HomeMy WebLinkAbout03.13.01 Planning Packet
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1.
CALL TO ORDER
2.
PUBUC BEARINGS
CITY OF FARMINGTON
PLANNING COMMISSION AGENDA
Regular Meeting
March 13,1001 at 7:00 P.M.
a)
Conditional UselHome Occupation Permit - Gunsmith and Sale of Firearms
Applicant: Tim Thirion
3.
DISCUSSION
a)
2005 MUSA Review Committee (continued)
4.
ADJOURN
Planning Chair:
Planning Commissioners:
City Staff:
Dirk Rotty
Todd Larson, Chaz Johnson, Ben Barker, Dan Privette
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate Planner
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651)463-7111 Fax (651) 463-2591
. www.ci.farmington.mn.us
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TO: City Planning Commission
FROM: Michael Schultz
Associate Planner
SUBJECT: Conditional Use/Home Occupation Permit - Gunsmith and Sale of Firearms
Applicant: Tim Thirion
DATE: March 13,2001
INTRODUCTION
The applicant, Tim Thirion, has made application for a Conditional Use Permit/Home
Occupation involving the operation of gunsmithing and dealing firearms out ofthe home.
Planning Division Review
Applicant:
Tim Thirion
18005 Empire Trail
Farmington, MN 55024
Attachments:
1.
2.
3.
Application
Location Map
NICS Fact Sheet
Location of Property:
Southwest comer of 180th Street and Empire Trail
Legal Description of Property:
Lot 18, Block 2 Dakota County Estates 1 st Addition
Surrounding Land Uses:
Single-family to the north, east and south, Pilot Knob Road
abuts the rear, single-family is across the road to the west.
Existing Zoning:
R-4 PUD
Comprehensive Plan:
Low/Medium Density
Off-street Parking:
Yes - two stalls in driveway
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DISCUSSION
The applicant, Tim Thirion, is requesting Planning Commission approval for a Conditional
Use/Home Occupation permit to allow him to gunsmith and deal firearms.
The applicant has indicated that most of his work will involve gunsmithing of firearms for
people in need of work, repair or additions.
Gunsmithing
The operation of gunsmithing will involve scope mounting, bluing, rebarreling, bore sighting,
rechambering, fitting guns, attaching swivels and swings and also cleaning of firearms. Most of
the work will be completed on a workbench in the basement of the home; some use of chemicals
will be involved.
Dealing of Firearms
The applicant is also seeking permission for the sale of firearms. The applicant is required to
apply for a FFL (Federal Firearms License) with the Bureau of Alcohol, Firearms and Tobacco;
approval of the FFL is dependent upon local approval.
The applicant will be required to do background checks using the FBI's NICS (National Instant
Criminal Background) check system on customers for any sale of firearms; the mandatory
waiting period for any sale is still five (5) days.
Guns will not be displayed for sale, the sale of guns will only be sold through a mail order
catalog Mr. Thirion expects only one (1) gun sale per week.
Safety Measures
The applicant has indicated that he will have all guns inside of the house secured within a gun
safe(s), the home already has been installed with a home security system and a six-foot high
wood fence exists along the rear yard of the home. No ammunition for the firearms will be
stored on-site.
Operation
Mr. Thirion indicated that he would be available for gunsmithing from 9 a.m. to 2 p.m. and then
available most weekends. The applicant stated that he would be the only one working on any
firearms and has indicated that if the operation is successful that he would eventually move it to
a store front and hire additional staff.
10-6-11: HOME OCCUPATIONS:
A home occupation is permitted as an accessory use if it complies with the requirements of this
Section following all procedures outlined for approval of a conditional use.
(A)
The home occupation shall be conducted solely and entirely by persons who reside full
time in the home.
As stated above, the applicant has indicated that he would be the sole person working on
the operation
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(B)
The home occupation shall be conducted wholly within the principal or accessory
structures.
The gunsmithing and any sale of firearms will be conducted wholly within the home or
attached garage.
(C) No structural alterations or enlargements shall be made for the sole purpose of
conducting a home occupation.
The applicant indicated that no structural alterations have or will occur for the purpose
of the home occupation.
