Amanda Oglesby

@OglesbyAPP

LACEY - An ammunition store owner was unable to convince the township Zoning Board of Adjustment to allow him to sell firearms, too.

William Malcolm, a retired captain of the Union County Sheriff's Office and owner of Jersey Sportsman on Route 9, sought a variance from the board. He and his lawyer, Christopher M. Suspie of Lacey, argued that allowing Jersey Sportsman to sell guns, in addition to ammunition, would provide a convenience to residents of Lacey who are hunters and recreational shooters.

"I have a lot of customers that come in and buy ammunition, Lacey residents, and they ask me on a daily basis 'When are you going to sell firearms?' " Malcolm testified before the zoning board on Monday.

Currently, residents must leave town to shop for handguns and rifles in a store.

Malcolm sought a variance because a gun store is not specifically permitted inside Lacey's C-150 business zone. Earlier this year, the board of adjustment ruled against Malcolm when his attorney argued that a gun store is a permitted use in the neighborhood.

Dozens of residents attended the hearing to show support for Malcolm. Some testified on his behalf.

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"Rather than us having to go to Toms River or Manahawkin, we'd like to go to Bill's," said James Bangert, 52, of Lacey. "As a small-business owner, we'd like to see him succeed."

But Chris Reid, director of community development for Lacey, said the board had to decide whether a gun store conformed to the township's master plan and local zoning rules.

"This is not a hearing regarding Mr. Malcolm's qualifications to sell guns. His qualifications are undisputed," Reid told the board. "Unfortunately, that's not for the board's determination. This is a land use issue."

Reid said that businesses within the C-150 zone have proved they serve the convenience of local residents and that Malcolm and his attorney failed to lay out the "positive criteria" for their variance request.

John Liga, who works at nearby Biele Jewelers on Route 9, urged the board to not grant the variance. Liga said a gun store was not the type of business he wanted to see in Lacey's town center.

"This area has become a very vibrant center of commerce," he said . "We are not in any way opposed to gun ownership. ... However, this is not a Second Amendment issue. This is a zoning issue."

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But Malcolm said that rejection amounted to a denial of his own Second Amendment rights, noting that his store was adjacent to a smoke shop and palm reader, neither of which were businesses specifically approved to operate in the C-150 zone.

Gun selling "is a very well regulated business," he said. "There are a lot of gun enthusiasts in Lacey Township."

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Reid urged the Board of Adjustment to vote based on their understanding of Lacey's master plan and the local ordinances. The Township Committee would have amended those ordinances in the past had they wanted to permit gun sales in that section of town, he said.

"It's not a constitutional question. There is case law that states zoning boards of adjustment are not to make determinations of constitutional questions," Reid said. "That is not the duty of the zoning board."

Though a 4-3 majority of the board of adjustment voted in favor of Malcolm's request, it failed to secure the five votes needed to grant Malcolm the variance.

After the meeting, Malcolm said he would continue fighting for what he said was his right to legally sell guns.

"Firearms commerce is a Second Amendment issue, and it's not going to end here," he said.

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Amanda Oglesby: 732-557-5701; aoglesby@gannettnj.com