LaPorte County Gun Range under fire

[Badbjd]

I am looking for some information in the LaPorte County area. There is an proposal that is being prepared by the county attorney that will make it illegal to shoot a firearm of any type within 1000 feet of any subdivision boundary. I have a copy of the petition from county office but I am looking for the name of the range owner and/or the name of the range.

The petition was started by Arnold Bass and its in the Willow Springs Subdivision. The County Council has turned it over to the attorney for a proposal as of the July 1st meeting.

Any info please post or contact me at in02@comcast.net Thanks!

The Board meets the 1st Tuesday of the month at 6:00 pm and the 3rd Tuesday at 10:00 am, at the County Complex, meeting room #3. Special meeting may be called by any commissioner on 48 hour notice. Two commissioners comprise a quorum, as well as the necessary majority to pass an ordinance or resolution. Unanimous consent is required to pass an ordinance on the same day or at the same meeting at which it is introduced, except for amendments to zoning ordinances and ordinances of the county council for additional appropriations. Otherwise an ordinance requires two readings at two separate meetings. County commissioners may adopt their own rules of procedure that are in addition to those required by statute, such as requiring additional ordinance readings.

http://www.laportecounty.org/departments/commissioners/index.html

 

[JcJ]

WTF is with these people.. Move in and complain.. airports, race tracks, shooting ranges...:rolleyesedit: dipshits..

 

[Farmritch]

Check into it, I believe Gun ranges can be grandfathered
One ot the previous officers gave away a lot of our rights at our range a few years ago
There is protection in the Indiana constitution for shooting ranges as I undersatnd it

Farmritch

Not to mention farms being closed cause the metrosexuals move to the country for that country flavor but can't seem to stand the smell of that hog/chicken/dairy farm down the road so they file motions to shut them down

The whole problem with the world is PEOPLE!! I hate them , Kid's & old people

 

[Badbjd]

I would like to get this gentlemans contact info and talk to him to see how myself and my NRA Volunteers in this district can help him to protect his range. If anybody knows how to get a hold of him or even his name, address or phone number please let me know. The artical in LaPorte paper is below:

[FONT=ARIAL, SANS SERIF]Subdivision residents call for gunfire ban[/FONT]
[FONT=ARIAL, SANS SERIF]By Craig Davison

1-866-362-2167 Ext. 13865

cdavison@heraldargus.com

LA PORTE - A group of residents of a Coolspring Township subdivision petitioned the county Board of Commissioners on Tuesday night for a resolution to ban gunfire around populated areas.

Arnold Bass spoke to the board for residents of Willow Springs subdivision, off Johnson Road, about a nearby residence where they repeatedly hear gunfire.

Bass said that on Sunday neighbors heard gunfire for five hours. He said the La Porte County Sheriff's Office has been called to the residence at least three times, but the residence has a homemade target area so there is no county law being violated.

Bass and others want a new law that would make gunfire illegal within 1,000 feet of a subdivision. He turned over to the board a petition signed by 57 residents of the area.

The board turned the matter over to Robert Szilagyi, who will try to come up with an ordinance by the next board meeting. Szilagyi said he would have to investigate matters that might affect such an ordinance, like hunting.

Bass said it was a safety matter, not an issue with the right to bear arms.

"All the shooting in a densely populated area is an accident waiting to happen," he said.

The potential ordinance would be in effect for all subdivisions in the county.
[/FONT]

 

[Badbjd]

From what I hear this range has been approved by NRA Standards but I want to verify this. If this is the case then the safety concern is already addressed with no ordinance needed and the range should continue to operate.

 

[Scutter01]

From what I hear this range has been approved by NRA Standards but I want to verify this. If this is the case then the safety concern is already addressed with no ordinance needed and the range should continue to operate.

It's not a safety issue despite what the residents say. They just don't want to hear gunfire. That's obvious from reading the reports. They're using the safety angle as a boogey man to help get their stupid little ordinance passed. If they can't get that passed, they'll try for a noise ordinance next.

 

[ShadowHouse]

The full story is in "the news dispatch" just type in "willow springs"....it's me doing the shooting, on my property into 40,000 pounds of sand...Rhino and others have shot with me, I know what end goes bang. I think the reporter was fair as far as reporters go.

I'll type the letter here that the zoning commission sent me and my lawyers rebuttal to these individuals if anyone is interested.

 

[Episcopus]

The full story is in "the news dispatch" just type in "willow springs"....it's me doing the shooting, on my property into 40,000 pounds of sand...Rhino and others have shot with me, I know what end goes bang. I think the reporter was fair as far as reporters go.

