Missouri Court Muzzles Gun Club Hours

1
Missouri Court Muzzles Gun Club Hours

• The Browns suit filed in January 2004 alleged
  that target shooting at the club from pistols,
  shotguns and high-powered rifles cause vibrations
  and bothersome noise at their home night and day.
  
• They contend firing ranges are less than 1,000
  yards from their home, making it difficult for
  them and their son to sleep and rendering their
  property "uncomfortable and impossible to enjoy."

2
Browns v. Cedar Creek Rod Gun Club

• A Boone County jury in a three-day civil trial
  last month (December, 2007) agreed with the
  lawsuit filed by Daniel and Donna Brown and
  decided the club should pay them 700,000 in
  damages.
• A judge temporarily has limited when firearms can
  be used at a gun club east of Columbia in a
  lawsuit filed by a husband and wife who contend
  that gunfire at the Cedar Creek Rod and Gun Club
  is a nuisance.
• The gun club plans to appeal the case.

3
Plaintiffs

• Daniel and Donna Brown filed a nuisance lawsuit
  against Cedar Creek Rod and Gun Club in January
  2004 alleging target shooting at the club caused
  vibrations and bothersome noise at their home
  night and day.
• Daniel Brown moved into the residence in August
  1984, the Browns petition said, and Donna Brown
  started living there in October 1996.

4
Plaintiffs

• Their 3,300-square-foot home is on 2½ acres in
  Boone County, separated from the gun club
  property by St. Charles Road.
• The Browns said in their suit they have made
  numerous complaints that started before the
  construction of the gun club, and they have made
  "numerous" phone calls to the sheriffs
  departments of Boone and Callaway counties.

5
Defendants

• The Cedar Creek Rod and Gun Club (120 members)
  occupies a 115-acre tract in Callaway County,
  just east of the Boone County line and south of
  St. Charles Road, which becomes Callaway County
  Road 276 at Cedar Creek. Owned by Ralph Gates of
  Columbia, the land is appraised at 182,310.
• The gun club is a not-for-profit that
  incorporated in March 1993

6
Temporary Injunction

• A temporary injunction issued by Judge Beetem
  limits when gunfire can occur at the club.
• The judge permitted shooting on six dates during
  a four-week period after the verdict.
• The final hours and date listed in the temporary
  injunction are noon to 6 p.m. Tuesday.

7
Permanent Injunction

• In a permanent injunction entered last month
  (April, 2008) by Special Judge Jon Beetem of Cole
  County, the gun club is allowed to operate trap
  and skeet fields three days a week and host as
  many as six special events a year.
• Shooting at the clubs trap and skeet fields is
  permitted on Tuesdays and Thursdays from noon to
  6 p.m. and Saturdays from 10 a.m. to 6 p.m.
• The club may also allow shooting on the fields
  one Sunday or Friday each month from noon to 5
  p.m. during months when a special event is not
  planned.

8
More re Permanent Injunction

• Full use of the facilities is permitted for as
  many as six special events per year during
  specific weekend hours, but a special event
  weekend must be preceded by and followed by a
  weekend of no shooting, according to the court
  order.
• No shooting is permitted on Easter Sunday,
  Thanksgiving or Christmas
• Shooting on all fields, ranges or other premises
  of the club south of the trap and skeet fields is
  permitted weekdays from noon to 6 p.m. on the
  condition that firearms are discharged in a
  direction away from the plaintiffs home.

9
Missouri House Bill 2034

• Would provide protection against civil and
  criminal liability to firing ranges and hunting
  reserves resulting from noise produced by
  shooting.
• The bills sponsor said the legislation was
  motivated by a lawsuit against a gun club east of
  Columbia
• The bill also would offer protection for nearly
  80 firing ranges operated by the Missouri
  Department of Conservation
• Rep. Brian Munzlinger, R-Williamstown
• "Unfortunately, any bill we pass cant be
  retroactive. We do need to protect our shooting
  ranges in our state for people to go out and
  learn the proper way to handle firearms."

10
Chapter 537.294 (effective 8/28/2008)

• All owners and authorized users of firearm ranges
  in existence on August 13, 1988, shall be
  immune from any criminal and civil liability
  arising out of or as a consequence of noise or
  sound emission resulting from the normal use of
  any such firearm range. 

11
Chapter 537.294 (effective 8/28/2008)

• Owners and users of such firearm ranges shall not
  be subject to any civil action in tort or subject
  to any action for public or private nuisance or
  trespass and no court in this state shall enjoin
  the use or operation of such firearm ranges on
  the basis of noise or sound emission resulting
  from the normal use of any such firearm range. 

12
Chapter 537.294 (effective 8/28/2008)

• Any actions by a court in this state to enjoin
  the use or operation of such firearm ranges and
  any damages awarded or imposed by a court, or
  assessed by a jury, in this state against any
  owner or user of such firearm ranges for nuisance
  or trespass are null and void.