A Eureka Springs business owner is pressing forward in his efforts to operate a gun shop in the city.

An attorney representing Eureka Gun LLC filed an amended complaint Tuesday, Aug. 6, in Carroll County Circuit Court appealing the Eureka Springs City Council’s July 8 decision to uphold the city planning commission’s denial of owner Keeling Grubb’s second application for a conditional use permit to operate the gun shop in his existing store at 3022 E. Van Buren.

The council voted 4-2 against Grubb’s appeal of the planning commission decision. The planning commission had voted 3-2 in favor of issuing the CUP on June 11, but four votes are required for approval. The planning commission has two open seats.

The complaint notes that Grubb was not allowed to speak about his request at the July 8 council meeting, although planning commission member Tom Buford and council members Terry McClung and Autumn Slane all said they believed the CUP should be granted based on all the criteria being met. Two residents spoke against Grubb’s application and three letters, also in opposition, were read into the record.

Council member Harry Meyer also spoke against the application, saying that his constituents had asked him to vote against it.

Council members David Avanzino, Susane Gruning and Steve Holifield joined Meyer in voting no. McClung and Slane voted in favor of Grubb’s application.

Grubb had filed a similar application for a CUP in 2023, but that application was denied by both the planning commission and the city council and Carroll County Circuit Judge Scott Jackson upheld that decision. Grubb’s 2023 application sought permission to operate a pawn business as well as selling guns at the Van Buren location. His most recent CUP application did not seek permission to operate a pawn business.

Grubb currently sells sporting goods and shooting equipment and ammunition at the Van Buren location, but does not sell firearms at that location. He sells firearms at a second location outside the city limits.