The Right To Shoot…And Be Free From Nuisance Complaints

Currently the Minnesota Senate is debating the merits of legislation that would protect and set forth a series of guidelines for the operation and protection of Minnesota’s 320 gun clubs.   The legislation is important because, if properly enacted, it should begin to address the growing problem between gun clubs and the urban sprawl that threatens to run some clubs out of business.

This is a national problem with some serious consequences.   As would-be homeowners continue to carve out their niche in the world, inevitably the clash occurs between the interests of gun clubs and the wants of the new homeowner who happens to locate near the range.   In time, frustrations eventually hit the proverbial boiling point mostly due to the noise levels obviously associated with carrying on the club’s activities.

Shooters can take heart as they are not fighting this battle alone.   For several decades now the same problems have been occurring with farmers who look to carry on their livelihoods but have been sued under various nuisance laws – mostly for noxious odor concerns.   In most instances the courts have held in favor of the farmers…but during the 1990s it was becoming a dicey situation even for them.

Today, most states have some form of a “Right-To-Farm” law that protects the farmer to pursue his livelihood activities…even when neighbors new to the area don’t happen to like the offensive smells.   Still, it is prudent upon the farmers to use due diligence and follow strict guidelines to reduce any potential odor causing activities that heighten the conflict between farm/non-farmer neighbors.

Essentially this same action is now being looked at on behalf of protecting shooters and establishing some rights to pursue those leisure activities.   Let’s face it…it only stands to reason that when a shooting club establishes itself 25 years prior in a once desolate area…and with the passage of time land use changes evolve creating an area not so desolate from people…one could conclude it is the new homeowners who should have accepted such inconveniences by virtue of where they chose to locate their home.   In fact, we have always been a society to recognize the rights of those who made claims first over subsequent occupants – consider the Homestead Act, Land Squatting, etc.

But that is not always how things work in the real world.   The fact is many shooting ranges have some serious legal problems on the horizon if actions to protect them are not taken soon.   Fortunately, Minnesota is attempting to be proactive during this legislative session and address this ever-growing problem with the Shooting Range Protection Bill.

Still, the shooting ranges are not completely off the hook even with new legislation.   Many of these clubs continue to operate under very strict ordinances and zoning requirements that limit the hours when noise can occur from the club.   Furthermore, it will be prudent upon the clubs to develop ways to further abate the noise problem by creating barriers or baffles that absorb some of the disrupting sound.

The bottom line, however, is shooting clubs need to take actions that create more positive public relations.   Rather than fighting the problem with the “I was here first” mentality…it behooves the smart range operators to quickly accept that urban sprawl sooner or later will occur for most every club.   And when it does, dealing with the problem and taking the time to welcome the new neighbors might make big strides towards eliminating future conflicts.

If shooting clubs took the time to invite new occupants in the neighborhood to the range it might establish a different tone of tolerance that will last many years into the future.   I’m not saying it will happen in every instance, but if the club sponsored a neighborhood block party each year it could pay big dividends in reducing the level of angst some of these residents have toward the owners of the ranges.

History has shown that the Minnesota Senate has a knack for messing around with a good thing and attaching all sorts of amendments to dilute an otherwise good proposed law.   To follow actions on the bill click here.   As this legislative session begins to wind down in the next few weeks…I’m hoping this is one law that becomes enacted to protect those who like to plink much like similar laws now protect those who like to farm.

Shooting may not be a livelihood for most of us, but protecting our rights on the range is nevertheless equally as important for the future of our sport.   We’re losing enough good hunting land to homes being built where they don’t belong, at least in my opinion.   We surely don’t have to put up with losing our well-established gun ranges too.

FINAL THOUGHTS

I would be remiss if I didn’t at least mention some links to a current law suit involving a hunting and shooting club out in Virginia.   There is currently some high drama taking place with potential national implications for all of us.   Check out the story by reading more here, here and here.

© 2005 Jim Braaten.  All Rights Reserved.   No Reproduction without Prior Permission.