State firearms law limits options to deny home gun sale business

With a new state law governing firearm regulations holding a gun to commissioners' heads, they granted a homeowner in Spring Hill permission to run a business selling firearms from his house.

Paul Hargis will be able to sell guns in his neighborhood after commissioners followed the recommendation of its Planning and Zoning Commission to approve an exemption allowing him to run a home business. The home business just happens to be selling guns.

Good idea? Probably not the best. But zoning departments aren't in the business of judging the merits of a business. Zoning officials judge the idea according to how it fits the rules.

Basically, Hargis could have applied to sell thimbles and his petition should be judged the same way. The fact Hargis intends to have a boutique-service gun business doesn't really factor into the equation.

Commissioners also had ample legal advice that the Legislature usurped local controls over gun regulation by banning cities and counties from imposing their own rules, such as maybe prohibiting gun sales from someone's home in a residential neighborhood.

Commissioners would buck the new law at their peril, facing the potential of $5,000 in fines each, they were told.

So they couldn't treat Hargis any differently than someone without the lethal merchandise.

He will still have to comply with state and federal regulations over gun sales. Maybe they are more binding than some want, but it seems a good idea to have a bit of licensing and control over who peddles pistols.

Apparently from the late 60s to early 90s the federal licensing of gun sellers offered little restriction. Feds handed out permits if you: paid $10, were over 21 and some other agency hadn't banned you from owning guns, say, like a parole board. Beyond that, permits were given out like party favors.

Things are supposed to be better now.

But still, Hargis has to abide by rules saying there is that three-day waiting period, unless the customer is trading in another gun or is licensed to pack heat.

That would be many of the intended buyers since Hargis expects police officers to be his main customer base. He says he knows many of his potential buyers and that could offer some protection for rightfully skittish neighbors.

The local zoning board can place some other restrictions on how Hargis conducts business, such as saying only one customer a day and the county can dictate his hours of operations, in this case from 8 a.m. to 6 p.m., Monday through Saturday. No gun sales on Sunday.

The same restrictions could be applied sensibly to a thimble business.

Hargis intends to get an order, buy the gun over the Internet and turn it around quickly in a sale. He won't keep an inventory at home or sell ammo.

He also likely has some beefed-up home security. If not, since this all spilled into the public, it would be a good idea to do it now.

But say Hargis wanted to sell thimbles, ones worth as much as firearms, as easy for crooks to convert to cash and might lure thieves to the street.

Would neighbors have the same fierce objections? Or is it the sensible and visceral alarm when gun sales are involved that packed the county commission chambers Tuesday?

Neighbors said the problem wasn't selling guns. They didn't want any retail operation on their street, but they had to say that. It was clear commissioners couldn't impose any restriction pegged to selling guns.

Opponents were right that it would be almost impossible to enforce the limit of one customer a day or the hours Hargis runs his business. But the same could be said for anyone opening a company selling thimbles and that was no basis for denying the application.

Absent the state law, it's a valid question whether commissioners would have bucked the neighbors and approved the business.