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Need a Lawyer - Neighbor trying to open outdoor pistol range


immamac

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I do not live inside of city limits, there is no deed restriction on the property in question against firearm discharge and he has a range set up now for CHL classes only and that happens every blue moon in a heavily supervised manner.

 

Now he wants to open up to the public and just have a bunch of randos shooting guns...this is at the "stunt ranch" out west of Austin, giving away my address by saying I'm adjacent to his property, but it's a culmination of issues. I don't trust the guy to be responsible and want to prevent any safety concerns from him not properly supervising and/or enforcing safety rules.

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Not a lawyer, didn't stay at a HIE either.  I did find this:

Quote

... Your range must comply with Environmental Protection Agency regulations, as well as those written by other agencies concerned with conservation and environmental issues. Specifically, shooting range noise limits, safety precautions and, importantly, the adverse impact of lead bullets on soil around outdoor shooting ranges are all topics that must be addressed when you draw up your range’s regulations. If you have no legal council or oversight on your shooting range business team, contact the National Rifle Association or the National Shooting Sports Foundation. ...

https://smallbusiness.chron.com/regulations-starting-shooting-range-10381.html

You could try contacting the EPA, NRA, NSSF and local law enforcement and ask them about the same issues that your neighbor must address.  I would think this would lead you to knowing how to check if your neighbor has done his due diligence or not and how to work the system if he hasn't. 

Another resource:

Quote

Below you will find references to Texas statutes that govern a local government's ability to regulate firearms and gun ranges.

http://guides.sll.texas.gov/gun-laws/local-regulation

Edited by bernorange
additional resource
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OK, this is a bit of a drastic move and does require some personal sacrifice. Buy 10 - 12 hogs. Locate the pen upwind of his range. Tell him the hogs go away when the range does. On the upside, no more range and you have a place to dispose of the body if he doesn't comply.

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41 minutes ago, bernorange said:

Not a lawyer, didn't stay at a HIE either.  I did find this:

https://smallbusiness.chron.com/regulations-starting-shooting-range-10381.html

You could try contacting the EPA, NRA, NSSF and local law enforcement and ask them about the same issues that your neighbor must address.  I would think this would lead you to knowing how to check if your neighbor has done his due diligence or not and how to work the system if he hasn't. 

Another resource:

http://guides.sll.texas.gov/gun-laws/local-regulation

This is a much better first option than filing a lawsuit.

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39 minutes ago, Dr Fear said:

I can't imagine Jester King is going to be happy about all that shooting with all the kids running around there.

Exactly my thoughts. I just want to be proactive and get it started

43 minutes ago, Mack Tripper said:

You should band together with any other neighbors and get a real estate litigator to file a TRO for nuisance etc. 

We are planning on doing this, but we need a litigator first. 

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The lege changed the laws on gun ranges a few years ago to make it almost impossible to sue a gun range for nuisance if your county doesn't have a noise ordinance. When you find a litigator, your first two questions should be whether your county has a noise ordinance and, if not, how can you get around that problem.

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OK, this is a bit of a drastic move and does require some personal sacrifice. Buy 10 - 12 hogs. Locate the pen upwind of his range. Tell him the hogs go away when the range does. On the upside, no more range and you have a place to dispose of the body if he doesn't comply.


You need at least sixteen pigs to finish the job in one sitting. They will go through a body that weighs 200 pounds in about eight minutes. That means that a single pig can consume two pounds of uncooked flesh every minute. Hence the expression, "as greedy as a pig".
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I hear Kevin Morgan has a good lawyer. In all seriousness, what is your objection to the range? It will most likely have hours of operation and it’s probably regulated as far as berms and distances and stuff. Is it just the noise? Or the really off chance of a stray bullet?

This is assuming it’s a properly set up and insured pistol range.

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5 minutes ago, Jkwellborn said:

I hear Kevin Morgan has a good lawyer. In all seriousness, what is your objection to the range? It will most likely have hours of operation and it’s probably regulated as far as berms and distances and stuff. Is it just the noise? Or the really off chance of a stray bullet?

This is assuming it’s a properly set up and insured pistol range.

It's 300ft from my property line, I have a dog that wanders sometimes because it's the country and who cares and yes, stray bullets that close to home are an issue.

 

If it was a skeet range I'd actually be more comfortable with it, this guy is shady AF and I don't trust him for shit. He constantly breaks the rules or pushes them to the very edge including making noise HOURS outside of pre-permitted activity. (for instance the alamo roadshow, he can play the movie and fireworks till 10PM regularly has shit going off at close to midnight or after)

Without giving away too much about where I live. I live basically NEXT to the stunt ranch and share a significant amount of fenceline with him and jester king.

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If it was a skeet range I'd actually be more comfortable with it, this guy is shady AF and I don't trust him for shit.
You know they shoot up in the air with skeet? From the windows do the walls.
You should know better than to let your dog wander on to other people's property.  That's 100% on you and that's a good way to get your dog killed.

Yeah, if your dog wanders off, you shouldn’t be surprised if it doesn’t come back. Doesn’t make it right but if you wanna keep him, better keep him on your place.
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this thread did not go like imma thought it would.  i'm with imma, fuck having a gun range open next door to me.  neighbor sounds like an asshole.  
I definitely thought I'd have one recommendation by now, the rest of the thread is pretty much how you have to expect it haha
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It's gaining quite a bit of steam with my neighbors and the adjacent businesses.

Steve Wolf really just is an asshat and this is kind of the last straw for a lot of people. The range is legal and inspected by DPS, but was set up under the premise that it was for private CHL classes only and led by an instructor and that's why the neighborhood didn't protest too hard (prior to me purchasing the property). He is always JUST inside what the law allows and often times in the grey area.

Now from what I assume from his awful reviews and all the shit everyone who has worked for him talks he's bleeding cash and just looking for any $$ he can get and that's when shit gets dangerous. He has been a real piece of work and fallen completely out of favor with all of our neighbors.

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I also think there is something in the law regarding there can't be a building within 100 or 150 feet of the property line on a neighboring property to have an outdoor shooting range and 300 feet when center fire ammo/guns are being used. Get out the measuring tape or build something 50 feet from the property line.

Edited by ShaggyBevo RIP
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