I'll type the letter here that the zoning commission sent me and my lawyers rebuttal to the ass hats if anyone is interested.

I'm interested.

 

[ShadowHouse]

Attorneys at law 3340 Monroe St.,Suite 1
Gary J. Schoof LaPorte IN 46350
Robert C. Szilagyi 219-326-7774
ssd.law1@verizon.net
RE: SHOOTING RANGE

Dear Mr. Weiler:

This is to advise you that I represent the La Porte County Board of Zoning and Plan Commission. Both Boards have received complaints about a shooting range you are operating on your property at the above address. Pursuant to La Porte County Zoning Ordinance, a shooting range is prohibited in all areas except by variance or special exception. There is no record that you've made an application concerning your use of the range.

Normally, individuals who partake of target practice on their property on a very limited basis is not necessarily a concern. Unfortunate the regularity in which you use your range, it becomes ont theat must be concerned regarding the zoning requirements. If necessary, you need to make an application before the Zoning Board to operate the range; otherwise we will have to enjoin you and stop the same. Faliure to do so could lead to fines not to exceed $2500.00 per day, per violation plus any attorney fees incurred by the the County for the necessary enforcement action. Your prompt attention to this matter is appreciated. You need to contact Mr. Hamilton at the Building Commissioner's office at 1-219-326-6808 ext. 2418 for what steps you will need to take.

RCS/dd Sincerely,
Cc: Ray Hamilton Schoof & Szilagyi
Commissioners By: Robert C Szilagyi

 

[ShadowHouse]

Howes & Howes
717 Indiana Avenue
LaPorte Indiana 46350
219-326-7070

Mr. Robert C. Szilagyi, Esq.
Schoof, Szilagyi & Davis
3340 Monroe Street
Suite 1
LaPorte, Indiana 46350

RE: Bruce Weiler

Dear Mr. Szilagyi:

I am writing on behalf of Bruce Weiler with respect to your letter of September 9, 2008.
Mr. Weiler respectfully disputes that he is operating a shooting range as that term might be contemplated in the LaPorte County Master Plan. A shooting range is not defined in the LaPorte County Master Plan. The only reference to a shooting range that I can find is in the Table of Uses under the category "business uses-recreation". It is not unlawful for a person to engage in shooting in unincorperated parts of LaPorte County. Mr Weiler's shooting range is not open to the public and is for his personal use. Therefore, we respectfully disagree that he is in violation of anything and he has no intention of submitting himself to the Zoning Board since the activity he is engaged in is permitted.

Thank you for your attention to this matter.

Very Truly your,

Ralph F. Howes

rfh/r
CC: Bruce Weiler

 

[ShadowHouse]

They call the police everytime I shoot, which is only 2-3 times a month. The county has been out at least 8 times. I'm getting copies of the calls to the county sherriffs dept. for my address. I'll be sending certifide letters to those household letting them know that if they do not cease I will be pursuing harrasment charges on them.

I live on 4 acres, I've lived at that address for 6 years. I'm shooting away from the subdivision into 40,000 pnds of sand that has 7/10ths of a mile of nothing but dense woods behind it.

 

[kludge]

http://www.in.gov/legislative/ic/code/title14/ar22/ch31.5.pdf

IC 14-22-31.5
Chapter 31.5. Shooting Ranges

IC 14-22-31.5-1
"Local unit of government" defined
Sec. 1. As used in this chapter, "local unit of government" means a county, city, town, or township.
As added by P.L.134-1996, SEC.4.

IC 14-22-31.5-2
"Person" defined
Sec. 2. As used in this chapter, "person" means an individual, an association, a business entity, or a governmental entity.
As added by P.L.134-1996, SEC.4.

IC 14-22-31.5-3
"Shooting range" defined
Sec. 3. As used in this chapter, "shooting range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, muskets, or similar firearms that are fired at silhouettes, skeet, trap, paper, stillboard, or other similar targets.
As added by P.L.134-1996, SEC.4.

IC 14-22-31.5-4
Repealed
(Repealed by P.L.57-2002, SEC.1.)

IC 14-22-31.5-5
Local government regulation
Sec. 5. Except as specifically prohibited by this chapter, a local unit of government may regulate the location, use, operation, safety, and construction of a shooting range.
As added by P.L.134-1996, SEC.4.

IC 14-22-31.5-6
Liability relating to noise
Sec. 6. A person who owns, operates, or uses a shooting range is not liable in any civil or criminal matter relating to noise or noise pollution that results from the normal operation or use of the shooting range if the shooting range complies with a law or an ordinance that applied to the shooting range and its operation at the time of the construction or initial operation of the shooting range, if such a law or ordinance was in existence at the time of the construction or initial operation of the shooting range.
As added by P.L.134-1996, SEC.4.

