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Neighbors file suit to stop machine-gun fire nearby

14K views 150 replies 74 participants last post by  imoutofideas  
#1 ·
#3 ·
"State law generally prohibits the use of fullyautomatic 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."

This is news to me. Can anyone comment on this?
 
#4 ·
"State law generally prohibits the use of fullyautomatic 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."

This is news to me. Can anyone comment on this?
Never heard of that one.

This guy posted on here earlier about this and his stupid neighbors complaining.

Here's the thread

http://carolinashootersforum.com/showthread.php?t=54591&highlight=range+suit

6/19/2009 a Judge ruled the range was legal, I guess they're still trying.
 
#6 ·
I guess it would suck to have a range next door to you from a noise perspective. Some days I get really tired of hearing crap blow up on Fort Bragg sitting in my living room. But, he was there first. Kind of like people that buy a house near train tracks and then get pissy because the train wakes them up.
 
#9 ·
I guess it would suck to have a range next door to you from a noise perspective. Some days I get really tired of hearing crap blow up on Fort Bragg sitting in my living room. But, he was there first. Kind of like people that buy a house near train tracks and then get pissy because the train wakes them up.
Exactly. I would understand if the neighborhood was there first and this guy was shooting up a storm, but he has owned the land since 1991. Not to mention he seems responsible based on the looks of his back stop and railroad ties. Ignorant people always seem to overreact when it comes to firearms, or anything that shoots a projectile for that matter. I had a neighbor once that called the cops on me for shooting a pellet gun. Said that I was endangering his children even though I was using a proper back stop and was not shooting into his yard.
 
#10 ·
"State law generally prohibits the use of fullyautomatic 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."

This is news to me. Can anyone comment on this?
Here you go.

14‑409. Machine guns and other like weapons.
(a) As used in this section, "machine gun" or "submachine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located. Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.
(c) Any person violating any of the provisions of this section shall be guilty of a Class I felony.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-409.html
 
#12 ·
Here you go.

14‑409. Machine guns and other like weapons.
(a) As used in this section, "machine gun" or "submachine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located. Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.
(c) Any person violating any of the provisions of this section shall be guilty of a Class I felony.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-409.html
According to this if he has a permit (which he does) there is no case, he doesnt have to justify it with defense of property.

i'd buy a house next to him as long as i got some free range time.
^^ this +1. A range in the neighborhood would be great, and keep the area safer. No burglars are gonna mess around in the neighborhood that shoots together.
 
#13 ·
I work with a guy that is friends with one of the people that is suing this guy. He said that these people try this every year and always lose. They built next to this guy in the late 90s knowing that he had his own range and were telling everyone that they were going to shut this guy down.

If you don't want to live next to a gun range, why would you built next to one???
 
#14 ·
"State law generally prohibits the use of fullyautomatic 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."

This is news to me. Can anyone comment on this?
On WSOC 9 news tonight they said he ran a jewelry business out of his home. The thing that annoyed me was that the story was sooooo slanted. They used a quote from a very young girl that stated that it sounded like bullets where whizzing past her window. At the end of the story they noted that the LEOs have stated he is NOT breaking the law. Channel 9 was clearly trying to imply that kids are at risk from this guy when they know it is false. I went to their website (Contact Us) and wrote them a letter complaining. You all should consider doing the same. I probably do not meet most of the qual for a fully auto weapon, but if I ever do, and have the property, I will be out there blasting away too!!!
 
#15 ·
I guess it would suck to have a range next door to you from a noise perspective. Some days I get really tired of hearing crap blow up on Fort Bragg sitting in my living room. But, he was there first. Kind of like people that buy a house near train tracks and then get pissy because the train wakes them up.
Or buy next to Charlotte Speedway and get pissed about a drag strip!!
 
#16 ·
These people have too much time and money. Leave the damn guy alone! If you don't like it, move, or better yet don't move in to begin with.
Thankfully he's a successful doctor and can afford to defend himself. I know last go around the NRA was chipping in to his legal fund, not a whole lot but sure better than nothing.
 
