Skip to comments.Judge dismisses neighbors' lawsuit against owner of machine gun range(NC)
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.
Another anonymous firearm expert has a problem.
Yep, he’s been there since 1996 firing his guns and they are just now gettng around to sueing him?
The deck is growing by leaps and bounds.
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.
He’s a rootin’-tootin’, machine gun shootin’ gynecologist. What’s not to like about this guy?
Buy him out! One MILL-ion dollars....an acre before appeal, two million after.
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.
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.
I would be happy to have a neighbor that has the firepower to help ward off the Golden Horde, should the SHTF.
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?"
LOL. Post of the thread.
I'm right there with ya!
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.
I’d like to have him as my neighbor.
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.
I believe it is a very large part of why we have lost significant freedoms over the last 50 years.
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.
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.
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.