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Judge dismisses neighbors' lawsuit against owner of machine gun range(NC)
charlotteobserver.com ^ | 14 February, 2012 | Gavin Off and Ames Alexander

Posted on 02/15/2012 6:25:06 AM PST by marktwain

A judge has dismissed a lawsuit by Union County residents who contend that a doctor has no legal right to fire machine guns on a homemade firing range near their properties.

Superior Court Judge Mark Klass has dismissed the case against Dr. Michael Land, according to Union County trial court coordinator Nevele Love. The judge made his decision Friday, the clerk's office said.

Kathy Patterson, one of the neighbors who filed the suit, said that while she's disappointed by the judge's decision, "without question, we'll appeal it."

Reached by phone Tuesday, Land said he expects the court order to be signed later this week or next and would not comment until then.

Paul deMontesquiou, the attorney representing roughly 40 Wesley Chapel homeowners who sued, said that while "rumors are flying around," he has received no official word about the judge's ruling.

Neighbors said that Land's gunfire made it hard for them to sell their homes, sleep soundly or hold Bible study sessions. The plaintiffs had sought an injunction to stop all shooting on Land's property.

Land's attorney, Tate Helms, said his client followed the law and had never been charged with a crime during his 20 years of shooting.

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 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.


TOPICS: Culture/Society; Government; News/Current Events; US: North Carolina
KEYWORDS: banglist; gun; nc; range
Another "move into an area, then impose their values on the long term residents" lawsuit.
1 posted on 02/15/2012 6:25:21 AM PST by marktwain
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To: marktwain
Another firearms expert hired by neighbors, however, found that the danger of stray bullets "poses an unacceptable safety hazard" to residents.

Another anonymous firearm expert has a problem.

2 posted on 02/15/2012 6:31:34 AM PST by <1/1,000,000th%
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To: marktwain

Yep, he’s been there since 1996 firing his guns and they are just now gettng around to sueing him?


3 posted on 02/15/2012 6:33:49 AM PST by caver (Obama: Home of the Whopper)
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To: marktwain
Now we have the new residents playing the Bible Study Card.

The deck is growing by leaps and bounds.

4 posted on 02/15/2012 6:41:29 AM PST by TYVets (Pure-Gas.org ..... ethanol free gasoline by state and city)
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To: TYVets

He should hit them back with - “Is your property zoned for church activities?”

We had a thread around here somewhere a while back where neighbors were trying to shut down a Bible Study Class because of the parked cars. I think it was in CA - what else would you expect.

They just shut Tiger Swann Down here in Cumberland County because of zoning - a gun school is not considered a “school” for zoning purposes.


5 posted on 02/15/2012 6:50:45 AM PST by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: caver

He’s a rootin’-tootin’, machine gun shootin’ gynecologist. What’s not to like about this guy?


6 posted on 02/15/2012 6:57:38 AM PST by pingman (Durn tootin'; I like Glock shootin'!)
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To: marktwain

Buy him out! One MILL-ion dollars....an acre before appeal, two million after.


7 posted on 02/15/2012 7:06:42 AM PST by DainBramage
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To: marktwain

Yep.


8 posted on 02/15/2012 7:13:58 AM PST by Dead Corpse (Steampunk- Yesterday's Tomorrow, Today)
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To: TYVets

Our church meets at Pioneer Living History Museum in far North Phoenix. The village is a replica of an 1890’s town. There are often Civil War re-inactors using the facilities on Sunday mornings. We endure cannon and musket fire. We’re also close to Ben Avery Shooting Range where we can hear the gunfire. It’s actually beautiful music to most of the congregations ears.

How silly to fear a noise.


9 posted on 02/15/2012 7:21:44 AM PST by stansblugrassgrl (PRAISE THE LORD AND PASS THE AMMUNITION!!! YEEEEEHAW!)
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To: marktwain

I’d be a little sore if I was holding a Bible study and my neighbor started shooting machine guns...and didn’t invite me over.


10 posted on 02/15/2012 7:33:29 AM PST by Rinnwald
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To: marktwain

I would be happy to have a neighbor that has the firepower to help ward off the Golden Horde, should the SHTF.


11 posted on 02/15/2012 7:41:46 AM PST by dynachrome ("Our forefathers didn't bury their guns. They buried those that tried to take them.")
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To: Rinnwald

Amen Brother.


12 posted on 02/15/2012 8:50:02 AM PST by wordsofearnest (Proper aim of giving is to put the recipient in a state where he no longer needs it. C.S. Lewis)
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To: marktwain
His business must be doing well. Feeding full-auto weapons ain't cheap.

