question on shooting on your own property

eddie0225

eddie0225

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I kinda partially ran into a problem sorta today we were shooting on my property into a good burm, all safe in a safe direction. Well a few nights earlier a person had shot a bunch of rounds off about, midnight to 1 am which ticked me off also but this got locals on main street to say they (after we'd started shooting today) wanted to pass an ordinance banning shooting here in the Bethania township period, we are surrounded by city limits other than our land and the township. Has anyone ever ran into this problem? I've got close to 400 yards of clear shooting in my back pasture plenty clear of any persons property and always in a safe manner. I've even had instructors ask if they could do shooting classes here as its safe easy access and in a nice setting. So anyone ever ran into a situation like this? Also if this is in wrong section could you please put in an appropriate section.
 
How long have you been shooting there? If you were there before 2Apr15, H562 protects your use of the range.

http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H562v0.pdf

The applicable statue is...

§ 14-409.46. Sport shooting range protection.

(a) Notwithstanding any other provision of law, a person who owns, operates, or uses a sport shooting range in this State shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time the range began operation.

(b) A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on the basis of noise or noise pollution, and a State court shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time the range began operation.

(c) Rules adopted by any State department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range that was in operation prior to the adoption of the rule.

(d) A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution against the person who owns the range to restrain, enjoin, or impede the use of the range. If there is a substantial change in use of the range after the person acquires title, the person may maintain a nuisance action if the action is brought within one year of the date of a substantial change in use. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.

(e) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been no substantial change in use. (1997-465, s. 1; 2015-195, s. 5(a).)
 
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They tried to pass an ordinance in Tobaccoville requiring a buffer area larger than most properties within Tobaccoville.

I'm pretty sure the news running the story before the aldermen/town meeting is what made it go down in flames, turns out there are far more shooters/hunters than yuppies playing country in that area.

I'm not sure Bethania would have the same, but encourage everyone you know to go and oppose if the issue makes the calendar.
 
eddie0225 said:
I've been shooting here since 2000
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Then you can politely tell them to pound sand. If you have a city council in Bethania, send a nicely worded note reminding them about 14-409.46.

It doesn't matter if this is a personal or commercial range. Current law does not allow anyone to require you to jump thru any hoops that didn't exist prior to the adoption of 14-409.46 on 2Apr15.

Stand firm. Your situation is EXACTLY why that law is on the books.

ETA: typed the wrong year out of habit. 2015 is correct.
 
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oh most know of it being brought up and from what I've heard will be there but we all know how that can go
I don't know if anyone other than me and my family will be there but this is important to me shooting is about all I can do anymore for enjoyment for me personal. I've made sure I got a place that is safe and not bothering anyone other than the shooting, the police came and actually checked out the whole shooting layout today and said it was great, I always offer shooting time to any officer who wants it to shoot handgun or longrange.
 
trcubed said:
Then you can politely tell them to pound sand. If you have a city council in Bethania, send a nicely worded note reminding them about 14-409.46.

It doesn't matter if this is a personal or commercial range. Current law does not allow anyone to require you to jump thru any hoops that didn't exist prior to the adoption of 14-409.46 on 2Apr15.

Stand firm. Your situation is EXACTLY why that law is on the books.

ETA: typed the wrong year out of habit. 2015 is correct.
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I want to thank you very much for letting me know this for sure.
 
eddie0225 said:
oh I will make sure I'm heard loud and clear and my wife will make sure I keep civil
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I suggest that the best approach is to send a letter to whomever is in charge expressing your concerns about the costs associated with the township doing something that appears to be prohibited by state law. Use language like "a number of private ranges have been operating since at least 2000." You might also point out that reckless behavior can be dealt with under existing statutes (you'll need to find the appropriate sections). Use short sentences and short paragraphs, keep it to a single page.

Assuming that you don't get a satisfactory response you can raise the issues at the meeting and provide a copy of the letter and specifically ask for a written response.
 
You should introduce the complaining neighbors to the joys of shooting. Invite them over, let them do some mag dumps. That in itself should take some of the ornery out of them.
 
bigfutz said:
You should introduce the complaining neighbors to the joys of shooting. Invite them over, let them stand down range. That in itself should take some of the ornery out of them.
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FIFY

They tried something like this Lincoln Co due to some relocated yankees on the east end of the county (re: Lake Norman).

Sheriff Carpenter opposed it on the grounds that it would be impossible to enforce. Wish he had the balls to tell them to go pound sand back in CT or MA or whatever hellhole they came from.
 
trcubed said:
Then you can politely tell them to pound sand. If you have a city council in Bethania, send a nicely worded note reminding them about 14-409.46.

It doesn't matter if this is a personal or commercial range. Current law does not allow anyone to require you to jump thru any hoops that didn't exist prior to the adoption of 14-409.46 on 2Apr15.

Stand firm. Your situation is EXACTLY why that law is on the books.

ETA: typed the wrong year out of habit. 2015 is correct.
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The statute only applies to noise pollution issues. Not to other restrictions. For instance, the previously mentioned Tobaccoville ordinance would have been a legal ordinance.

It would look something like: no one may discharge a firearm within 500 yards of an occupied dwelling.

Just wanting to make sure everyone understands the law, because the OP would have some serious egg on his face if he were to claim that no ordinance would apply to him because he was already shooting on his property.
 
I believe noise is what they are complaining about, which is why 14-409.46 applies.
 
np307 said:
The statute only applies to noise pollution issues. Not to other restrictions. For instance, the previously mentioned Tobaccoville ordinance would have been a legal ordinance.

