Interesting NC Lawsuit

Discussion in 'Firearms' started by carly28043, Feb 8, 2012.


  1. carly28043

    carly28043 Monkey+

    Arguments heard in neighbors' suit against doctor's private firing range

    By Gavin Off and Ames Alexander
    Published in: Top Stories
    Related Stories


    Related Images

    [​IMG]
    <!-- /mi/pubsys/image_media/credit_line, format=>'[/mi/pubsys/image_media/credit_line]

    ', false_format=>'[/mi/pubsys/image_media/byline]

    ' -->[​IMG]
    <!-- /mi/pubsys/image_media/credit_line, format=>'[/mi/pubsys/image_media/credit_line]

    ', false_format=>'[/mi/pubsys/image_media/byline]

    ' -->

    <!-- hnews: body tag -->MONROE - A case that pits the rights of homeowners against the rights of gun owners now rests with a judge following a hearing Monday in which a machine-gun-toting doctor was portrayed first as a law-abiding citizen - and then as a disturber of the peace.
    The lawsuit was brought by about 40 Wesley Chapel residents, who contend that Dr. Michael Land has no legal right to fire fully automatic weapons on a homemade range near their properties.
    Seeking to dismiss the case, Land's attorney said the doctor has all the necessary permits to fire machine guns at his range - and that he is covered by a state law that protects longtime owners of gun ranges from encroaching development.
    At the end of the two-hour hearing, Superior Court Judge Mark Klass made no statements. His decision might take days or weeks, attorneys said.
    Paul deMontesquiou, the attorney representing homeowners, told the judge that Land's gunfire has made it hard for neighbors to sell their homes, sleep soundly or hold Bible study sessions.
    "I don't want to hurt him," deMontesquiou said. "I don't want to put him in jail. I don't want to get him fined. I want him to stop shooting these guns."
    The plaintiffs are seeking an injunction to stop all shooting on Land's property. They've asked for damages to compensate them for emotional distress and property-value reductions.
    Land's attorney, Tate Helms, said that his client has never been charged with a crime during his 20 years of shooting.
    "Dr. Land is in complete and absolute compliance under state and federal law," Helms said.
    Land, a gynecologist who practices in Matthews, has said that he has taken many precautions to make his range safe. To stop the bullets, he brought in dirt, sand and railroad ties to create a 12-foot-high berm.
    State law generally prohibits the use of fully automatic weapons, except among soldiers, law enforcement officers and merchants who need them for "the purpose of defending their business." The plaintiffs contend Land doesn't qualify for any of the exceptions.
    Land claimed he needed a Thompson submachine gun for "protection of business," according to a 2004 permit application approved by the Union County sheriff. The weapon, known as a "Tommy" gun, can fire more than 700 rounds a minute.
    In applications for other machine guns, Land said they were for sport and collection.
    Land said in depositions that he does not carry a machine gun to his practice, to the hospital or to his bedroom at night, deMontesquiou noted. No business is registered to the property where Land shoots his guns, deMontesquiou said.
    Land bought the six-acre tract in 1991 and later built a private, recreational shooting range on the back two-thirds of his property. He began firing machine guns on the property around 1996, a few years before developers starting building Stonegate, a community of 260 homes nearby.
    In recent years, many residents have complained that the machine-gun fire makes them worry about the safety of their families.
    A National Rifle Association official hired by Land concluded, after examining the safety berm, that the range is "no threat to the neighborhood."
    Another firearms expert hired by neighbors, however, found that the danger of stray bullets "poses an unacceptable safety hazard" to residents.

    Arguments heard in neighbors' suit against doctor's private firing range | CharlotteObserver.com & The Charlotte Observer Newspaper
     
  2. TnAndy

    TnAndy Senior Member Founding Member

    State law generally prohibits the use of fully automatic weapons, except among soldiers, law enforcement officers and merchants who need them for "the purpose of defending their business."

    IF that's accurate ( and let's face it, this IS a newspaper reporter), then they'll hang him on this, most likely.

    My response would be regular doses of semi auto fire day and night, and especially during Bible study hours.

    Amazing how folks will buy a place in a rural area and expect the folks that live around them, that have been there for generations in many cases, to conform to the FNG on the block's idea of how things ought to be.

    I call it the "Back up in (insert whatever overtaxed, overpopulated, overpriced, over regulated Yankee hellhole you came from here)" syndrome. They moved to escape the freaking paradise they used to live in, and proceed to want to convert here to just like what they left.

    The US Forest Service has two gun ranges here, out in the woods. One of them, located just off a county hwy ( but the backstop is a whole mountain ), the USFS did a land trade, and the former forest property on the other side of the road was sold to developers, and turned into house lots. SO what did the new owners do ? Same as the folks in the article above.....immediately began B!tching about "all that gunfire across the road.....safety....the children.....We-didn't-have-this-back-in-(insert Yankee Hellhole here)" Hasn't closed yet, but I look for it too.

