Mark Koscielski emails The Last Gunshop in Minneapolis:

The gun grabbers have announced their intentions to disarm America, and Now they’re at it again: 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, which specified no minimum distance requirements.

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, the “revised” codes added a further condition: a gun shop must be 500 feet from a church, a school, a park, or a library and 250 feet from a residence. There was no place in the City of Minneapolis where a firearms dealer could exist. However, when a day-care center opened just 8 feet from the gun shop, the zoning and planning board said nothing about the suitability of the site.

Ironically, Minnesota originally had a preemption law excluding firearms dealers from restrictive municipal zoning laws; however, a later state law permitted municipalities to regulate the location of firearms dealers, provided that their zoning ordinances are “reasonable, nondiscriminatory, and nonarbitrary.”

In the summer of 2003, Mark’s lease was finally terminated, and he searched for another location. The restrictive zoning laws forced him to rent a site not in compliance with the zoning code. Mark set up shop and prepared for the inevitable legal battle. Within 24 hours of his hanging up his sign bearing his “Koscielski’s Guns & Ammo” logo, the zoning department appeared on site, demanding that the sign be taken down. To eradicate Second Amendment rights, even the First Amendment can be sacrificed.

Minneapolis backed away from barring the sign, at least until Mark—a disabled veteran—has his day in court to fight for his livelihood. However, the city did shut down Mark’s business for three-and-a-half months, thus cutting off his income and severely restricting his ability to retain
effective legal counsel. A consulting attorney operating pro bono prepared a tentative 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, particularly since the adoption of the Minnesota Personal Protection Act of 2003 that sanctions the carrying of concealed handguns with a permit.
2. Minneapolis’s adoption of an impossible-to-legitimate or satisfy ordinance may 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.

If you believe that the Second Amendment means nothing without access to firearms and ammunition, and if you believe that liberal anti-gunners should not be allowed to fulfill their social agenda by driving federal-government-regulated businesses out of existence, please help us today. Send a donation in any amount to

Koscielski’s Guns & Ammo Legal Defense Fund
c/o TCF Bank
5550 Nicollet Avenue
Minneapolis, MN 55419

The clock ticks away on our freedom.

For further information, call, write, or email Mark or Barb at

Koscielski’s Guns & Ammo
2926 Chicago Avenue
Minneapolis, MN 55407
(612) 827-3832

Posted in uncategorized on February 11th, 2004 by SayUncle | RSS 2.0 |