Newton Gun Shop getting pushback

Why do I get the feeling Newton is about to get a very expensive lesson in federal court?

Making very public statements about deliberately changing zoning in an expedited fashion to block a business that is already fully permitted before it can be grandfathered from being open in operation and then going the extra mile to slap a Stop Work Order to prevent them from obtaining grandfathered in operation status... wow they might as well painted a red line on the ground while wearing blackface. J-F-C these people are weapons grade stupid bigots. Not only violating state law, but going out of their way to commit federal united states code violations for conspiracy.

Cuz gunnnzzzzz ain't gonna fly in a cut and dry zoning case with mountains of precedent.

The city's legal counsel is either thoroughly incompetent or being ignored by political entities blinded by 'cuz gunnnnnzzz' that don't realize the expensive loss they are blundering into.
 
Last edited:

It looks like they plan to somehow, Building Inspectional Services, will keep them from opening previous to May 10th and therefore subject to new bylaws and permits that do not exist now. :mad:[puke]

However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment.
It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.


Regulating Gun Stores in Newton

Like many of us, I am deeply concerned about a firearms store which has started taking the steps to potentially open in Newtonville at 709 Washington Street near many homes and restaurants and proximate to schools. I brought together our team at City Hall to brief me on our options.

Thanks to the thoughtful collaboration of City Council President Susan Albright, the City’s Law, Planning, Inspectional Services, and Police Departments, today I and members of the City Council have jointly docketed an amendment to the City’s zoning ordinance that would only allow firearms sales related uses in certain zoning districts in the City. It will also require firearms sales uses to be approved by special permit by the City Council. Finally, it will create specific special permit criteria, including a buffer zone between a firearms dealer and residences and schools.

What is the process moving forward for the proposed zoning amendment?

The City Council will assign the proposed zoning amendments to the appropriate committees at its meeting on Tuesday, April 20 and also assign a public hearing date. It is likely that the matter will be assigned to the Zoning and Planning Committee (ZAP) for a public hearing on May 10, 2021. At the public hearing, the Council will hear input from the public. It will then discuss the draft language, potentially make revisions, and ultimately recommend that matter to the full City Council for a final vote to approve the zoning amendments.

In general, zoning is prospective and would not limit ongoing uses and businesses that are already operating.

However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment.

It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.​

Why are we not prohibiting gun stores everywhere in Newton?

The City Council has broad authority to regulate all land uses in Newton, including the location of firearms dealers. That said, in light of the nature of the issues and the implications of Constitutional protections, it may be reasonable to expect that the more restrictively firearm sales are regulated, the more likely such regulations will be subject to a court challenge.

What to learn more? Click here to read a FAQ prepared by the Law Department on the regulation of firearms dealers in Massachusetts.

This is their link to their stance:


Regulation of Firearms Dealers – FAQs As of April 16, 2021

Does Newton have any zoning regulations around firearms dealers? The City of Newton currently does not have any zoning regulations around firearms dealers. Firearms dealers fall within the general use category of “retail sales” that is currently allowed by right in all Business Use zoning districts, by special permit in the Limited Manufacturing District, and either by right or by special permit ̶depending on the size of the retail store ̶ in the Mixed Use districts.

What options does Newton have to regulate firearms dealers through zoning? The City Council has broad authority to regulate all land uses in Newton, including the location of firearms dealers. That said, in light of the nature of the issues and the implications of Constitutional protections, it may be reasonable to expect that the more restrictively firearm sales are regulated, the more likely such regulations will be subject to a court challenge.

What steps are currently being taken by the City to address firearms dealers? Today, the Mayor and City Councilors have jointly docketed an amendment to the City’s zoning ordinance that would restrict all firearms sales related uses to the following zoning districts: Business Use 4, Mixed Use 1, Manufacturing, and Light Manufacturing. The proposed amendment also requires firearms sales uses to be approved by special permit by the City Council. It will create specific special permit criteria, including a buffer zone between a firearms dealer and residences and schools. The Law and Planning Departments are currently developing the proposed zoning language and the text of the amendments which will be available shortly and posted on the City website. The proposed language will then go to the City Council.