I also see the law that requires a permit to own full-auto weapons is blatantly unconstitutional. The only question should be "can you afford it?"

13 posted on 02/15/2012 8:57:59 AM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: Rinnwald
I’d be a little sore if I was holding a Bible study and my neighbor started shooting machine guns...and didn’t invite me over.

LOL. Post of the thread.

I'm right there with ya!

14 posted on 02/15/2012 9:05:31 AM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: marktwain
The weapon, known as a "Tommy gun," can fire more than 700 rounds a minute.

Provided it has a 700 round magazine attached, or reconfigured for a belt feeding device.

Say, do .45 rounds come in a belt? Would be cool to carry them bandido like.

15 posted on 02/15/2012 9:11:48 AM PST by going hot (Happiness is a momma deuce)
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To: pingman

I’d like to have him as my neighbor.


16 posted on 02/15/2012 9:23:54 AM PST by caver (Obama: Home of the Whopper)
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To: marktwain
State law generally prohibits the use of fully automatic weapons

This is media-made-up bullshit. NC state law does NOT address the use of machine guns, only who may possess. And last December, a law went into effect providing for possession, requiring only the NFA tax stamp.

This kind of media disinformation propaganda is one part of why we are losing our rights.

17 posted on 02/15/2012 10:07:20 AM PST by backwoods-engineer (I will vote against ANY presidential candidate who had non-citizen parents.)
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To: backwoods-engineer
This kind of media disinformation propaganda is one part of why we are losing our rights.

I believe it is a very large part of why we have lost significant freedoms over the last 50 years.

18 posted on 02/15/2012 10:47:08 AM PST by marktwain
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To: marktwain
Another “move into an area, then impose their values on the long term residents” lawsuit.

That's been a real problem for us NC folks since the mid 80’s. Especially those that escape to the Carolina's from the northeast nightmares ( TAXES , Urban Crap ad nauseam & social issues ) . They have that “ Yankee “ mentality ( a “norm” for them ) which we find offensive, leftist and brutish. I don't think they actually realize that without changing your thought processes , through habitualy BAD voting practices , you end up turning OUR generational home of FREEDOM , self reliance , work ethics , etc,. into the same HELL that they tried to escape... it sickens me.
Snoot

19 posted on 02/15/2012 10:50:07 AM PST by snooter55 (People may doubt what you say, but they will always believe what you do)
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To: going hot
A little pricey at $175

http://www.westernstarleather.com/gun_leather.html

20 posted on 02/15/2012 10:52:16 AM PST by marktwain
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To: marktwain
Yeah a little pricy, especially if fed through a firearm. All that extra leather may gum up the action.

:-)

21 posted on 02/15/2012 11:55:55 AM PST by going hot (Happiness is a momma deuce)
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To: marktwain
Neighbors said that Land's gunfire made it hard for them to sell their homes,

No, that would be the fact that they paid height-of-the-bubble prices for their gimcrack McMansions, and now nobody wants them at any price.

... sleep soundly ...

Nobody's home during the day in those places but the odd Central American cleaning lady. (If a poor Salvadoran woman said the machine-gun fire triggered PTSD flashbacks, I'd be a little sympathetic.)

... or hold Bible study sessions.

Bwahahahahahaha!

22 posted on 02/17/2012 11:20:18 AM PST by Tax-chick (I saw a werewolf drinking a pina colada at Trader Vic's. His hair was perfect!)
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To: marktwain
My cousin used to live in the country outside of Ft. Myers . The Sunday I was there his neighbor had some buddies over and they were firing off their full autos as well as what sounded like a .50 cal. My cousin said that was the routine every Sunday......

When I asked him how the heck the guy could afford all that ammunition my cousin said he owned a meat packing plant and was quite well off.

23 posted on 02/17/2012 11:31:30 AM PST by Hot Tabasco (The only solution to this primary is a shoot out! Last person standing picks the candidate)
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To: marktwain
He began firing machine guns on the property around 1996, a few years before developers starting building Stonegate, a community of 260 homes nearby.

So his gun range existed and was in use BEFORE they built the surrounding homes...

Not only do they have NO say legally, they should be forced to pay all the legal and court costs incurred by the good doctor. This reminds me of idiots who move into the vicinity of an airport and then complain about the noise.
24 posted on 02/17/2012 11:44:58 AM PST by rottndog (Be Prepared for what's coming AFTER America....)
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