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-   -   the refund proccess (http://www.firearmstalk.com/forums/f47/refund-proccess-69336/)

mattybock 07-31-2012 08:25 PM

the refund proccess
 
I had my hopes up but it seems that the city will allow more than 30! illegal or varianced businesses, but they won't allow mine.
How do I go about getting a refund for my application, the BATF agent wasn't clear.
:(

welcome back to unemployment. thanks government. :mad:

silverado113 07-31-2012 08:32 PM

I don't know about the refund have you called the licensing branch? 1-800-788-7133

mountainman13 07-31-2012 08:42 PM

A refund is highly unlikely. What happened city zoning issue?

COF 07-31-2012 11:37 PM

What was the reason the have for denial?

mattybock 08-01-2012 07:05 AM

Quote:

Originally Posted by mountainman13 (Post 888434)
A refund is highly unlikely. What happened city zoning issue?

I was told by the BATF agent that a refund is avaible if the application is denied.

mattybock 08-01-2012 07:17 AM

Quote:

Originally Posted by COF (Post 888654)
What was the reason the have for denial?

It was not a denial by the BATF, but a denial from the city.
You see in the little town in texas in which I live, there are various zones- residential R-1, commercial, etc.
A few weeks ago I called the city and asked if I could run a business from my home. I was told 'yes' by the city secretary. The BATF checked up on this and she was told 'no' by the building inspector... not the zoning guy, so I now have to get written permission from the city.

A week ago I had a sit down with the city building inspector and they said that the business could not exist because businesses are not allowed in my area (R-1 residential).
I pointed out that on my street alone there are 5 businesses run from homes. There are over 30 businesses run from homes in the entire city.
So either someone has gotten a variance, the city is ignoring the 30 illegal businesses, or someone is paying someone off.

I inquired about the other 30 and was told that 'we've never heard of them before'. BULL F*CKING SH*T!

They then changed their story and claimed that my business was not allowed because it was 'retail' (I would have the right to sell firearms), so I pointed out the jewelry maker, the book binder, the plumber who can order you a toilet - their reply was 'well we can't help that, but we'll investigate them'.

They then pulled state law on me and said that it would be illegal due to 'spot zoning.'
Spot zoning means you can't rezone a plot of land surrounded by different zoned land - you can't put a liquor store in the suburbs.

Apparently the zoning law says that the business is spot zoning if the neighbors are inconvenienced. Hell, one of them runs a photograph business and the other parks a 5 ton trailer in the street!

They looked up enough to damned me, but not enough to realize I was in the right! So now I have to have a meeting with the board of adjustments, which will either deny or grant my variance.

They will probably deny - so how do I get my refund of $200 for the denied application?

silverado113 08-01-2012 01:28 PM

Quote:

Originally Posted by mattybock (Post 889140)
It was not a denial by the BATF, but a denial from the city.
You see in the little town in texas in which I live, there are various zones- residential R-1, commercial, etc.
A few weeks ago I called the city and asked if I could run a business from my home. I was told 'yes' by the city secretary. The BATF checked up on this and she was told 'no' by the building inspector... not the zoning guy, so I now have to get written permission from the city.

A week ago I had a sit down with the city building inspector and they said that the business could not exist because businesses are not allowed in my area (R-1 residential).
I pointed out that on my street alone there are 5 businesses run from homes. There are over 30 businesses run from homes in the entire city.
So either someone has gotten a variance, the city is ignoring the 30 illegal businesses, or someone is paying someone off.

I inquired about the other 30 and was told that 'we've never heard of them before'. BULL F*CKING SH*T!

They then changed their story and claimed that my business was not allowed because it was 'retail' (I would have the right to sell firearms), so I pointed out the jewelry maker, the book binder, the plumber who can order you a toilet - their reply was 'well we can't help that, but we'll investigate them'.

They then pulled state law on me and said that it would be illegal due to 'spot zoning.'
Spot zoning means you can't rezone a plot of land surrounded by different zoned land - you can't put a liquor store in the suburbs.

Apparently the zoning law says that the business is spot zoning if the neighbors are inconvenienced. Hell, one of them runs a photograph business and the other parks a 5 ton trailer in the street!

They looked up enough to damned me, but not enough to realize I was in the right! So now I have to have a meeting with the board of adjustments, which will either deny or grant my variance.

They will probably deny - so how do I get my refund of $200 for the denied application?

Did you say you were applying for an 07 FFL?

mattybock 08-01-2012 02:05 PM

Quote:

Originally Posted by silverado113 (Post 889231)
Did you say you were applying for an 07 FFL?


Regular class 1 gunsmith license.

silverado113 08-01-2012 02:07 PM

Quote:

Originally Posted by mattybock (Post 889273)
Regular class 1 gunsmith license.

Ok. Maybe during your board meeting you can let them know that most of your business will be internet based with limited foot traffic. Not saying that is the case but who knows. I'm glad my city isn't this stupid, it was pretty easy to get the okay from them for my 01. Wish you the best!

FFL01user 08-01-2012 03:01 PM

If you paid the application fee by credit card and are entitled to a refund they will credit the card with which you paid. I'm not sure how refund application fees paid by other means are refunded. As stated above, best bet is to call the licensing center after you've exhausted you zoning appeals. I'm not so sure you're entitled to a refund though. The ATF didn't deny you. It appears as though they were ready to issue the license but you didn't have all your ducks in a row which is no fault of the ATF. Clearing your local zoning should've been done before you put ink to the FFL application.


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