(D) Only one home occupation shall be permitted for each principal structure. (Ord. 086-177,
3-17-1986)
No conditional use/home occupation permit exists for this property.
(E)
Exterior displays or signs other than a two-sided, two (2) square foot, nonilluminated sign
and exterior storage of materials and exterior indication of the home occupation or
variation from the residential character of the principal structure shall not be permitted.
(Ord. 089-217, 7-6-1989)
The applicant has indicated that he will likely not have any signage displayed for his
business.
(F)
The activity does not involve the manufacture, assembly or distribution of goods and the
activity does not deal with the general retail public. (Ord. 086-177,3-17-1986)
The applicant has proposed that there will be a distribution of goods with the sale of
firearms through the process of a mail order catalog. The operation of gunsmithing
would not directly involve the general retail public.
ACTION REOUESTED
Determine if the operation of gunsmithing and/or the sale of firearms are acceptable under the
City's Home Occupation ordinance (Section 10-6-11) and recommend any necessary conditions
as acceptable.
Respectfully Submitt ,
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Michael Schultz
Associate Planner
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cc:
Tim Thirion
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CITY OF FARMINGTON
CONDITIONAL USE PERMIT APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611 For office use
Permit Number
Applicant Name (please print) -r;F~ ~#;;. ;~/J
Applicant Address /,9oo.s- ~A1/1;-'?e~ ~,4// hb,::!"":':Jk..v .+t"'> ,j:,<:"ozr!
Street / City State Zip Code
Phone _(6 $7') ~~ 0- /:1.. :1-'7 Fax _<--J
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
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Current Land Use .;:?.e.. ;Ct~._,f/~I
Current Zoning District / yJ-.
. Specific Nature of Request: .~~
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Following Attached: (please check)
Proof of Ownership _ BoundarylLot Survey
7 Application fee _ 6 Copies of Site Plan
v Abstract/Resident List *(required 350' from subject property)
_ Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature ;~ ~7~ '
Date e-.J;;?-;/,r:".a/
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Applicant's Signature
Date
For office use only
Request Submitted to Planning staff on ;;J - ;l "7 - 01
Public Hearing Set for: 3 -/3 - 01 Advertised in Local Newspaper: 3 - I - al
Planning Commission Action: _ Approved _ Denied
City Council Action (if necessary): _Approved _ Denied
Comments:
Conditions Set:
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Planning Coordinator:
Date:
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National Instant Criminal Background Check System Fact Shehttp://www.fbLgov/search?NS-searc...e&NS-docs-found=19&NS-doc-number=l
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National Instant Criminal Background Check System Fact Sheet
[Brady Act Requirements] [NICS Operations Center] [POC States]
fNICS Background Checks] [Privacy and Security of NICS Information] [NICS Appeals]
[Additional Information]
Brady Act Requirements
The Brady Act, Public Law 103-159, requires that a National Instant Criminal Background Check
System (NICS) be established by November 30, 1998. In accordance with the Brady Act, the NICS
shall allow Federal Firearms Licensees (FFLs) to contact the system by telephone or by other electronic
means in addition to the telephone, for information, to be supplied immediately, on whether receipt ofa
firearm by a prospective transferee would violate section 922 (g) or (n) of title 18, United States Code,
or State law.
The NICS will be a national system that will check available records on persons who are disqualified
from receiving firearms. The FBI developed the system through a cooperative effort with the A TF and
state and local law enforcement agencies. The NICS is a computerized background check system
designed to respond within 30 seconds on most background check inquiries so FFLs will have an almost
immediate answer. Depending on the willingness oftheir state governments to act as a liaison for the
NICS, FFLs will contact either the FBI or a designated state point of contact (POC) to initiate
background checks on individuals purchasing firearms. The background check process, as performed by
the FBI and by state POCs, is described below.
The NICS Operations Center
The FBI will operate a national center to perform NICS background checks for gun dealers in the states
that decline to serve as POCs for the system. Gun dealers will contact the Center either by telephone, or
by means of an electronic device such as a personal computer. Either means of contact will result in a
NICS check with an almost instant response to the gun dealer. The NICS response will consist of a
notice to the FFL that the transfer may proceed, may not proceed, or is delayed pending further review
of a matching record(s). If no disqualifying record is found in the NICS, the FFL will be advised that the
transfer may proceed and will be given a NICS Transaction Number (NTN). The FFL must record the
NTN on the ATF Form 4473 and retain the form for auditing purposes.
