Support the 1st Legal Challenge to the Range Protection Law

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One of our successes in the 2011 Texas Legislative Session was the passing of Senate Bill 766, the "Range Protection Law." You can read the text of the enrolled bill, as signed by Governor Perry on June 17, 2011, here. Texas CHL Forum members fought to get this important law passed: viewtopic.php?f=110&t=42485" onclick="window.open(this.href);return false; and viewtopic.php?f=110&t=45090" onclick="window.open(this.href);return false;.

A membership-only shooting club, North East Texas Tactical (NETT), was opened in July 2011 near Kaufman (in Kaufman County, about 25 miles southeast of Dallas) by Adam Morgan, a guy who's seen his share of active military duty and knows more than a thing or two about rifles and long-range marksmanship. NETT is an all-steel range that shoots at distances out to 1,500 yards, catering to the long-range tactical precision community.

And North East Texas Tactical is the first range having to fight for its legal right to exist and take its case to the state appellate court. The range was being expanded and improved when one anti-gun resident pressured Kaufman County into ordering it to cease operations.

Mind you, North East Texas Tactical broke not a single law or violated a single ordinance. The county's action against the range was the result of one complaint by one landowner who simply didn't want a shooting range anywhere near him, regardless of what Texas law says.

The case now goes to the Texas Court of Appeals. And it must be won!

The outcome of this case will affect every shooting range in Texas. If an unfavorable precedent in case law is set by the appellate court that flies in the face of SB 766, no shooting range will be safe from even trivial complaints. Any range can be shut down by a municipal or county government on a whim.

The outcome of this case is vital for our shooting community in the State of Texas.

But fighting a lawsuit first in District Court and then in the Court of Appeals is not cheap. And remember that NETT had a very short period of operation before Kaufman County shut them down. They invested a lot of money to build a great 1,500-yard range, clubhouse, and training facility. Then they had to keep reaching into their savings to fight the District Court case because most of the cash flow from the range was shut down.

North East Texas Tactical needs our help to win this case. And we need to make certain that they do win in appellate court.

Every dollar donated goes directly into the Texas Gun Range Litigation Fund to help fight this case and uphold the new Range Protection Law. Any amount you can spare--literally even a few bucks--can make a difference and help win this case.

Visit North East Texas Tactical's Website at http://www.northeasttexastactical.com for more information and to donate. Scroll to the bottom of the home page and click on the "Donate" button under the large, red heading, "Please Help Us Help Texas."

Alternatively, checks can be mailed to: North East Texas Tactical, 221 Reese Ct., Waxahachie, TX 75167.

I've ponied-up and sent 'em some money. The Forum has over 11,000 members now. If a lot of us will contribute even a small amount, it will go a long way to help make sure the new Range Protection Law is upheld in the Court of Appeals.

[Mike1951]

Nowhere do I see information on what happened in the District Court except for" Kaufman County ruled against the law in favor of some pretty comical "experts.""

it seems strange that the first we hear is when it's already at the appellate level.

I just think we're not hearing everything.

[The Annoyed Man]

I just put my money where my mouth is. $25.00 ain't much, but it's what I can give right now.

[Mike1951]

Found this brief mention from the Terrell Tribune:

Posted: Saturday, May 19, 2012 6:13 am

By Don Johnson | 0 comments

Residents around a rifle shooting range southwest of Terrell are cheering this week after District Judge B. Michael Chitty ruled in favor of a restraining order prohibiting its operation.

A trial for the case has been set for Aug. 16.

IANAL, but it sounds like the District Court trial hasn't happened yet, so why is their site talking about appellate level?

It appears to be the 422nd District Court.

Judge Chitty was appointed by Governor Rick Perry to the 422nd District Court when it was created in January, 2004 by the Texas Legislature. He ran successfully in for a four year term in November, 2004.

[Mike1951]

Quotes from AR15.com

Dillon45 [Member]

5/22/2012 4:48:43 PM

Hey Guys, Owner here for NETT. There are several issues I can clear up for you guys who are not sure what is going on.

We did open in July of last year, the suit was not brought until this month. We are "grandfathered" into the range protection law SB-766. My attorney wrote the law from the ground up so I can tell you that we are definitely covered by it. We have around 50 members who have shot out there so far but since I work overseas I was not able to be open every weekend.

You do not need to be open every day to be a gun range nor do you need to have dirt pushed. I do not know of a UKD/KD steel range in Texas that has berms behind every target. Although I will always be making improvements, they are not required by law. I keep adding safety measures because I want to, not because I have to. Texas requires that 20 people shoot in a calendar year for it to be considered a range, there is not a fixed firing line or dirt requirement. We have insurance and are completely compliant with the what the law requires.

