News

Gun shop owners must go through police chief

By Angeljean Chiaramida
Staff writer
Published: October 9, 2008

SALISBURY —After months of debate and research, selectmen have washed their hands of authority over licensing local gun shops, referring the town's two gun shop dealers to the police chief.

According to Selectman Don Beaulieu, state law requires gun shop licenses to be handled by police chiefs. The result of Beaulieu's research means the two men wanting to continue selling firearms and ammunitions in town must seek approval from police Chief David L'Esperance, after spending many meetings before selectmen.

The impetus for Beaulieu's research started months ago after a request for their approval of a business license address amendment for the previous proprietor of a gun shop at 90 Lafayette Road —Robert Forrest— to a new shop at 124b Lafayette Road. The move led to not only Bob's Tactical's Gun Shop setting up at the new address, but also the former owner of the gun shop —Bob Bernstien— requesting a license to run another shop out of the 90 Lafayette Road site.

The situation was confusing and the prospect daunting for approving both, as two firearms and ammunition dealers would be located within one-third of a mile of each other and within walking distance of Salisbury Elementary School, which lies between them.

Selectmen finally approved a license in early September allowing Robert Forrest to move the long-standing Bob's Tactical Gun Shop to the new address at 124B Lafayette Road. Forrest had all the necessary state and federal firearms permits as well.

However, the store's former owner, Bob Bernstien, who owns the property at 90 Lafayette Road, decided to open another gun shop at 90 Lafayette Road, but with a slightly new name: The Original Bob's Indoor Public Shooting Range and Gun Shop. After Bernstien submitted his request for a license to selectmen with all state and federal permits in hand, Beaulieu started checking state laws.

What he found was MGL Chapter 140, section 122, he said, which requires gun licenses be approved by local police chiefs, taking the licensing authority out of the selectmen's hands.

On Monday, selectmen told Bernstien they couldn't approve his request for a gun shop business license, referred him to the chief, and told Town Manager Neil Sullivan to contact Forrest to give him the news he has to start again with the chief, too.

As for Bernstien's desire to continue running his former shooting range in conjunction with this new gun shop, selectmen referred him to the code enforcement officer.

Beaulieu doesn't think Bernstien has the right to run the shooting range he has for years, although Bernstien got approval from the Zoning Board to build his shop and shooting range in 1988.

Although the technicalities may be off a bit, Selectman Jerry Klima thinks the arguments to deny Bernstien a shooting range permit are not sound.

"This is an issue for the code enforcement officer," Klima told Beaulieu. "But this is my opinion. Twenty years ago, Mr. Bernstien in good faith applied for a permit and it was approved to build his business, and he ran it for 20 years. I think if today the town told him he needs a special permit and tried to shut him down, it would be wrong, and it would get us a lawsuit."