Ifthe FBI determines that disqualifying information exists on the prospective purchaser, the FFL will be
advised that the transfer may not proceed and will be given an NTN to record on the ATF Form 4473
and retain the form for auditing purposes.
If the FBI determines that more information is required in order to make a determination, the FFL will
be advised that the transfer is delayed and will receive an NTN. The FFL must record the NTN on the
A TF Form 4473 and retain the form for auditing purposes. If subsequent research indicates the transfer
would not violate state or federal law, the FBI will notify the FFL that the transfer may proceed. If no
further information is received by the FBI within three business days, and there is reason to believe that
receipt of the firearm by the prospective purchaser would violate federal or state law, the FBI will notify
the FFL that the transfer may not proceed.
. POC States
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In states that agree to serve as POCs for the NICS, the functions performed by the NICS Operations
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03/07/20019:47 AM
National Instant Criminal Background Check System Fact Shehttp://www.tbLgov/search?NS-searc...e&NS-docs-found= 19&NS-doc-number= 1
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Center will be performed by a state or local law enforcement agency which will service the FFLs. The
FFLs will call these state or local agencies, which will perform the check, make the decision whether the
check shows that an individual is disqualified from possessing a firearm, and notify the FFL of the
results of the check. All other aspects of the background check process will remain the same -- the
difference will be that the state, instead of the FBI, will be processing the check.
NICS Background Checks
As shown above, FFLs will have the following three methods of performing background checks
depending upon the state in which the FFL is conducting business:
1) In states where the state government has agreed to serve as a point of contact for the
system, FFLs will contact the NICS through the state POC for all firearm transfers. The
state POC will make the NICS check and determine whether the transfer would violate state
or federal law .
2) In states where the state government has declined to serve as a POC, FFLs will initiate a
NICS background check by contacting the FBI s NICS Operations Center in West Virginia
for all firearm transfers. The FBI will make the NICS check and determine whether or not
the transfer would violate state or federal law.
3) Finally, in states where the state government has agreed to serve as a POC for handgun
purchases but not for long gun purchases, FFLs will contact the NICS through the
designated state point of contact for handgun transfers. The FFLs will have to contact the
NICS Operations Center for long gun transfers.
Each state government will decide whether the FFLs in its state will call a state point of contact or the
FBI to find out whether a firearm transfer will be allowed by the NICS.
. Privacy and Security of NICS Information
The privacy and security of the information in the NICS is of great importance. Before the end of March
1998, the Attorney General will publish proposed regulations on the privacy and security of NICS
information, including the proper and official use of this information. Copies may be requested from the
FBI s West Virginia facility. Data stored in the NICS are documented federal data, and access to that
information is restricted to agencies authorized by the FBI. Extensive measures are taken to ensure the
security and integrity of the system s information and agency use. The NICS will not be used to
establish a federal firearm registry; information about an inquiry resulting in an allowed transfer will be
destroyed.
NICS Appeals
Individuals who are denied the purchase of a firearm may request that the NICS provide the reasons for
the denial. The regulations will address the process for filing an appeal. The NICS shall provide such
reasons to the individual, in writing, within five (5) business days after receipt of the request.
Additional Information
For an FFL to initiate NICS background checks with the FBI s NICS Operations Center beginning on
November 30, 1998, the FFL MUST BE ENROLLED WITH THE FBI BEFORE NOVEMBER 30,
1998. The FBI will be contacting each FFL in states that do not designate POCs for all firearm transfers
for enrollment information.
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Persons holding firearms permits which qualify as alternatives under the permanent provision of the
Brady Act will not be required to undergo a NICS check.
The current pawn shop exemption for background checks on individuals who are redeeming firearms
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National Instant Criminal Background Check System Fact Shehttp://www.fbi.gov/search?NS-searc...e&NS-docs-found=19&NS-doc-number=l
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will cease to exist on
November 30, 1998. NICS background checks will be required for the transfer of redeemed firearms,
including both handguns and long guns.
