NFOA MEMBERS FORUM

General Categories => Laws and Legislation => Topic started by: Duckboats on May 18, 2012, 08:29:30 AM

Title: Need Attorney for fight against ATF!
Post by: Duckboats on May 18, 2012, 08:29:30 AM
I am beginning to fight.  I need an attorney who knows Firearms Licensing law.  To begin, I applied for my FFL and was informed on Wednesday on the phone that I will be denied.  I do not violate any sections of the licensing act.  The nuts and bolts of it comes down to the ATF interpreting City law the opposite way the City interprets it.  This could be a precedent setting case nation wide if ATF is allowed to interpret City ordinances and how Cities conduct business.  In the very beginning of this fight but I would love some assistance.
Thanks.
 
Title: Re: Need Attorney for fight against ATF!
Post by: RLMoeller on May 18, 2012, 08:51:01 AM
Which City law (ordinance) are they interpreting?  Which city? And what does the city says?

I'm not a lawyer, but I've been through the process.
Title: Re: Need Attorney for fight against ATF!
Post by: Mudinyeri on May 18, 2012, 09:50:31 AM
Are you an NRA member?  Have you contacted them?  They may be interested in taking or assisting with the case.
Title: Re: Need Attorney for fight against ATF!
Post by: Duckboats on May 18, 2012, 11:14:35 AM
Yes, I am a member with NRA and I will be contacting them.

Title: Re: Need Attorney for fight against ATF!
Post by: SBarry on May 18, 2012, 12:04:00 PM
Our good friend Alan Gottlieb with the CCRKBA and the SAF might want to help you on this.
Title: Re: Need Attorney for fight against ATF!
Post by: NENick on May 18, 2012, 12:10:06 PM
Calling Citizen Clark!
Title: Re: Need Attorney for fight against ATF!
Post by: Duckboats on May 18, 2012, 12:20:08 PM
If anyone would like to know what is going on, I am in the process of composing a letter to inform certain organizations and current FFLs. 
The affected are home-based FFLs within the City of Omaha Zoning bubble.  This does include Elkhorn and the 3 mile extended area outside the city limits.  Let me be direct, this problem is not with the City of Omaha.  Let me repeat that for the hard of hearing and reading.  This problem is not with the City of Omaha.
If you are interested, send me an email to h2ofowler@cox.net and let me know you want to be put on the list. 
Thanks,
Brian
Title: Re: Need Attorney for fight against ATF!
Post by: AAllen on May 18, 2012, 03:03:39 PM
Duckboats lets talk before you get to sending anything out.  The more people that you speak with the harder it is to get representation.
Title: Re: Need Attorney for fight against ATF!
Post by: David Hineline on May 19, 2012, 01:25:20 AM
There are plenty of existing FFLs working from commercial space and residential.  Get a letter from the Omaha Zoning authority and provide to the BATFE along with your package.  I was going to have to move my FFL into Omaha 1-1/2 years ago so I checked it all out with the regs in Omaha, as long as you do not do retail from your home it is good.

How far did you get in the process, my application years ago, took about 3 months before I got my on site inspection then the compliance officer that did that verified with the city I was in compliance and I had my FFL in a week.

I went to this website, http://fflgundealers.net/search_results.php?location=68114&zip_miles=10&submit=Search+FFLs&&&page=4 (http://fflgundealers.net/search_results.php?location=68114&zip_miles=10&submit=Search+FFLs&&&page=4)
put in the middle zip code in Omaha and plenty of FFLs come up.  68114  I think you can handle this without spending lawyer money.

Just what reason did the BATFE reject you for.  Take that rejection reason, get a letter from Omaha and submit again with the documentation that you would be complying with Omaha zoning laws.  If for some reason you are not in compliance you can alway rent a 10X10 spot on some friendly business commercial space, drop a gun safe and file cabinet and go that way.
Title: Re: Need Attorney for fight against ATF!
Post by: Duckboats on May 23, 2012, 11:56:46 AM
I have a letter from the City.  Without going into too much detail, there are forces greater than the City at work trying to ELIMINATE residential FFLs, even existing ones.
Title: Re: Need Attorney for fight against ATF!
Post by: Wymore Wrangler on May 24, 2012, 08:30:36 PM
A good friend almost went to jail, and lost his FFL because the BATFE gave him bad info in Norfolk, Va about running his business from his home.  I'd advise what others have said, talk to a lawyer first and not put this up on an open forum, your words will be used against you in a court of law...