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State Zoning Laws - Texas

Discussion in 'Legal' started by Frontline, Feb 15, 2010.

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  1. Frontline

    Frontline Member

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    I'm trying to figure out if the State of Texas has any zoning laws regarding business run from home or having a home based FFL. I don't reside in an incorporated city and have confirmed no city has any jurisdiction. So I checked county and confirmed from a letter on their website and by phone that they have ZERO zoning laws. I've already received okay from my homeowner's association. All that leaves is the state, and as far as I can tell, I'm in the clear.

    Can anyone offer any insight?

    Thanks
     
  2. Papaster

    Papaster Member

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    I'm of the understanding that the State does not have any zoning laws. I know for a fact that as long as local ordinances do not prohibit the type of home-based business you wish to begin, the ATF will approve your Form 7. I've got several FFL home-based friends here in TX, and I looked into it for a while myself. I'm no lawyer, so my advice is worth as much as I you paid for it ;)
     
  3. Frontline

    Frontline Member

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    Thanks. My opinion is same as yours. I really want to go forward, just wanted ot make sure everything was in check.
     
  4. hivel37

    hivel37 Member

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    You may save yourself a big hassle by looking at your deed restrictions and not rely on what the HOA tells you. If it's not in writing, don't believe it.
     
  5. dogtown tom

    dogtown tom Member

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    All you need from the state of Texas is a sales tax permit.
    The state doesn't have anything to do with zoning- that is strictly a local issue.
     
  6. Frontline

    Frontline Member

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    hivel37 - The deed strictly states no businesses run from the home. However, the VP gave is contact info and will speak to the ATF. He's good friend. Since he helped 2 others in the subdivision with this process, I'm fairly confident I'll be okay.

    dogtown tom - I've all but given up trying to disprove what you say and I believe. So, I'm going with it. :D
     
  7. Bubbles

    Bubbles Member

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    The ATF will need something in writing to include in your file. This means the HOA board will have to meet, vote, have the vote recorded in the meeting minutes, etc.

    This also helps protect you if a future HOA board decides to play games.
     
  8. Art Eatman

    Art Eatman Administrator Staff Member

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    In Texas, the state and the county do not control the use of property in the sense of zoning. Ya gotta get off into the area of health and safety or pollution to get their attention.

    Strictly a city or as mentioned, HOA and deed restriction deal.

    If you're gonna have a business name, a suggestion: Record it with the county clerk's office as a "DBA"--doing business as. That way, nobody else can use that name in your county. It's good for ten years, and renewable. Modest fee.

    To deal with sales taxes, you need an ID # from the Comptroller's office. Having that lets you get a commercial discount on all sorts of stuff. :)
     
  9. dogtown tom

    dogtown tom Member

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    I posted this on The Firing Line a while back.


    http://www.thefiringline.com/forums/showthread.php?p=3786127#post3786127
     
  10. paul

    paul Member

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    Tom...
    Thanks for the info...
    Coupla questions...

    What about shipping/receiving?
    What about NFA items your LLC may own?

    please PM if the answers will lead me to more questions...:confused:
    Thanks,
    p
     
  11. dogtown tom

    dogtown tom Member

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    I have an account at the UPS Store. They receive and sign for UPS, FedEx and USPS packages. They shoot me an email everytime a package arrives. I pick them up each afternoon.

    For shipping long guns I use UPS. For handguns USPS.

    I do not deal in NFA toys.
     
  12. Art Eatman

    Art Eatman Administrator Staff Member

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    "For shipping long guns I use UPS. For handguns USPS."

    Isn't that a backwards typo? :)
     
  13. paul

    paul Member

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    Thanks...
    That was a big concern for me.

    Also, I have no intention of dealing NFA stuff, but the LLC I plan to use for my FFL does own some...
    I guess that "I" own the FFL, using my LLC to conduct business..?
    p
     
  14. dogtown tom

    dogtown tom Member

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    Nope.
    Firearms dealers are allowed to mail handguns.

    I'm a dealer, so I would rather pay $25 to ship a handgun through USPS, than pay UPS $50 for the same.
     
  15. Art Eatman

    Art Eatman Administrator Staff Member

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    Gotcha. Thanx. Good to know.
     
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