The current restraining order prevents me from even working on the range. Being that everything I do is to make it safer, they are preventing me from building safety measures and then citing that the range is not safe. You see the catch there? If I try to make my range safer I go to jail.

All of the "planned" talk on Facebook is for people who are not already members. We are not taking any more members at the moment so just to keep things simple we worded it like that. We will not take more members than the facility can handle safely so that is also a factor. As we finish up some improvements we will be able to facilitate more members.

The website is purposely vague because the trial is set for August and the DA is looking on these forums and my website hard to try and twist some facts to use against us. Like I said in the snipershide thread, I posted it to raise awareness and get some people spun up about what is happening, not to get money from you. That same email went out to thousands of shooters all over Texas and they have really helped with the donations. We are going to kick this thing in the teeth.. Thanks for the support and I will try to update you guys when I have something good.

Dillon45 [Member]

5/28/2012 7:51:35 PM

This is a modified email I sent out to everyone on the mailing list. Took out all the donate jargon.

Just a quick update for you all who are following the case. A couple of days ago Kaufman county was put on notice; they were informed that we have gone over their heads even before the trial has started. At this point I am sure there is some sweating going on in the DA's office. Like I stated on our website, this is now at the appellate level where case law is written. This is the very first gun range case in Texas that has gone this far since the law was signed Sept. of last year. This is a HUGE deal for gun ranges all over Texas. If and when your gun range is attacked by the anti-gunners this case will now be referenced in court. Whether the case law is good or bad it will be referenced all the same. The NRA and TSRA are following this closely but do not have the spare funding available to do this by themselves.

I have everyone's email address who has donated and we are eternally grateful. You will not be forgotten when this is all over. We are looking at doing an Open Shoot Appreciation Event for those who helped us when we needed it most. Those of you who have been following us on Facebook know that we made the front page of the local Sunday paper. Thankfully the writer loves to shoot his pistol and it was not as one sided as the hearing. The neighbor is quoted as saying there is a neighborhood "just 3 miles down range." Most of you know that is a pretty silly statement considering the urban sprawl around DFW over the last several years. 3 miles is a VERY generous safety fan compared to most ranges in the area. It also states that the range is in a residential area, they don't specify that means there is only 1 house within 500yds. of the firing line. Most of the statements from the DA and neighbor seem to be purposely misleading.

It sounds like Charles may be his attorney.

[The Annoyed Man]

It sounds like Charles may be his attorney.

Then my donation was well spent, paltry as it is.

[Charles L. Cotton]

The temporary injunction has been appealed and there will still be a trial. It's a very complicated procedural posture.

Chas.

[Heartland Patriot]

How do we find out who brought this suit against the range? Not happy to hear about someone trying to shut down a range ANYWHERE in this state, much less in the DFW area. And, I really would like to know who the folks are that want to live in Texas, but don't like shooting ranges...seems kind of un-Texan to me, IMHO.

[AEA]

WHO are they?

[Charles L. Cotton]

The suit was filed by Kaufman County.

Chas.

[Heartland Patriot]

The suit was filed by Kaufman County.

Chas.

Yes, sir, I understand what you are saying. But who did they file it on behalf of? I know "the county" represents "the people", but someone specifically complained to get this thing going...that is who I'm curious about, and what their motivations might be. For a county to just up and do that to a range without someone prodding them would seem very strange. Let me guess, though, the county won't, or can't, say?

[Charles L. Cotton]

The suit was filed by Kaufman County.

Chas.

Yes, sir, I understand what you are saying. But who did they file it on behalf of? I know "the county" represents "the people", but someone specifically complained to get this thing going...that is who I'm curious about, and what their motivations might be. For a county to just up and do that to a range without someone prodding them would seem very strange. Let me guess, though, the county won't, or can't, say?

I don't know who complained; the suit was filed by and on behalf of Kaufman County, Texas.

Chas.

[Heartland Patriot]

The suit was filed by Kaufman County.

Chas.

Yes, sir, I understand what you are saying. But who did they file it on behalf of? I know "the county" represents "the people", but someone specifically complained to get this thing going...that is who I'm curious about, and what their motivations might be. For a county to just up and do that to a range without someone prodding them would seem very strange. Let me guess, though, the county won't, or can't, say?

I don't know who complained; the suit was filed by and on behalf of Kaufman County, Texas.

Chas.

Yes, sir, understood. I won't press further.

[suthdj]

Has anyone found an update on this yet?

[Charles L. Cotton]

Has anyone found an update on this yet?

We are waiting on a trial setting now. It should be within the next 3 to 4 months.

Chas.