|
News & Information
Updated 4/15/2008 (Column)
Annual Capitol Gun Rights Rally
THE BATTLE TO SAVE CEDAR CREEK
A Range War has come to Missouri.
Attendance at this year's Annual Capitol Gun Rights Rally is extremely important!
The Range Protection Act, HB 2034, MUST be passed this year.
Since the anti-gunners have lost the battle on concealed-carry nationwide, and are losing the battle on the Castle Doctrine, they have changed tactics and are now trying to close firearms ranges by filing court suits against ranges for noise nuisance.
The range noise-nuisance case brought against Cedar Creek Rod and Gun Club in rural Callaway County has resulted in a $700,000 verdict against the Club and severely limited their hours of operation. As it stands now, Cedar Creek can only be open one Sunday a month, with curtailed hours on Tuesday, Thursday, and Saturday. The lawsuit could result in the closure of the Club.
If you can help fund the legal battle, information at Cedar Creek's website explains how to contribute to the Cedar Creek Legal Defense Fund:
You can read the actual Permanent Injunction and Judgment against Cedar Creek, as well as a summary of the case (written prior to the judgment by Mary Ann Gates), here:
If this verdict stands, anti-gun plaintiffs' lawyers everywhere will view gun clubs like ATM machines.
We must stop this type of anti-gun litigation by passing HB 2034 this year! Taking Tuesday, April 29 off work to come to the Capitol Rally (from 10 a.m. to noon) will help in a big way.
Full Rally details, including group transportation information, can be found at MissouriCarry's website:
Help spread the word! Download, print, and distribute the Rally Flyer:
How many people live within earshot of YOUR range/gun club?
Under current law, nearly anyone could file suit to stop you from shooting there, or greatly reduce the shooting hours.
Help Save Cedar Creek Rod and Gun Club.
Help save YOUR club or range!
Come to the Gun Rights Rally on April 29!
Be Safe,
Tim Oliver
15th Annual Gun Rights Rally
April 29, 2008 - 10 A.M. to NOON
State Capitol - First Floor Rotunda
Jefferson City, Missouri
RALLY FLYER
Please download, print, and distribute!
From the Columbia Daily Tribune...
|
www.showmenews.com/2008/Jan/20080112News005.asp
Judge muzzles gun club hours after verdict
By JOE MEYER of the Tribune’s staff
Published Saturday, January 12, 2008
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.
A Boone County jury in a three-day civil trial last month agreed with
the lawsuit filed by Daniel and Donna Brown and decided the club should
pay them $700,000 in damages.
Daniel Brown said he was satisfied with the verdict but referred
questions to his attorney.
Attorney Lou Leonatti, who represents the gun club, said the suit is far
from settled.
Lawyers for the 120-member club and for the Browns plan to argue about a
threatened permanent injunction during another yet-to-be scheduled
hearing in front of Judge Jon Beetem of Cole County. Beetem was
appointed by the Missouri Supreme Court to hear the case in Boone County
Circuit Court after Boone County judges recused themselves.
If Beetem enters a written final judgment against the gun club, Leonatti
plans to appeal.
The Cedar Creek Rod and Gun Club 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, according to
the Callaway County assessor’s office.
The club’s Web site describes it as a full-facility shotgun sports club
that features venues for shooting sports such as skeet and trap shooting
and sporting clay shooting. The club has hosted several shooting
competitions, including the Show-Me State Games and competitions
associated with the Boone County Fair.
The gun club is a not-for-profit that incorporated in March 1993,
according to court records.
Daniel Brown moved into his home at 12101 E. St. Charles Road in August
1984, the Browns’ petition said, and Donna Brown started living there in
October 1996. Their 3,300-square-foot home is on 2 1/2 acres in Boone
County, separated from the gun club property by St. Charles Road.
Gates, the club’s registered agent, said Thursday he has no plans to
close the facility. "The gun club is not going to close up, and I think
any other information you can get from our attorney."
Meanwhile, a temporary injunction issued by 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.
It is not clear what restrictions, if any, will exist after Tuesday, but
lawyers said they expect gunfire will be allowed only at particular
times if Beetem issues a permanent injunction with similar limitations.
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."
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 sheriff’s departments of Boone and
Callaway counties.
Tyler Breed, a St. Louis lawyer representing the Browns, said he
believes the judge "outlined a plan with limited hours of operation, and
I would expect that would happen ultimately" in a permanent injunction.
Leonatti said the gun club would file a motion for a new trial or seek
to lower the amount of damages after the injunction hearing. He said the
gun club plans to appeal the damage amount and possibly the permanent
injunction after the judge enters a final judgment.
"How the permanent court order ends up, we’ll have to take that to the
membership, and they’ll have to make a decision," Gates said.
Reach Joe Meyer at (573) 815-1718 or jmeyer@tribmail.com.
|
|
While this was a very bad turn of events, in a case that I have been
involved with since the beginning, it is not the final battle.
It is the first battle of a prolonged engagement.
The legal case has many actions yet to be taken: motions for a new
trial (along with several other motions) and appeals before it reaches
it's final resolution.
Want to do something to help?
Come on out one of the days the Club is open and shoot a round of
trap/skeet or sporting clays and give some words of encouragement to my
good friends and friends of the sport shooting family, Ralph and Mary
Ann Gates.
Here's the Club's web site:
www.cedarcreekrodandgunclub.com/
Be Safe,
Tim Oliver
Know The Law, BEFORE You Draw!
"Missouri Concealed-Carry and Self-Defense Law", the two-DVD set, is finally ready!
This video (2hr 49min) contains the vital legal information you need to know if you carry a gun for self defense.
Tim Oliver, of Learn To Carry, LLC, and Kevin Jamison, the well-known and highly-respected Second Amendment attorney and author of Missouri Weapons and Self Defense Law, have come together under Learn To Carry Productions, Ltd. to produce this valuable resource for Missouri license-to-carry instructors, permit holders, and gun owners.
The price for the MO LTC video (a two-DVD set) is $49.95 + $5 for shipping and handling. A combo pack which includes the MO LTC video plus Kevin Jamison's book, "Missouri Weapons and Self Defense Law," is $69.95 + $5 shipping and handling. (Purchases also include an added sales tax for Missouri residents.)
Get all the details at our new Learn To Carry Productions site, where you can also purchase the video online.
MissouriCarry.com helped sponsor this undertaking and will have books and DVDs for sale on their site. Gold and Silver Members will receive a special deal, just for being paid MoCarry members. Gold Members will get $5 off and free shipping, or Silver members get free shipping.
If you have questions, call me at 572-442-0337 or send me an email.
Be Safe,
Tim Oliver
LTC "No Guns, No Money" Cards
Feel free to download our Word documents for printing two-sided "No Guns, No Money" 3.5x2 inch business cards. (See the "License To Carry" table on the right for the links.)
The second Word document contains this additional message for the back of the cards...
which hopefully will further educate business owners and help alleviate their fears.
Be sure to purchase business card sheets compatible with templates 5371 or 8371. The card stock should be the type which will also allow printing on both the front and back sides of the cards (Avery's glossy will not, for instance).
|
|
Learn To Carry
| | |
|
License To Carry
| | |
|
The License-To-Carry Lawsuit
| | |
|
Other LTC Lawsuits
|
*Link opens in new window.
|
|