What is the City Council process for reviewing the proposed zoning amendments? The City Council will assign the proposed zoning amendments to the appropriate committees at its meeting on Tuesday, April 20 and at that time will also assign a public hearing date. It is likely that the matter will be assigned to the Zoning and Planning Committee (ZAP) for a public hearing on May 10, 2021. At the public hearing, the Council will hear input from the public,. It will then discuss the draft language, potentially make revisions, and ultimately recommend that matter to the full City Council for a final vote to approve the zoning amendments.

If and when the proposed zoning ordinances are passed, will they apply retroactively? In general, zoning is prospective and would not limit ongoing uses and businesses that are already operating. 2 However, the State Zoning Act, Chapter 40A, does state that any approved zoning amendment will apply to any use/business that has not commenced prior to the publication of notice of the public hearing for the zoning amendment. It is expected that the City Council will provide notice of the public hearing in the newspaper on April 26 and May 3, 2021. Practically speaking, if there is a proposed firearm dealer use that has not started operating by those dates, it will be subject to the proposed zoning amendments whenever those amendments are passed.

more at the link:
 
Last edited:
It looks like they plan to somehow, Building Inspectional Services, will keep them from opening previous to May 10th and therefore subject to new bylaws and permits that do not exist now. :mad:[puke]
Except that isn't how MGL operates. MGL does not require them to be operational to be grandfathered, only that they applied for whatever permits are required prior to any bylaw change. I hope NF has the $$$ to pursue this in court.
 
Except that isn't how MGL operates. MGL does not require them to be operational to be grandfathered, only that they applied for whatever permits are required prior to any bylaw change. I hope NF has the $$$ to pursue this in court.
Once the city accepted the application the zoning is locked in. They are now open to a very severe lawsuit and I believe monetary damages. Same as a submitted definitive subdivision plan.
 
Except that isn't how MGL operates. MGL does not require them to be operational to be grandfathered, only that they applied for whatever permits are required prior to any bylaw change. I hope NF has the $$$ to pursue this in court.
or if they don't that some group or PAC funds their legal efforts to stop actions like this in the future and makes Newton pay a hefty price
 
I hope this guy sues the shit out of them and the city has to pay him a boat load of money.
I don't know how city council works but in the sticks the PB members can not be sued. They are the most corrupt group of ass holes to ever deal with.
I have less than ZERO respect for any of them except one who's vote I didn't need. He knew my feelings about the board before he joined the board as we had many beers and laughs at the gun club prior. In fact when he recused himself from the vote the rest of the PB looked at him very, very confused. He quickly replied "we were brothers from different mothers". To this day I don't think they have a clue about the connection and I frankly don't care if they do.

I was very happy the day I told the civil engineer to stuff the ANR up their ass that I was done with them (the PB) and that they played games with the wrong guy. They played the clock and lost.
 
I was initially talking about the jewish population of Newton regarding their numbers and anti gun attitudes. How much direct experience do you have with the city?

EDIT: I'll await your answer.😄
A few relatives and too much time when i should have been working talking with people at a couple temples, and you?
 
A few relatives and too much time when i should have been working talking with people at a couple temples, and you?
11 years residence and 25 years employee dealing with the public routinely.
 
Why do I get the feeling Newton is about to get a very expensive lesson in federal court?

Making very public statements about deliberately changing zoning in an expedited fashion to block a business that is already fully permitted before it can be grandfathered from being open in operation and then going the extra mile to slap a Stop Work Order to prevent them from obtaining grandfathered in operation status... wow they might as well painted a red line on the ground while wearing blackface. J-F-C these people are weapons grade stupid bigots. Not only violating state law, but going out of their way to commit federal united states code violations for conspiracy.

Cuz gunnnzzzzz ain't gonna fly in a cut and dry zoning case with mountains of precedent.

