The Down Range Forum
Member Section => Down Range Cafe => Topic started by: Dean Brevit on February 17, 2011, 06:31:14 PM
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Hi all,
Need help/advice I built my shooting range almost two years ago (still a work in progress) my home is also on site, county has no zoning, no range ordinance. I spoke to the county before I purchased the land about building a range and was welcomed with open arms, got building permits etc.
8 months ago another range in the county upset a few (3) of its neighbors, this company is now out of business and gone, but the mess they started has created a shooting range ordinance (not in effect yet)
that will be voted on next month, this ordinance if passed will make it impossible to remain in business,
I’ve spent a great deal of money on the property (all I have) have been running matches every month, train local and Federal law enforcement on site, have had no complaints from neighbors , what is the legal answer ? I feel they should grandfather me in (legal answer), is this not a case of ex-post facto(spell check). Who at NRA could help on this ?
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Tough nut to crack. A couple of thoughts.
1. Any chance of convincing the County Commissioners to kill the ordinance, since the "problem" went away?
2. Can the CC's add the grandfather clause to prevent or restrict any NEW ranges
3. Can you get any of the aforementioned people who train there to testify at the open hearings for the ordinance?
4. Invite the entire commission and their "people" to a free shoot day, picnic, etc., and show them there is no problem.
That's all I got. Good luck!
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Screw the NRA. Hire a lawyer. Tommorow, first thing. County ordinances are tricky things. If you got written permission (I hope) you should be ok. The SC ruled in favor of property owners a few years back on their right to build condos on what had become single family home only areas as their purchace predated that (a bit sketchy if I recall, but it is the law). Anyway, the NRA MAY help. The couple of grand you spend on a lawyer now will help more. Get someone well respected in your community. Not a successful A-hole that every one hates or the new kid. This stuff can be as much about the "old boys club" as anything. Hire a member. Just my .02.
FQ13
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Pathfinder has several good points, and I add the following:
First thing: Pull all your information together including anything you can remember concerning dates and those you talked to even if it wasn't in writing.
Second: Talk to your attorney
Third: Call the NRA (877-NRA-RANGE)! Screw FQ! They deal in this. NSSF would also be a good resource - http://www.nssf.com (http://www.nssf.com) NSSF will be real good in developing your PR program for both the officials and the public.
Your records on all conversations (document your verbal exchanges as best you can so they don't change once put in record), and be ready for the meeting. Your attorney can help you, but you need someone that deals in the shooting industry and ranges. That is where the NRA and NSSF would be helpful. Whether you like them or not (like FQ and TAB) the NRA has clout, and just like a liability insurance company being able to offer big bucks to get a multi-million dollar lawsuit go away, the thought of fighting the NRA will make many a county attorney or group of commissioners rethink their hard line stance.
A side note: Many people are scared of the lead issues. There are companies that will mine your lead from the range. Contacting them and having their information in your written plan will show good faith in environmental issues.
Also, have you had any issues with neighbors? If not, write down conversations you have had with them and how that affects your operation. And if you have record that as well along with what you have done to correct and remedy those issues.
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Point of clarification. I'm not dissing the NRA. Just saying that it will take time for them to spring into action, if they do. Better to act early BEFORE an ordinance is presented and try to get a grandfather clause written in rather than waiting a month or so and then arguing for an exemption. Thus my suggesting hiring a well known and well respected lawyer. Essentially, you're looking at a lobbyist as much as a lawyer. The NRA MAY help, but they have lots of fish to fry. I wouldn't count on guys sliding down firepoles to race to help you. If they do great, if not, you're still covered.
FQ13
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An added step for you to take Dean:
Do you have groups like Scouts, 4H, schools, IDPA, SASS, USPSA, etc. using the range? If so any letters and testimony from them concerning your safety and the value of your operation would be valuable in countering fears from the outside. This is also an area where NSSF, NRA and other groups can speak to the value of shooting sports in building team work, good habits, self esteem and maturity in our youth and beyond.
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Get endorsements from all who shoot at your facility. Get a LOCAL lawyer, a phone consult is usually free, check he's not a closet lawyer for a County Commissioner with political ties...
S.C. is a pretty lenient state. Plus you are an existing range already in business. Record everything, as other posted, and DO CALL THE NRA REP. in your area.
Make noise, empty can rattles the most. Get the local gun shops have a petition, "Save Our Range" sign here, type thing, everyone that goes to a gun shop would sign it.
All the groups m58 mentioned. Especially Law Enforcement. Big accolades if you can get a Lt. Sgt. Shift Commander, etc,... Find the allies on the County Commission, small town politics, and the good ol' boy network still exists. Who's who?
Don't take this as a victim of the big bad County, City,.....Take it right back at them...More folks are on your side.
All previous posts are a great place to start. This is your property and livelihood, treat it as such, and go get em'.
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have you seen a copy of what it says exactly... Long story short, you maybe worrying over nothing. I hope that is the case.
You really need to show what kind of econmic damage will be done by closing you down.
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You have paperwork and you were there before the ordnance was put in place. It should not effect you. I have seen similar cases with gravel pits.
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Thanks for all the info,
I hold IDPA, ICORE, Ruger Rimfire, PCCA also hold the NC State IDPA and East Coast Championship, last year held the Ruger Rimfire East Coast Championship, NSSF first shots. We bring over 1,000 plus visitors to the county each year.
