NOONDAY (TYLER MORNING TELEGRAPH) - A civil case pitting rural homeowners against a neighboring gun range will be heard by a three-judge panel next month.
A temporary injunction was granted on June 20
to prevent High Noon Gun Range in Noonday from operating until the
results of the trial determine the case. The hearing is scheduled for
8:30 a.m. Feb. 14 inside the first floor courtroom of the Cotton Belt
Building.
In the temporary injunction, District 241 Judge Jack Skeen deemed the range a danger to nearby residents.
Testimony
and observations by two range experts "provide further support for the
conclusion that the range presents a clear and present danger to the
community," the injunction read.
The
gun range is on County Road 1108 near Noonday. The range's 200-yard
rifle range is 300 yards from Summer Hill subdivision. More than 50
homes dot the countryside within 1,000 yards of the range. One home,
which belongs to a plaintiff in the case, David Ball, is 700 feet
downrange from rifle targets.
The subdivision was developed years ago before the range opened in January 2011.
Plaintiffs cite dangers from stray bullets, noise and property value losses as the reason for the suit.
In Texas, civil and even criminal law sides with gun range owners.
"A
government official may not seek civil or criminal penalty against
sport shooting ranges, businesses, private clubs or associations
operating in an area where firearms can be used for recreational, target
or self-defense, if no applicable noise ordinances, order or rules
exist," according to Texas Local Government Code.
Cities
can regulate noise within its limits, but the range lies within the
unincorporated area of the county, outside city jurisdictions where
regulation is very limited.
According
to state law, there are no restrictions on range construction beyond
the state's Health and Safety Code, which states, "An owner of an
outdoor shooting range shall construct and maintain the range according
to standards that are at least as stringent as the standards printed in
the National Rifle Association range manual."
But
a Texas Attorney General's opinion regarding the Health and Safety Code
statute determined it was "an invalid attempt to confer legislative
authority on a private entity" and was therefore unconstitutional.
Ball
and other plaintiffs have refused comment on the case. High Noon owner
Don Layton said he expects a favorable outcome if the judges consider
the law. The case could set a precedent for other rural gun ranges.
He
said he believes the plaintiffs have "dragged (the case) out" hoping
the range would fold from monetary losses. However, the National Rifle
Association has paid Layton's attorney fees.
Karl Artmire, co-owner of the 11-acre High Noon Shooting Range poses with his .22 caliber Winchester rifle at the rifle range. In the distance, the 100-yard targets can be seen to the right. (Jaime R. Carrero/Staff)