It would look something like: no one may discharge a firearm within 500 yards of an occupied dwelling.

Just wanting to make sure everyone understands the law, because the OP would have some serious egg on his face if he were to claim that no ordinance would apply to him because he was already shooting on his property.
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Theres a template out there that dates from 1968 that calls for 900yd from occupied dwelling distance. Most newly crafted ordinances have a target shooting or hunting exception. Thats why I can tell my neighbors to pound it
 
what got them all up in arms is a local close to main street bethanian has been shooting off a series of rounds at midnight up till 1am and it is ticking a number of people off me included in fact most of the people who have guns don't care for this as whatever it is is high powered and it is either bump fired or full auto not a pleasant thing to awake to at that time of night.
 
well update of sorts instead of a letter I went down to talk to town hall secretary and just so happened the Mayor dropped in and we all started talking about up coming meeting. Well they gave me a copy of the agenda and I looked it over and asked will there be a discussion on shooting? They said no and I said well I was wondering and had heard there may be one because of the recent shooting and Mayor said yes there was a lot of loud shooting going on monday, I was called by a number of people concerned about it and I was concerned about people walking on the trails. I told her the shooting monday was me and I was mainly talking about the shooting at midnight and was concerned about that as its never safe shooting at night randomly. The Mayor told me she was concerned about the people on the trails, I told her the officers that had been called came down and visibly inspected where we was shooting, and went with me over the whole area and seen we had more than an adequate and was quiet safe where and how we were shooting. I also said it might be good to post something on the trails about loose dogs as coyotes were very plentiful around here. We continued to talk for a bit and I let her know I'd see them at the next townhall meeting.
 
There's walking trails near you? And are they behind the burm? If they go near or behind your burm they might have a little leverage. Better question are the trails in a park or private property?
 
As far as the shooting after dark goes you should maybe push for some ordinance against that. It's foolish to have someone out at midnight popping off rounds.
 
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Scari said:
There's walking trails near you? And are they behind the burm? If they go near or behind your burm they might have a little leverage. Better question are the trails in a park or private property?
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the trails are at the side across the creek and it is state property the trails are probably 200 yards to the side of the burm with tons of vegetation between the burm and them and there is probably another 200 yards behind the double burm it is a burm shaped in a semi circle where the creek was dredged years ago and they made it to stop flooding
 
I've got about 30 couple acres in Catawba county with a creek that has a high berm. It's safe for shooting and 200 yards from any house. My land is within seeing distance of an elementary school and every time I pull a trigger, I get a visit from the local sheriff deputy. He looks around and says I'm good, but I'm tired of putting up with this crap. I've talked to the school to no avail. I've just quit shooting there as it's a pain in the Azz!
 
Hammer21b said:
I've got about 30 couple acres in Catawba county with a creek that has a high berm. It's safe for shooting and 200 yards from any house. My land is within seeing distance of an elementary school and every time I pull a trigger, I get a visit from the local sheriff deputy. He looks around and says I'm good, but I'm tired of putting up with this crap. I've talked to the school to no avail. I've just quit shooting there as it's a pain in the Azz!
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Shoot after school hours and on weekends. I would put a notice on your land of no trespassing on the area in question, put a gate up and then they will need a warrant.

They pulled that shit on me and I called the sheriffs office and asked them which ordinance I should follow, county or city. They told me city. City cops came and said Im safe and that I had a perfect setup for a small range, and that they would come shoot with me if my neighbors continued to be dickish about it. Havent seen an LEO in more than a year now

Next time I am gonna hit them up with the state statute for established shooting ranges [emoji6]

Esp this part "A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on the basis of noise or noise pollution, and a State court shall not enjoin the use or operation of a range on the basis of noise or noise pollution, *if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time the range began operation*"
 
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Hammer21b said:
I've got about 30 couple acres in Catawba county with a creek that has a high berm. It's safe for shooting and 200 yards from any house. My land is within seeing distance of an elementary school and every time I pull a trigger, I get a visit from the local sheriff deputy. He looks around and says I'm good, but I'm tired of putting up with this crap. I've talked to the school to no avail. I've just quit shooting there as it's a pain in the Azz!
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So...the complainers won, right?

Chuck, you didn't spend 30 years wearing this country's uniform to put up with that crap. Don't give up. Fight back.
 
trcubed said:
So...the complainers won, right?

Chuck, you didn't spend 30 years wearing this country's uniform to put up with that crap. Don't give up. Fight back.
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I know it seems like that but, I've spent some time checking and even though the berm is solid, the trees around it have thinned over the years. I couldn't live with my self if one of those kids, or someone else was hurt, so it's been easier to find another place to shoot. Nothing would probably never happen, but I'm not willing to chance it. You know my luck!
 
Hammer21b said:
I know it seems like that but, I've spent some time checking and even though the berm is solid, the trees around it have thinned over the years. I couldn't live with my self if one of those kids, or someone else was hurt, so it's been easier to find another place to shoot. Nothing would probably never happen, but I'm not willing to chance it. You know my luck!
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That's a much more acceptable and understandable reason to not shoot there. Safety gets all the attention, complainers get none.

Sorry if I came across as overly harsh with the other post. Wasn't my intent.
 
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trcubed said:
That's a much more acceptable and understandable reason to not shoot there. Safety gets all the attention, complainers get none.

Sorry if I came across as overly harsh with the other post. Wasn't my intent.
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You sound like you feel about like me get really ticked when someone tries to tell you that you can't shoot

Sent from my 7040T using Tapatalk
 
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