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Thread: Shooting range under attack.

  1. #1
    Accomplished Advocate color of law's Avatar
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    Shooting range under attack.

    Shooting range under attack.
    http://wkmnews.com/automatic-gunfire...desist-orders/

    These people need your help. They have a grand opening this weekend and the county commissioners are trying to shut them down.
    https://www.deputybigshot.com/shop/go/

    The gun shop and range is on a 160 acre farm. I have known these people for years and they are good people. And no, I don't have a financial interest.

    A Cease & Desist Order has been issued, which has has no teeth. The regulation they cited does not exist. The Zoning Commission says the issue is noise.

    But, State law IC 14-22-31.5-6 titled “Liability relating to noise” states:

    “A person who owns, operates, or uses a shooting range is not liable in any civil or criminal matter relating to noise or noise pollution that results from the operation or use of the shooting range if the construction and operation of the shooting range were legal at the time of its initial construction or initial operation, and the shooting range continues to operate in a manner that would have been legal at the time of the inception or initial operation.”
    The range has been around since 1991. Now that it is being promoted a few locals don't like it.
    Give them a call and offer them encouragement to stand up to the antis....

  2. #2
    Regular Member OC for ME's Avatar
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    Send a certified copy of the statute to the commission and the relevant cop shop. Once formally notified that the range is legal there will be no immunity for any government minion who acts, unlawfully, in his official capacity to shut down normal range operations.

    Good luck.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  3. #3
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by color of law View Post
    Shooting range under attack.
    http://wkmnews.com/automatic-gunfire...desist-orders/

    These people need your help. They have a grand opening this weekend and the county commissioners are trying to shut them down.
    https://www.deputybigshot.com/shop/go/

    ...
    The government official (Jefferson County Surveyor) in the video says that the owners applied for a permit "several years ago" and were denied. If they've been around since 1991, that seems more than "several" years ago. I'm gathering that the "cease and desist" order is a separate document?

    I think it would be enlightening if both the application and the cease and desist order were made available here for review.

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    Accomplished Advocate color of law's Avatar
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    I went to the meeting today. HUGE turnout of supporters for the range. It was standing room only. Sadly the commissioners seem hell bent on shutting it down despite the fact that the owners don't charge for usage, they only ask for donations to help with upkeep.

    The commissioners are going to ask for an injunction to keep it shutdown while the case proceeds, but the owners and myself are unable to find the ordinances they are accused of violating in the county code. It seems the zoning board may be trying to use city ordinances to shut them down despite the fact they live far outside city limits. I'm not sure how the law works in Indiana in this particular case, but I found the corresponding city ordinances and forwarded to the owners.

    They have a Grand Opening coming up on Sunday and I encourage anyone who can to go. If you can't make it be sure to keep them in your prayers.

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    Quote Originally Posted by color of law View Post
    Looks like a simple motion to dismiss is all that will be required. I think that the agency is using a town regulation from a town that is not within their jurisdiction.

    Its unfortunate that the people did not sound proof their house ... they can still move.

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    I don't say this often, but I was wrong. It seems they were found in violation of county zoning ordinances. The numbers the surveyor served them with, however, came from an internal zoning office handbook and not the county code. After playing phone tag for 3 days, I was able to determine what exact county ordinances they are accused of violating. I passed this info on to Deputy Big Shot so they can prepare a proper defense.

    Now my favorite comment from one of the county commissioners on this topic (and you can see it on the video Big Shot's Facebook) is "We most certainly can tell you what you can and cannot do on your private property". My response to this would be to stop calling what they have a "range" and just calling it a field they just shoot in. Hunting is allowed in their zoning district and their are NO county ordinances against discharging a firearm in their district either.

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Your friend should contact an attorney ASAP and say no more until released to do so by said lawyer.

    Questions to be resolved -
    Is it illegal to have a private range, not a commercial enterprise, on his property?

    Are there any "improvements" commonly associated with a range? i.e. permanent shooting stations, berm/backstop, etc.?

    Is there an ordinance disallowing shooting (discharge of firearm) on one's own property? Can he not invite guests to do likewise?

    Perhaps forming a private club would suffice.

    Many questions - no true legal advice. IMO, the introduction of an attorney is most important at this stage.

    BTW - that ad in post #1 would seem to suggest that a commercial venture is afoot
    Last edited by Grapeshot; 04-29-2016 at 02:39 PM. Reason: added
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  9. #9
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Your friend should contact an attorney ASAP and say no more until released to do so by said lawyer.

    Questions to be resolved -
    Is it illegal to have a private range, not a commercial enterprise, on his property?
    Yes. Zoning does not address shooting ranges.

    Are there any "improvements" commonly associated with a range? i.e. permanent shooting stations, berm/backstop, etc.?
    The range has the NRA stamp of approval.

    Is there an ordinance disallowing shooting (discharge of firearm) on one's own property? Can he not invite guests to do likewise?
    No ordinance and yes to guests.

    Perhaps forming a private club would suffice.
    Could do that.

    Many questions - no true legal advice. IMO, the introduction of an attorney is most important at this stage.
    Possibly.

    BTW - that ad in post #1 would seem to suggest that a commercial venture is afoot
    Yes it does.....
    Last edited by color of law; 04-29-2016 at 02:55 PM.

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    Quote Originally Posted by Ahareht View Post
    I don't say this often, but I was wrong. It seems they were found in violation of county zoning ordinances. The numbers the surveyor served them with, however, came from an internal zoning office handbook and not the county code. After playing phone tag for 3 days, I was able to determine what exact county ordinances they are accused of violating. I passed this info on to Deputy Big Shot so they can prepare a proper defense.

    Now my favorite comment from one of the county commissioners on this topic (and you can see it on the video Big Shot's Facebook) is "We most certainly can tell you what you can and cannot do on your private property". My response to this would be to stop calling what they have a "range" and just calling it a field they just shoot in. Hunting is allowed in their zoning district and their are NO county ordinances against discharging a firearm in their district either.
    Why not post a link to the proper ordinance(s)? I would guess that the penalty is a fine. But if they did not cite a proper authority the remedy is still a motion to dismiss.

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    Another violation....

    When we are looking at issues they are facing there is another one that simply just stood out for me, (being a former tech writer and desktop publisher and all); and that is the unauthorized use of a Hannah Barbara Cartoon Character ("Deputy Dawg" from Quick Draw McGraw), as their logo.
    If they have not gotten permission to use this from HB, (or the licensed owners), then they are committing massive IP Piracy, Trademark and Copyright Piracy, which can lead to lawsuits, which in return can lead to them losing $$$$$$.

    My "suggestion" for them would be "If they didn't get the okay to use this character in their logo, then remove it." Do NOT use already licensed logos, characters, titles, etc for their business. It's essentially theft (Stealing of IP and copyright), and doesn't look good.

    A silly thing I know, but with all the problems they have right now, something like this could seem minor UNTIL they get the lawsuit demanding $$$ for damages....
    Murphy
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    "Go back to sleep....Your Government will take care of you...."

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