IC 14-22-31.5-7
Powers of ranges in existence before July 1, 1996
Sec. 7. Notwithstanding any ordinance adopted by a local unit of government, a shooting range that is in existence before July 1, 1996, may do the following within the geographic boundaries of the shooting range as it existed on June 30, 1996:
(1) Repair, remodel, or reinforce a building or structure that is needed to ensure public safety or to secure the continued use of the building or structure.
(2) Reconstruct, repair, restore, or resume the use of a nonconforming building that has been damaged by fire, collapse, explosion, act of nature, or war after July 1, 1996. However, the reconstruction, repair, or restoration must be completed not more than one (1) year after the date of the damage to the building or the settlement of the property damage claim. If the reconstruction, repair, or restoration is not completed within one (1) year, the local unit of government may terminate the continuation of the nonconforming use.
(3) Expand or increase the membership of the shooting range or opportunities for public participation at the shooting range.
As added by P.L.134-1996, SEC.4.

 

[ShadowHouse]

So....is there enough there to make things difficult?

 

[melensdad]

It strikes me that you have been shooting at your shooting range since approximately 2002. The law gives protection to ranges that existed prior to July 1, 1996. So based on the laws cited above, your 'range' does qualify as a 'range' the question is can a practice that you have engaged in for the past 6 years be outlawed by a new ordnance regarding the 1000' perimeter proposal?

Just curious, how far are you from the subdivision?

4 acres is not very large, and 40,000# of sand is not very much and pretty easy to move with a tractor loader in a few hours, but IF part of your property is outside of the 1000' proposal then maybe you could move the shooting location to that point on your property? It would be sort of fun if they passed the new law and you simply moved your shooting station a couple hundred feet away onto another point of your property and continued shooting, perhaps with the muzzle facing the subdivision!!!

 

[singlestacksig]

i dont think just moving it will work..
if they pass 1000 feet why not 2K ?

your best bet is to fight it..
these people built outside of a city because they wanted cheaper taxes..
they have to relize that some stuff is noisy..

out side of towns is usally agricultural use.
safe & accurate use of firearms is part of agricultural use...

I own & manage forest land, part of my responsibility in that is the managment of critters that effect the forest.. if i can not have practice with a rifle it would be less safe for me to carry out that part of the job.

 

[kludge]

This kind of thing happened to Brownsburg Conservation Club... essentially the rifle range got shut down... the range existed before the zoning, therefore there was a non-conforming use, but was "grandfathered" becuase it was there first... what eventually happened, I think, I wish I knew somebody who knew for sure, was that the Club couldn't or wouldn't comply with the town's ever increasing demands for safety and they "terminated the continuance of the nonconforming use."

IIRC, nearby homeowners found a round on their property and the Club got the blame in all the media...

They went so far as to show the round that was "found" on the TV news... folks, it was a live, unspent cartridge. No matter, it was all they needed. I don't know how it all came down, but when I was a member there many years ago I hears somthing about a bullet getting out and killing a girl... but again... I don't know the actual events, I was a new member, and after college, I left for Ohio.

Good luck, perhaps your only chance is to have enough people in the town oppose it and who view the range as a community asset.

 

[Episcopus]

You have a good attorney. I like both him and his son.

 

[jeremy]

Once again this is why there should be a test of some kind to varify both someones right to vote and their right to move into the sticks......

 

[ShadowHouse]

The County replied to my Attorney, they said it was "okay" and "wouldn't pursue any action" as long as I kept to 2-3 days a month for a couple of hours.

So basically, keep doing exactly what you have been doing...we just wanted to see if you would be willing (or stupid enough) to apply for a permit so we could deny it. Instead you sought legal counsel and we don't want to go there at this time.

 

[melensdad]

The County replied to my Attorney, they said it was "okay" and "wouldn't pursue any action" as long as I kept to 2-3 days a month for a couple of hours.

So basically, keep doing exactly what you have been doing...we just wanted to see if you would be willing (or stupid enough) to apply for a permit so we could deny it. Instead you sought legal counsel and we don't want to go there at this time.

With that information in hand you should be able to pursue harassment charges of some sort against the few idiots who keep calling the sheriff on you when you should. That is presuming that the sheriff's cars even bother to show up again in the future. But if they do, and if they interrupt your shooting sessions in the future, then I think a counter-suit against those who accuse you is a legitimate defense.