The March 2016 edition of the Zoning and Planning Law Report contains an article by Amy M Lavine on zoning and the Second Amendment. The article, In the Zone of Fire: Land Use Restrictions for Shooting Ranges, Gun Dealers, and Similar Uses, discusses the Supreme Court’s recent gun control decisions and their impact on municipalities attempting to regulate the use of property for shooting ranges and gun dealerships. It also discusses more typical zoning issues that arise with local gun control laws, such as special permit requirements, zoning district prohibitions, and state law preemption.
As Lavine explains in the article, although zoning can help ensure that firearms-related property uses comply with local land use policies, municipalities must be careful to avoid unduly restricting the right to bear arms in violation of the Second Amendment, and they must also respect restrictions on firearms regulations contained in state zoning and gun control laws. Despite these legal considerations, however, Lavine concludes that “gun control has emerged as an increasingly important public concern, and zoning provides an effective opportunity for local governments to proactively manage the development of shooting ranges, gun dealers, and other firearms-related land uses.”
Amy M Lavine is an attorney based in Hudson, NY. She has written extensively about zoning, eminent domain, and other state and local government law issues for publications such as Salkin’s and the Urban Lawyer. Lavine is also an artist and entrepreneur and currently owns Sketch Hudson, an art supply and stationery retailer.