The FBI will be attending A TF regional firearms seminars in selected states around the country
beginning in March, 1998 to provide a NICS overview, answer questions and discuss enrollment
procedures for those FFLs who will be using the NICS Operations Center.
t~ Return to top
t~Return to NICS Information Page
Search text: NICS
Document 1 of 19
Title: National Instant Criminal Background Check System Fact Sheet
Copyright @ 1997 Netscape Communications Corporation. All Rights Reserved.
03/07/20019:47 AM
NICS Registration - F AQ's
http://www.atf.treas.gov/firearms/nlc/ffllfaqs_nics.htm
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[Back] [FAQ's] [Home]
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Who must comply with the requirements of the Brady law? [IQQ]
Federally licensed firearms importers, manufacturers, and dealers must comply with the
Brady law prior to the transfer of any firearm to a non licensed individual.
Do all NICS checks go through the FBI's NICS Operations Center?
[Top]
No. In many States, licensees initiate NICS checks through the State point of contact
(PaC). In some cases, the State pac is also the agency that does background checks
for firearms transactions under State law.
If the State is acting as a point of contact (POC), does that mean
that all NICS checks go through the POC rather than the FBI? [Topl
That depends on the State. In some States, the pac conducts background checks for all
firearms transactions. In other States, licensees must contact the pac for handgun
transactions and the FBI for longgun transactions, In some States, NICS checks for
pawn redemptions are handled by the FBI. .
How does a licensee know whether to contact the FBI or a State
point of contact (POC) in order to initiate a NICS check? [Top]
Prior to November 30, 1998, A TF sent an open letter to licensees in each State,
providing the licensees with instructions as to how to initiate a NICS check in their State.
Your local ATF office can also advise you on the appropriate point of contact for NICS
checks.
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Must licensees enroll with the FBI to get access to NICS? [[QQ]
Licensees must be enrolled with the FBI before they can initiate NICS checks through
the FBI's NICS Operations Center. Licensees who have not received an enrollment
package from the FBI should call the FBI NICS Operations Center at 1-877-444-6427
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NICS Registration - F AQ's
http://www.atf.treas.gov/frrearms/n1c/ffl/faqs_nics.htm
and ask that an enrollment package be sent to them, Licensees in States where a State
agency is acting as a point of contact for NICS checks should contact the State for
enrollment information.
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Does the Brady law apply to the transfer of firearms between two
licensees? [Top]
No. The Brady law only applies when a licensed importer, manufacturer, or dealer is
transferring a firearm to a non licensee.
Must licensed collectors comply with the Brady law prior to
transferring a curio or relic firearm? [Top]
No. Transfers of curio or relic firearms by licensed collectors are not subject to the
requirements of the Brady law.
Is the transfer of a firearm by a licensed dealer to a licensed
collector subject to the Brady law? [Top]
The Brady law does not apply to the transfer of a curio or relic firearm to a licensed
collector. However, a licensed.collector who acquires a firearm other than a curio or relic
from a licensee would be treated like a non licensee, and the transfer would be subject to
Brady requirements.
Editor's Note
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Unless otherwise noted, these questions and answers relate to the permanent provisions
of the Brady law found in section 922(t) of the Gun Control Act. These provisions,
including the requirement for licensees to initiate background checks of individuals to
whom all types of firearms are transferred by contacting the National Instant Criminal
Background Check System (NICS) , became effective on November 30, 1998. They
replace the interim provisions of the Brady law that imposed a Federal 5-day waiting
period on licensees' sales of handguns and required the sending Of Brady forms to State
or local officials.
[Back] [FAQ's] [Home]
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General Questions- F AQ's
http://www.atf.treas.gov/frrearms/nlc/ffl/faqs~enques.htm
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rBackl [FAQ's] [Homel
Does the law regulate who can be in the business? [IQQ]
Yes. The Gun Control Act (GCA), administered by the Bureau of Alcohol, Tobacco and
Firearms (A TF) of the Department of the Treasury, contains Federal licensing standards
for various firearms businesses (manufacturers, importers, and dealers). An example of
these standards is that the applicant must have a business premises.
