DeSchaine
Regular Member
After reading some more on the case from articles in the Madison Courier (they even have links to all the past related articles at the bottom, very cool) and then reading Fallschirmjager's great post I think Big Shot might be in for a bigger fight than they think, NRA not withstanding.
I'm not a lawyer, but it seems to me that it all will come down to what the courts will consider as "commerce" under 35-47-11.1-2(3): "commerce in and taxation of firearms, firearm ammunition, and firearm accessories." I think it highly likely that the county will argue that they satisfied state law by issuing the permit for the people to have sales and smithing, but there is nothing requiring them to approve a special use permit for the use of firearms.
That said, there is nothing to stop the Chapos from having family and an extended group of friends come by every day for a fun time of plinking, and nothing to stop those friends from gifting money to the owners, but without the permit, they can't charge a fee. By doing that, and that alone, they do appear to be in violation of the law.
I'm not a lawyer, but it seems to me that it all will come down to what the courts will consider as "commerce" under 35-47-11.1-2(3): "commerce in and taxation of firearms, firearm ammunition, and firearm accessories." I think it highly likely that the county will argue that they satisfied state law by issuing the permit for the people to have sales and smithing, but there is nothing requiring them to approve a special use permit for the use of firearms.
That said, there is nothing to stop the Chapos from having family and an extended group of friends come by every day for a fun time of plinking, and nothing to stop those friends from gifting money to the owners, but without the permit, they can't charge a fee. By doing that, and that alone, they do appear to be in violation of the law.