January 5, 2018
gstore1.jpg

North Miami Beach officials have learned that if they challenge Florida gun statutes, it will be a losing battle. Florida’s pre-emption law withstood the city’s objection after a case involving a sporting goods store that sold guns was decided in the store owner’s favor.

The city five years ago passed a zoning ordinance that restricted the location of gun stores to industrial areas of the municipality. It was a zoning law that largely went unchallenged until Glatze Militum came into the picture.

According to the Miami New Times, The dispute started in late 2016, when Glatze first tried to open as a store that would sell guns, knives and accessories. The zoning board denied the permit for such a business to open in a shopping plaza. After the rejection, Glatze modified its application, describing the shop as a sporting goods outlet.

In late 2017, code enforcement officers cited the store for selling guns and the owner’s business permit was revoked. The businessman consulted with representatives from the gun-rights group Florida Carry and they partnered for the lawsuit.

“This is the first [city] we’ve had to sue over a zoning ordinance,” Eric Friday, an attorney for Florida Carry, told the Miami New Times. “They were trying to treat gun stores, which are selling an item every American has the right to own under the Constitution, as a heavy industrial business or something akin to strip clubs and tattoo parlors.”

At the heart of the matter is a 1987 state law that bars localities from passing their own gun regulations. The state won out, and the city negotiated a $12,000 settlement with the owner of the gun store.

“I think they made a compelling case,” said Jose Smith, the city attorney. The city is required to follow state law, he said afterward.

Latest

smith-and-wesson-moving.jpeg
smith-and-wesson-moving.jpeg

Manufacturer Responds to the “Unprecedented, Unjustified Attack on the Firearms Industry”

As anti-gun politicians become increasingly hostile to a law-abiding industry that exists to support our constitutional rights, one company has decided to issue a strong rebuke to these attacks.

Ex-ATF Agent Cites Excessive “Politicization”

When an ex-ATF agent quits after nearly two decades because of recent politicization, what he has to say is newsworthy.

5 Things You Might Not Know About the Bill to Ban “Assault Weapons”

Here’s a brief look at five things in the ban on so-called "assault weapons" that you might not have been aware were included in the legislation.

The Armed Citizen® August 5, 2022

True stories of the right to keep and bear arms.

The U.S. House Voted to Punish Law-Abiding Americans

The proposed legislation didn’t work 30 years ago and, if history is any indicator, it wouldn’t this time.



Get the best of America's 1st Freedom delivered to your inbox.