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[18 U.S.C. 923(d), 27 CFR 178.47]
Who can get a license? [IQQ]
A TF will approve the application if the applicant:
. Is 21 years or more of age;
. Is not prohibited from shipping, transporting, receiving or possessing firearms or
ammunition;
. Has not willfully violated the GCA or its regulations;
. Has not willfully failed to disclose material information or willfully made false
statements concerning material facts in connection with his application;
. Has premises for conducting business or collecting; and,
The applicant certifies that--
(1) the business to be conducted under the license is not prohibited by State or
local law in the place where the licensed premise is located;
(2) within 30 days after the application is approved the business will comply with
the requirements of State and local law applicable to the conduct of the business;
(3) the business will not be conducted under the license until the requirements of
State and local law applicable to the business have been met; and,
(4) the applicant has sent or delivered a form to the chief law enforcement officer
where the premises are located notifying the officer that the applicant intends to
apply for a license.
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(5) secure gun storage or safety devices will be available at any place in which
firearms are sold under the license to persons who are not licensees ("secure gun
storage or safety defined in 18 U.S.C. 921 (a) (34) ) .
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General Questions- F AQ's
http://www.atf.treas.gov/frrearms/nlc/ffl/faqs_genques.htm
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Editor's Note
The requirement to certify to the availability of gun storage or safety devices was
enacted on October 22, 1998, by Public Law 105-277. The requirement is codified in
section 923 (d (1) (G) of the GCA and became effective 180 days after the date of
enachment.
[18 U.S.C. 923 (d) (1) ,27 CFR 178.47 (b)]
Does the Federal Government issue a license or permit to carry a
concealed weapon? [Top]
No. Neither A TF nor any other Federal agency issues such a permit or license. Carrying
permits may be issued by a State or local government.
Do antique firearms come within the purview of the GCA? [IQQ]
No. "Antique firearms" are defined in the following:
TITLE 18 U.S.C. CHAPTER 44 SECTION 921(a) (16)
(16) The term "antique firearm" means-
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(A) any firearm (including any firearm with a matchlock, flintlock,
percussion cap, Or similar type of ignition system) manufactured in or
before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such
replica- -
(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) uses rinifire or conventional centerfire fixed ammunition
which is no longer manufactured in the United States and
which is not readily available in the ordinary channels of
commercial trade; or
C) any muzzle loading rifle muzzle loading shotgun, or muzzle loading
pistol, which is designed to use black powder, or a black powder substitute,
and which cannot use fixed ammunition. For purposes of this
subparagraph, the term 'antique firearm" shall not include any weapon
which incorporates a firearm frame or receiver, any firearm which is
converted into a muzzle loading weapon, or any muzzle loading weapon
which can be readily converted to fire fixed ammunition by replacing the
barrel, bolt, breech-block, or any combination thereof.
27 CFR 178.11
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock,
percussion cap, or similar type of ignition system) manufactured in or before 1898; and
(b) any replica of any firearm described in paragraph (a) of this definition if such replica
(1) is not designated or redesignated for using rinifire or conventional centerfire fixed
ammunition, or (2) uses rinifire or conventional centerfire fixed ammunition which is no
longer manufactured in the United States and which is not readily available in the
ordinary channels of commercial trade.
Are black powder dealers required to be licensed as an ammunition
dealer under the GCA? [Top}
.
No. However, black powder dealers are subject to the provisions of 27 CFR Part 55,
Commerce in Explosives, which requires that a dealer in any quantity of black powder
must have a license as a dealer in low explosives.
[18 U.S.C. 842}
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General Questions- F AQ's
http://www.atf.treas.gov/firearms/nlc/ftl/faqs_genques.htm
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Maya non licensee transport firearms interstate for sporting or other
lawful purposes? [IQQ]
Yes, provided the weapon is unloaded and in a locked trunk or, in a vehicle lacking a
trunk, in a locked container other than the glove compartment or console. Also, the
carrying and transportation must be lawful in the place of origin and destination.
[18 U.S.C. 926A, 27 CFR 178.38]
mailto:nlc@atla1.atf.treas.Qov
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