Canton man living near high school seeks to sell firearms from his home

An item on tonight's Canton City Council agenda is the first reading of an ordinance granting a home occupation permit to Brad Soland at 1005 N. Main St. Last week, the city's Planning and Zoning Commission recommended council approval the permit. If that happens, Soland plans to sell guns at his home.

The proposal raises concerns for some people. The residence is less than 1,000 feet from the high school. In fact, his property line is only 66 feet from the fence line on the north side of the high school, according to City Attorney Chrissie Peterson.
Peterson said Monday she feels area residents regard Soland as a good neighbor, but some are concerned at the idea of someone buying a gun and driving away with it so close to the high school.
Soland apparently meets requirements for the permit, Peterson said, noting the area used for the enterprise will not exceed 20 percent of the total gross floor area of the home or 300 square feet. His proposed business, Soland Arms Inc., will not involve the use of commercial vehicles to distribute his products. Some items may arrive by FedEx, but no Soland Arms vehicles will be employed.
Federal laws against selling guns within 1,000 feet of school zones do not apply to possession of firearms on private property. Someone buying a gun cannot park on Linden Street and step in the public roadway with a newly purchased gun, since a road is not private property, but a purchaser could park in the private driveway and put a gun in the vehicle there. That's okay, Peterson said. Other rules apply to transporting firearms, but that is another set of issues, she noted.
Peterson said the city does not enforce restrictive covenants of private subdivisions. But even if it did, Soland's home is located in Lot 28 of the Winegar Subdivision, and it is the only lot that is exempt from covenants in the subdivision, she noted.
 She said Police Chief Dan Taylor talked to an agent in charge of licensing for the federal Bureau of Alcohol, Tobacco and Firearms (ATF), and the agent agreed with the city's position that the permit request meets the requirements: Guns will be kept in a safe at the home; the driveway will be used instead of the roadway; no one other than Soland will be employed in the enterprise; commercial vehicles (such as FedEx) may enter but not initially exit from the business; and so forth.
No license to sell firearms may be granted until the special use permit for home occupation is issued, Peterson noted.
She said this was a situation where a permit is not designed to defeat the purpose of zoning. The permit is to assist with a situation. It would not be allowable for Soland to tear down his house and build a gun business in its place in the R-2 zone, but he can sell guns from his home. On the other hand, a high-volume retail business is not the same as a home occupation permit, Peterson explained.
She noted Soland said at the Planning and Zoning meeting he hoped to sell from $150,000 to $200,000 worth of merchandise a year. "But what is high end? One gun can cost $10,000," she observed. She noted he also plans to sell gun safes, which can cost several thousands of dollars each. Ammunition is regarded as "incidental," and he hopes to sell bullets to police departments, although not private individuals, Peterson said.
She pointed out a firearms business has operated quietly for years on East Elm Street just east of the square. No special permit or permissive use was needed for that. ATF ensures program zoning is appropriate before allowing such a business to operate, she said. No issues have been raised about security since that business has been in operation, she noted.
A gun cannot be discharged legally within the city limits. Technically, not even a blank can be fired; an ordinance prohibits that. That means guns cannot be tested in town, Peterson said.
Soland said later Monday he has followed regulatory procedures. He has been approved by the Federal Bureau of Investigations after an FBI background check. He also has been inspected by and received training from ATF, he is certified by the National Rifle Association, and he has gone through the application process for the home occupation permit.
He said his family has been raised around guns and understands hunting and fishing interests. Gun safety is respected, and guns in his home are kept locked in a safe.
He said there will be no signs at his home, and traffic will not be an issue. Gun buyers will come there for appointments, one person at a time. If someone wants to buy a firearm, he will check their FOID (firearm owner's identification) card number and confirm that number with ATF. If all is well they can order a gun. A person must be at least 18 to buy a shotgun or rifle; no handguns may be sold to anyone under age 21.
Some guns take six months to come in. After ordered firearms arrive, state law requires a 24-hour waiting period for a buyer to take possession of a shotgun or rifle and three days for a handgun. Such guns will be locked in a safe in his home during those waiting periods, Soland said.
He said no gun will leave his home in a carrying case that is readily accessible, as is the case at numerous gun stores. "I have one rule: When it leaves my place, it's locked -- it's locked in a case, or it doesn't leave my house," Soland emphasized.
The waiting period after a gun arrives, along with exiting the premises with the gun locked in a case, should relieve concerns about being close to a school, he said. It is more security and respect for the safety of children than a typical gun store provides.
Soland said he will not get involved with collector guns. He also noted fully automatic weapons may not be sold in Illinois, so he will not be involved with those either.
Soland said he is 53 and has lived in Canton all his life. He said he has worked full time for a corporate entity for more than 20 years, handling numerous accounts. He is getting ready to retire and hopes selling guns and gun accessories will help him retire and do so in a way that interests him.
"This is strictly something I've always wanted to do. My youngest daughter is about to graduate from college. I'm ready to move on, and I can use the income to pay for college," Soland said.
He stressed there will not be a stream of traffic and firearms leaving his house. If business goes great over the next six months or so, he would like to start a business outside his home in a commercially zoned area. "But I've got to get started first. I've got to make money, or that won't happen," Soland said.
Source http://www.cantondailyledger.com/