The city's legal counsel is either thoroughly incompetent or being ignored by political entities blinded by 'cuz gunnnnnzzz' that don't realize the expensive loss they are blundering into.
Why? Cause you’re not paying attention. You living under a rock
 
Why? Cause you’re not paying attention. You living under a rock

Hmmm, care to elaborate on your opinion?

Newton would lose its collective ass in a federal lawsuit. The city routinely bases its actions on emotion rather than law and they lose every time.
 
Hmmm, care to elaborate on your opinion?

Newton woukd lose its collective ass in a federal lawsuit. The city routinely bases its actions on emotion rather than law and they lose every time.
They got sued a couple of years ago over their attempt to regulate drone flights, something that's clearly in the purview of the FAA.
 
The anti-gun shop comments I'm reading just reek of white entitlement.

It's the classic NIMBY attitude that prevails in the city. Everyone trying to control everyone elses business and actions.
Always opposed to someone doing something, until it is they or their friend/s doing it or wanting to do it.
 
Because to have a rational debate on any subject, there is a requirement to present TWO sides of the issue.

My side has been presented, let's hear yours.

he is busy looking up statistics which fit his position from Mother Jones or Daily Kos and will quote them verbatim, or repeat the same nonsense that others from Newton have already posted.

I really hope the owner of the shop sues the town
 
Why? Cause you’re not paying attention. You living under a rock
City officials openly stating they are deliberately engaging in what is unlawful behavior to prevent an explicitly targeted legal business which has already lawfully completed the entire approvals process from opening is not something competent legal counsel would advise their clients to engage in, much less put into words or writing.

Newton is engaging in a series of unforced errors trying to appease emotional constituents over the current project rather than rationally moving ahead to amend zoning and bylaws for future projects.

"Oh, we never noticed gun shops don't have to go through notifying abutters like smoke shops and liquor stores do... let's change that (following a public comment period & city council hearings) to require notice and public comments for future applicants along with x,y,z criteria for a suitable site. Sorry we can't do anything about the current store because it predates the proposed changes to the bylaws."

For Pete's sake this location is within a 1/4 mile of four liquor stores and the pot shop next door. The new police station is going to be all of a block away and the opposite side of the street is the Mass Pike. The immediate neighbors aren't residential, it's office space, Cabots, Jeep dealership, Wholefoods, telephone exchange building, retailers, etc. This is one of the least offensive sites to residential abutters possible. The street behind it is mostly taken up by new multifamily housing, parking lots, and Frasier Engineering. Anyone complaining that somehow a tranquil environment is being defiled by another retail store... wow calm down.
 
"Oh, we never noticed gun shops don't have to go through notifying abutters like smoke shops and liquor stores do... let's change that (following a public comment period & city council hearings) to require notice and public comments for future applicants along with x,y,z criteria for a suitable site. Sorry we can't do anything about the current store because it predates the proposed changes to the bylaws."
If the case moves slowly enough, maybe Newton can lose it front of
a hypothetically sane SCOTUS. Call it "Larkin v. Grendel's Den II".
 
Except that isn't how MGL operates. MGL does not require them to be operational to be grandfathered, only that they applied for whatever permits are required prior to any bylaw change. I hope NF has the $$$ to pursue this in court.
So, I'm hearing this guy may have f***ed himself by not pulling a building permit for the space?

What permit would one need to pull to be grandfathered in?
 
So, I'm hearing this guy may have f***ed himself by not pulling a building permit for the space?

What permit would one need to pull to be grandfathered in?

not Newton but in the other case that was similar in what the town tried to pull the business hadn't even started construction yet, the area allowed for the business, residents complained, the town changed the bylaws limiting said businesses to industrial areas but in the end it was too late and it was more a matter of when the applicant submitted and if it was in line with the zoning at the time of the submission

I am sure they can hammer him on building permits and drag the thing out, but this sounds like they are trying to change the rules around where firearms stores can be situated after they already approved this plan, which I'd hope means a big lawsuit in the owners favor.
 
Back
Top Bottom