County commissioners were at the grand opening of the range, county is a no zoning county, no problem with neighbors at all, Sheriff's (not reps) from 3 neighboring counties spoke to my sheriff asking to help, not much he can do.
The ordinance list no fireing line within 1/2 mile of any dwelling, noise-no more than 65dbl at property line, may only be open mon-sat, daylight only , no fireing line less than 300ft from property line, $3,000.000.oo insurance (per ac), name county and all that work for county additionaly insured, etc. The above also covers shotgun ranges, live shoots, bow ranges.
My hours and noise restrictions , open 10am through dusk tues-sat, Sunday 12 noon to dusk, in summer nothing after 7pm, no center fire rifles (sorry) except LE training. Lead is removed from berms by reloaders
Kick in the pants is they O.K.'d private use of any firearm on private property, you can shoot a 50cal in your back yard, I asked that question, the answer was "yes you can do that, but not after 10pm"
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If you bring 1000 people into the county every year, it should be pretty easy to play the econ card. each one of those people have to spend atleast $100, locally. thats bringing atleast 100k from out side the county, not inculding what happens from the county. That should be a easy win, even more so if you get a few local biz owners that profit from your range on board to come and speak.
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Dean, keep your chin up, I like going against commissioners better than city councils for sure, that being said, review the advice you got here, and keep us informed as to the progress. Been through this twice, once as a supporter, the 2nd as a litigant. 1 piece of advice I will give you, if the Nra or Nssf gets involved, remember it is your range and lively hood, do not allow them to take over, listen, but verify. You stay in control, if you get a Lawyer, at least he is getting paid and has a professional responsibility to represent YOU.
I was involved in a multi million dollar lawsuit, our range had NRA insurance and representation, the lawyers were hacks, it was not until We hired a very good attorney that things started getting better. Food for thought.
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It will probably take years, and will definitely be expensive if they really want to shut you down.
But ordinances are just that, they are NOT "Laws". I learned from the guy with the Gravel pit, there is a difference.
On the other hand, if the county is not trying to push an anti gun agenda, simply trying to prevent a repeat of the other, problem range, then there is a good chance that simply presenting your concerns in an initially nonconfrontational manner will allow both parties to work together on a reworked ordinance that works for both .
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On the other hand, if the county is not trying to push an anti gun agenda, simply trying to prevent a repeat of the other, problem range, then there is a good chance that simply presenting your concerns in an initially nonconfrontational manner will allow both parties to work together on a reworked ordinance that works for both .
Damn! Here Tom is the voice of sweet reason. Will wonders never cease? ;D I think you have gotten some good advice here. A list of economic pros to your range, a list of identifiable and sympathetic constituents that use it, a well respected loal lawyer/lobbyist to present your case before anything is carved in stone, and bringing in national groups like the NRA/NSSF to help. Cover all those bases and you should be good (I hope). Please keep us posted.
FQ13
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It's simple FQ, ask nicely once, THEN kneecap them and ask nicely again.
Some one once said "there are many perfectly acceptable reasons for killing a person, but no excuse at all for being rude about it". ;D
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I suggest contacting Deltone-Luth Gun Club in St. Cloud, MN. Last summer they had similar issues with their county. They mobilized customers to fight. However, in the end they had to make concessions to get the deal done. The concessions were improvements to the ranges and operational procedures.
Jeff Hoppes - General Manager - 320-251-9873
Deltone-Luth Gun Club
3322 12th Street SE
St. Cloud, MN 56304
info@del-tone-luth.com
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I suggest contacting Deltone-Luth Gun Club in St. Cloud, MN. Last summer they had similar issues with their county. They mobilized customers to fight. However, in the end they had to make concessions to get the deal done. The concessions were improvements to the ranges and operational procedures.
Jeff Hoppes - General Manager - 320-251-9873
Deltone-Luth Gun Club
3322 12th Street SE
St. Cloud, MN 56304
info@del-tone-luth.com
Randy Luth founded DPMS, he is in a position to KNOW what he is talking about.
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It's simple FQ, ask nicely once, THEN kneecap them and ask nicely again.
Some one once said "there are many perfectly acceptable reasons for killing a person, but no excuse at all for being rude about it". ;D
That would have been my Great Grandad. ;D
FQ13
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Randy Luth founded DPMS, he is in a position to KNOW what he is talking about.
I only know from talking to one of the range employees, so this may not be the full story: I learned that it was Randy's sale of DPMS that brought on the issues. The fact that the range and DPMS were separate businesses was not considered.
Randy is a true "local boy" that is very active in the community. When I first went to the range I had an appointment to meet him at 1:30 PM. It was almost 4:00 PM before he showed up, because he was at a water rescue training session with the fire department. The next day the entire department was searching a frozen river for a St. Cloud State student that disappeared. His tracks disappeared on the river ice. Randy was in the water for many days that Sunday and Monday.
It is that level of community involvement and support that helped Randy do much of what he did on the edge of such a large city. And with the idea that Randy was "out of the picture" the anti's thought they had their way. A business I deal with in St. Cloud tells me that the range and "secret operations" at DPMS have many residents uncomfortable. By the way, the "secret operations" were going on while Randy owned DPMS. It is called military contracts, and once you accept those your facility becomes very secure and closed off to the public.