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From West Virginia

1K views 10 replies 5 participants last post by  Mad Scientist 
#1 ·
PNTC Members and Customers,

We would like to thank each of you for being members and customers of PNTC and we look forward to your continued support and use of the complex. We cannot stress enough how much we appreciate and need your continued support.

We feel compelled inform our members and customers regarding a recent court ruling related to PNTC’s private customer information. Specifically, a resident of Virginia has filed a nuisance complaint against PNTC alleging that noise from operation of the shooting range is a nuisance, and therefore interferes with his property rights. This complaint was filed in Berkeley County Circuit Court and is before Circuit Court Judge Grey Silver, styled Ben and Diane Goldstein v. Peacemaker Properties, LLC and Peacemaker National Training Center, LLC, Civil Action No. 15-C-520. Court documents filed in the case are public record and may be reviewed through the Circuit Clerk’s office.

Although our legal team pointed out that Berkeley County, WV specifically exempts shooting ranges from their noise ordinance and prevents nuisance claims against shooting ranges, the complaint was filed and not dismissed by the court. You may also access the Berkeley County Noise Ordinance at this link:
http://www.berkeleycountycomm.org/docs/ ... rd0409.pdf

Despite numerous motions and requests to reconsider, and numerous mediation efforts with the plaintiff, the court has ordered PNTC to produce the below documents and other private records under a “Protective Order.” Under this order, the plaintiffs and their counsel are legally permitted to access the following information:

- All member files
- All waivers from any person who has accessed PNTC, to include all law enforcement, federal agency personnel, military personnel and foreign military personnel names
- All shooting competition files and lists
- All training information and lists
- All customer waivers
- Identities of all persons who have used PNTC ranges
- All ATF & NFA records (to include Forms 4473 and ATF bound book information)

Unfortunately, PNTC is unable to answer additional questions or comment on this matter at this time. Please know that we have done everything in our power to protect your private information, but we must comply with the court order.

Again, we look forward to seeing you soon and thank you for your support and understanding.

Thank You,


Cole McCulloch – President
Peacemaker National Training Center
 
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#2 ·
That royally sucks. Hopefully they will appeal the court's ruling to a higher court that has some sense.
 
#3 ·
- All member files
- All waivers from any person who has accessed PNTC, to include all law enforcement, federal agency personnel, military personnel and foreign military personnel names
- All shooting competition files and lists
- All training information and lists
- All customer waivers
- Identities of all persons who have used PNTC ranges
- All ATF & NFA records (to include Forms 4473 and ATF bound book information)

NONE of this information is even remotely connected to a 'noise violation' lawsuit.
 
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#5 ·
Having looked some into this:
*This noise/nuisance case has been active since at least 08/2016.
* Range (site of NRA Championships) has a GoFundMe page, currently $10,500.
* A Michael Goldstein (note name of plaintiff?) has succeeded in joining plaintiffs legal team via adhoc letter to court, and paying $350.00 to bar. Michael Goldstein is a State Supreme Court attorney from California. (found online)
* There is a blog or entry online from a Mr. West, member of NRA Board, who has taken "personal" interest in case as range owner is former USMC buddy, and, due to intimidating actions of plaintiffs per records grabbing, has vowed to push "silencer" legislation if this trivial case is not immediately dropped.
...

Just some things I found while investigating this post.
I know from "Texas" local ordinances I have come across...for an indoor or outdoor range to be immune from noise complaint during business hours, is most common. I believe it is also mentioned within "State" regulations I have parsed during CHL studies. I believe there is more to this story than simple noise...?
1shot
 
#6 ·
First thing i would do is ask who was there first, the range or the one who filed the complaint. If the range was there first case closed. If not then i would refer to ordinance that exempts them. Why are things so complicated? Oh yeah, lawyers.... I never understood people who buy or build a house next to some place that is noisy and then complain about it. I knew a guy who bought a house next to a Amtrak station, he knew it was there being it was pretty obvious. He went nuts because they idled engineS about 30 feet from his back door almost non stop. The only person i blamed was him for being stupid...yeah we don't talk anymore.
 
#7 ·
Has anyone looked up range address...done google maps or earth satellite view...see just what area looks like...saw on web while researching this place labeled by one as "largest on east coast " ?...cant picture NRA holding outdoor Championships in a neighborhood cul-de-sac....?
 
#8 · (Edited)
Range located at road text. I reduced map to show ONLY structure anywhere near Range. White building above Range with driveway thru trees. About a thousand feet away. Has to be the Goldsteins...unless they come and sit in parking lot and complain?
Tree Geological phenomenon Land lot


You should visit site. Cant join Range, but can sign up for waiting list. Tons of the events have "sold out" under them. There has to be more to this story.
 
#10 · (Edited)
Interstate Legal Attack on Range Leaves More Questions than Answers
Good link. With updates. You can read lawsuit. Yes, Goldsteins live within mile, right across border. Range built around 2010, many questioned planning, including Goldsteins. Owners...Promised in planning they would...keep noise levels to 60db (speech at 3 to 5 foot)...and published operating hours agreed to by locals. Per suit...level on Goldsteins property tests 94db (? fire horns, smoke detectors about 110 max..)...current hours of operation much different than original...? good read....including current comments bottom of page...
Range may have to do some changes ?
 
#11 ·
It sounds a lot like what the Charlotte Rifle and Pistol Club had to deal with. The club was established years ago in the middle of nowhere. Since then housing has sprung up and encroached on the club. Now people complain about the noise and have tried to shut the club down. Fortunately the court has told the complainers that they are SOL, the club with there first.
 
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