Dispute Over Home Weapon Sales Returns to Pinole City Council

The volatile question about whether guns and ammunition can be sold from homes is coming back to the city council Tuesday, in a clash between advocates leveraging the Second Amendment and city staff who discourage the practice.

The council is scheduled to deliberate about whether to uphold a planning commission recommendation to impose modified zoning regulations on the sale of firearms and ammunition in residential areas. That recommendation has been challenged by opponents as overzealous and an infringement of the Constitutional right to bear arms.

Pinole Police Chief John Hardester asserts that the regulations are necessary to protect public health, safety and welfare. He is backed by City Attorney Ben Reyes, who says the conditions for use permits comport with state law.

At issue is whether such sales should be allowed on properties zoned residential and in proximity to places such as schools and parks.

City officials denied an Oct. 2011 application for a use permit and business license for gun sales at the caretaker's residence in Pinole Valley Park, adjacent to the dog park, based on the zoning of the property. A month later they denied a subsequent application at a Diablo Court residence because the applicants did not live at that address. A third application, for a home-based gun repair business, is pending. It would not be subject to the zoning ordinance under consideration on Tuesday.

By a 4-1 vote in February, the city council extended a moratorium on granting permits for home-based gun businesses. They sent the issue to the planning commission for review. Planning commissioners voted unanimously on March 26 to restrict sales to commercial areas.

In 1995 the city council adopted an ordinance that addressed residential gun sales, but it was neglected and left out in a 2010 overhaul of the city zoning code.

An article published in the Contra Costa Times on Sunday indicated that a large number of gun rights "activists" plan to attend Tuesday's meeting.

The council meeting is scheduled for 7 p.m. at City Hall, 2131 Pear St. It will be broadcast live and streamed live on the Web by Pinole TV.

What do you think the city council should do?