    Neighbor of mine moved his MIL into a house down the road from me....she's from, and I'm just gonna go ahead and say it.....OHIO. SO, one day a buddy of mine are out trying his new hand cannon....S&W 50cal ( wonderfully ridiculous pc of hardware...he had to have a walking stick to prop the fool thing on to hit anything ), and I was popping off a few mags of AR, when two county cops cars roll up to my gate....yeah....Mommie-in-law called 911 to report a "war in progress"...ahahahahaa....I asked the deputies if they wanted to join in, but they said they had other calls....maybe another time.
     
  3. carly28043

    carly28043 Monkey+

    A few years ago the same thing happened to a drag strip in the same area. The drag strip had been there for over 50 years. A few ritzy developments later and the complaints started. The county wouldn't do anything so Charlotte annexed the area and shut it down because it was louder than their noise regulations allowed.
     
  4. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Always a way to shut someone down... farmers have been limited on land use by environmentalists and neighbors who move in but don't like the smell from theior farming operations... they "moved to the country for clean air" but can't getany because of the animal smells in the area....


    there outa be a law...
     
  5. Espada

    Espada Monkey+

    Entire airports have been shut down because they were located way out in the country, and then developers subdivided the unzoned land nearby... "FNG's" as TnAndy so aptly and accurately called them, come in and whine about the noise they volunteered to move next to.
     
    Guit_fishN likes this.
  6. Redneck Rebel

    Redneck Rebel Monkey++

    I've seen similar around here. Folks moved in and built homes near a quarry knowing full well the explosives shake the ground for miles, or move in next to a long existing race track and then cry about the roar of engines... I mean come on now, the land was cheap because of those very reasons and now you want to whine and sue about it.
     
    Seawolf1090 likes this.
  7. hot diggity

    hot diggity Monkey++

    I don't think the good doctor has much to worry about. Here's why:

    Chapter 14 - Article 53C

    Funny, the only thing we do before we shoot machineguns is call the Sheriff and let him know we'll be doing it. It's just a courtesy, so when he gets calls from folks reporting MG fire, he can just say, "Yes, we know. Have a nice day."

    Damn Yankee's!

    HD
     
    tacmotusn and STANGF150 like this.
  8. Seawolf1090

    Seawolf1090 Adventure Riding Monkey Founding Member

    Yep, had some rough times at our local National lForest Shooting Range. A few years back, I learned the 'horse heads' put a danged riding TRAIL right behind our longtime (decades in that spot!) range! Sometimes bicyclers and dirt bikers use it too.

    Imagine our surprise when one fine afternoon, TWENTYONE horses (with their libtarded riders) come riding from the left PAST the range (not really in line of fire but close enough!), and proceeded to ride right across our range on their way to our front gate! I heard one quivering voice say, "BOB, why do those men have.... GUNS?"
    'BOB' led them right ONTO the active shooting range! Yeah, we went COLD real quick when we saw the idiots...... So we don't have a sign BEHIND the range........ they sure heard the shooting as they approached it!

    The Horsey People have a huge riding area covering a few hundred acres well away in a safe area, plus many many miles of dirt roads with little trraffic. I think buddy BOB was being a PRICK.
     
    tacmotusn likes this.
  9. chelloveck

    chelloveck Diabolus Causidicus

    The trouble with Bob.

    Did Bob's horsey mates not notice that Bob was wearing body armour, and a kevlar helmet instead of his usual riding helmet??? : S
     
    tulianr likes this.
  10. Redneck Rebel

    Redneck Rebel Monkey++

    The horse people and the gun people tend to be one and the same around here.
     
  11. oldawg

    oldawg Monkey+++

    My local range is currently involved in a lawsuit brought by idiots that moved in knowing it was there and with intentions up front of closing them down.Sometimes I think the doc don't wanna tell me "you got three days to live".Seems my list just gets longer.
     
    Sapper John and tacmotusn like this.
  12. tacmotusn

    tacmotusn Mosquito Sailor

    Yup. when you have absolutely nothing left to lose, you might just consider settling a few accounts. Maybe ......
     
  13. jim2

    jim2 Monkey+++

    I don't consider realtors to be any better on the slime scale than lawyers.
    jim
     
  14. hammer502

    hammer502 Monkey+

    iirc the law in NC changed in december of last year. although,it was as stated up until that point. the new law was under hb650 if memory serves me correctly.
     
  15. hot diggity

    hot diggity Monkey++

    This HB650?

    http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v5.pdf

    I gave it another quick scan and didn't see any mention of shooting ranges. It deals with CCW, self defense, purchasing and posessing a firearm. (I especially like the definition of a "Home...including a tent..."

    I read that he's actually firing away from the residential area and school.

    He was there first. They didn't have to move there. End of discussion.

    HD
     
    oldawg likes this.
  16. simbachui

    simbachui Monkey

    Dr Land Lawsuit

    Judge Klass has dismissed the lawsuit against dr. Land and his firing range.
     
survivalmonkey SSL seal        survivalmonkey.com warrant canary
17282WuJHksJ9798f34razfKbPATqTq9E7