Adam
Member
I just found it, and I'm curious how the current situation in Minneapolis is? Maybe someone have some information?
The City of Minneapolis is trying to force Koscielski’s Guns and Ammo-- the only gun shop in the Minneapolis—out of business. For the second time.
In 1995 federal firearms dealer Mark Koscielski opened his store several days before the city council passed a moratorium on gun shops. The city attempted to close down his operation, but a Federal Court judge ordered Minneapolis to allow Koscielski to conduct his business. Mark’s shop was grandfathered in according to that year’s zoning code.
In 2002, his landlord decided not to renew Mark’s lease, and the zoning board informed him that there were only two zoning areas in which it would be possible to run a firearms dealership. In actuality, because of the “revised†codes and the qualifying conditions required to open a gun shop (500 feet from a church a school, a park, a residence), there was no place in the City of Minneapolis for a firearms dealer to exist.
Thus, Mark—a disabled veteran—will soon lose his livelihood unless he gets relief through the courts. A consulting attorney prepared a litigation plan for Koscielski vs. City of Minneapolis, and his arguments are strong and carry potential nationwide application.
1. Minneapolis’s action may violate the Second Amendment rights of Koscielski’s customers. 2. Minneapolis’s adoption of an impossible-to-legitimate, satisfy ordinance my violate Koscielski’s right to substantive due process under the 14th Amendment. 3. Koscielski has a claim for violation of his right to equal protection. 4. Koscielski, on behalf of his customers, may have a claim under the Minnesota Constitution, which establishes the preservation of hunting and fishing rights. 5. Koscielski should have a claim for the “taking†of his business. 6. Koscielski may have a claim that Minneapolis, by confining such businesses to a zone in which there are no qualifying properties, has gone beyond regulating the location of firearms dealers and has effectively banned firearms sales in the City.
Mark Koscielski says he knows south Minneapolis as only a lifelong resident can. But now he knows the rest of Minneapolis with far more intimacy than he'd like. He and his business partner, Barbara Bergstrom, have driven the city twice, armed with $1,400 in customized zoning maps. They've spent up to a week at a time searching for a spot where they can operate a gun shop legally.
They say they've found no feasible site, and on Wednesday they sued the city, charging that it is illegally and unconstitutionally trying to zone gun shops out of existence. The city attorney's office had no immediate comment. But when the City Council adopted current gun shop zoning restrictions in 1995, officials argued that gun dealers were a threat to the residential character of neighborhoods. Koscielski initially avoided the 1995 restrictions by going to court that year, when he was operating a gun shop at 812 E.
48th St. A federal judge issued an injunction that barred the city from closing the shop after Koscielski argued that he'd started the business before the new restrictions were enacted. But he lost his lease on that space earlier this year, and opened the new Koscielski's Guns and Ammo at 2926 Chicago Av. S. on July 3. He doesn't sell guns there - knowing that the site was too close to housing to pass zoning muster, he let his federal firearms license expire. But he does offer gun accessories, repairs and classes for people who want to make use of the state's new gun permit law. He also sells ammunition.
But the city has ordered him to stop selling ammo because doing so is enough to define him as a firearms dealer under the zoning code. And the code wouldn't allow a gun shop at that location. "The city's zoning scheme basically prevents him from finding a place to do business," said Joseph Rymanowski Jr., the gun shop's lawyer.
The City of Minneapolis is trying to force Koscielski’s Guns and Ammo-- the only gun shop in the Minneapolis—out of business. For the second time.
In 1995 federal firearms dealer Mark Koscielski opened his store several days before the city council passed a moratorium on gun shops. The city attempted to close down his operation, but a Federal Court judge ordered Minneapolis to allow Koscielski to conduct his business. Mark’s shop was grandfathered in according to that year’s zoning code.
In 2002, his landlord decided not to renew Mark’s lease, and the zoning board informed him that there were only two zoning areas in which it would be possible to run a firearms dealership. In actuality, because of the “revised†codes and the qualifying conditions required to open a gun shop (500 feet from a church a school, a park, a residence), there was no place in the City of Minneapolis for a firearms dealer to exist.
Thus, Mark—a disabled veteran—will soon lose his livelihood unless he gets relief through the courts. A consulting attorney prepared a litigation plan for Koscielski vs. City of Minneapolis, and his arguments are strong and carry potential nationwide application.
1. Minneapolis’s action may violate the Second Amendment rights of Koscielski’s customers. 2. Minneapolis’s adoption of an impossible-to-legitimate, satisfy ordinance my violate Koscielski’s right to substantive due process under the 14th Amendment. 3. Koscielski has a claim for violation of his right to equal protection. 4. Koscielski, on behalf of his customers, may have a claim under the Minnesota Constitution, which establishes the preservation of hunting and fishing rights. 5. Koscielski should have a claim for the “taking†of his business. 6. Koscielski may have a claim that Minneapolis, by confining such businesses to a zone in which there are no qualifying properties, has gone beyond regulating the location of firearms dealers and has effectively banned firearms sales in the City.
Mark Koscielski says he knows south Minneapolis as only a lifelong resident can. But now he knows the rest of Minneapolis with far more intimacy than he'd like. He and his business partner, Barbara Bergstrom, have driven the city twice, armed with $1,400 in customized zoning maps. They've spent up to a week at a time searching for a spot where they can operate a gun shop legally.
They say they've found no feasible site, and on Wednesday they sued the city, charging that it is illegally and unconstitutionally trying to zone gun shops out of existence. The city attorney's office had no immediate comment. But when the City Council adopted current gun shop zoning restrictions in 1995, officials argued that gun dealers were a threat to the residential character of neighborhoods. Koscielski initially avoided the 1995 restrictions by going to court that year, when he was operating a gun shop at 812 E.
48th St. A federal judge issued an injunction that barred the city from closing the shop after Koscielski argued that he'd started the business before the new restrictions were enacted. But he lost his lease on that space earlier this year, and opened the new Koscielski's Guns and Ammo at 2926 Chicago Av. S. on July 3. He doesn't sell guns there - knowing that the site was too close to housing to pass zoning muster, he let his federal firearms license expire. But he does offer gun accessories, repairs and classes for people who want to make use of the state's new gun permit law. He also sells ammunition.
But the city has ordered him to stop selling ammo because doing so is enough to define him as a firearms dealer under the zoning code. And the code wouldn't allow a gun shop at that location. "The city's zoning scheme basically prevents him from finding a place to do business," said Joseph Rymanowski Jr., the gun shop's lawyer.