#17 ·
These people have too much time and money. Leave the damn guy alone! If you don't like it, move, or better yet don't move in to begin with.
Thankfully he's a successful doctor and can afford to defend himself. I know last go around the NRA was chipping in to his legal fund, not a whole lot but sure better than nothing.
You are right, take it one step further. How do you think this would play out if he were younger, not a doctor, and yes not white?
 
#18 ·
Would be nice if some shooters offered to buy said houses. That would shut them up. Will be putting in a nice range "down on the farm" (Anson co) this winter. Everyone shoots out that way and family owns both sides. Hunting preserve behind it-should have no problem unless the EPA gets into it for lead contamination. Could "mine" the lead to keep them at bay.
 
#20 ·
NPR had a slanted review of the story as well. They conveniently left out the part that he was legally able to own the firearm. They (the media) always make it seem like automatic weapons make bullets go faster and farther than semi-autos. Would they care as much if he was shooting non-NFA items? I just don't get it (shakes head in disgust).

I've talked about this idea with my wife. Some people that love to fly and own their airplanes live in airport neighborhoods. These are neighborhoods that have their own runways and each house has a "hangar" or the neighborhood has a community hangar. What if we could develop a shooting community with an outdoor range and an indoor pistol range? I always thought that would be a great idea. My thought was that crime in the neighborhood would always be low for some reason . . . . . .
 
#22 ·
NPR had a slanted review of the story as well. They conveniently left out the part that he was legally able to own the firearm. They (the media) always make it seem like automatic weapons make bullets go faster and farther than semi-autos. Would they care as much if he was shooting non-NFA items? I just don't get it (shakes head in disgust).

I've talked about this idea with my wife. Some people that love to fly and own their airplanes live in airport neighborhoods. These are neighborhoods that have their own runways and each house has a "hangar" or the neighborhood has a community hangar. What if we could develop a shooting community with an outdoor range and an indoor pistol range? I always thought that would be a great idea. My thought was that crime in the neighborhood would always be low for some reason . . . . . .
If you build it...they will come. Including me :001_cool:
 
#23 ·
This case is going to be an issue, for a lot of reasons. They are taking the position that he somehow skirted the NC statutes that do, in fact, attempt to bar MG ownership by normal old civvies. So there is going to be some NFA fallout on this one. And, if you noticed anything about the neighbors and their 'hood, its all McMansions, so pool a half dozen of those folks together and ol Doc better have some deep pockets to fight this one.

I am not sure this one is going to be good........only way it would be worse is if he lived in Meck Co.
 
#24 ·
Why haven't they gone after the real estate agents and developers who never disclosed that there was a range there in the first place?

And I have a real hard time believing he is shooting late enough for it to be during "sleeping hours". And why aren't we seeing all of these stray bullets that are such a problem?
 
#25 ·
I've talked about this idea with my wife. Some people that love to fly and own their airplanes live in airport neighborhoods. These are neighborhoods that have their own runways and each house has a "hangar" or the neighborhood has a community hangar. What if we could develop a shooting community with an outdoor range and an indoor pistol range? I always thought that would be a great idea. My thought was that crime in the neighborhood would always be low for some reason . . . . . .
Funny, I've dreamt of the same. You see a ton of neighborhoods with golf courses; Why not put all of that land to good use and make a world class shooting range including a 1000yd range?!

Why haven't they gone after the real estate agents and developers who never disclosed that there was a range there in the first place?

And I have a real hard time believing he is shooting late enough for it to be during "sleeping hours". And why aren't we seeing all of these stray bullets that are such a problem?
Both great points, especially the latter. But remember, these are obviously leftists who don't think logically.
 
#26 ·
Here you go.

14‑409. Machine guns and other like weapons.
(a) As used in this section, "machine gun" or "submachine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located. Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.
(c) Any person violating any of the provisions of this section shall be guilty of a Class I felony.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-409.html
The way that reads I would say the Marines, Navy, and Air Force are in violation as well.