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News Release
Reprint courtesy of
November 12, 2004
Gunning for gun clubs
Our Opinion
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With hunting season in full swing, we thought it'd be a good time to
look at an issue that has long languished in the Legislature and is sure
to come up in the next session: gun range protection.
Former city dwellers who have moved to the country have learned — GASP!
— there's a shooting range down the road. Some have filed nuisance suits
against the ranges, which, we'd point out, were there long before the
encroaching neighbors. Range owners have been trying to get legislation
through the Legislature in anticipation of more problems as formerly
rural areas become increasingly more suburban.
Frankly, we're no more sympathetic to people who want to shut down gun
ranges than we are to those who want to close smelly pig farms or
slaughterhouses. Just because an existing business shatters someone's
vision of country idyll doesn't mean it should be sent packing.
We thought DFL Rep. Rebecca Otto offered a good solution. She proposed
that homebuyers moving near gun ranges sign a disclosure statement
stating that they know who their neighbors are.
"It's a no-brainer," Otto said. "It's like moving next to a gravel pit."
We agree. Unfortunately, the real estate lobby managed to sideline this
sensible proposal. A gun range protection bill made it through the House
last session but never made it out of the Senate Judiciary Committee.
Fed up with the legislative process, range owners are hoping to reach
some sort of compromise with municipalities. Les Bensch, owner of the
Viking Valley Hunt Club in Ashby and one of the principal spokesmen for
range owners, will host representatives from the Minnesota Association
of Townships, the League of Minnesota Cities, and others later this
month. Among the topics they'll discuss is a noise standard for ranges.
"If someone files a nuisance suit, that's hard to fight," Bensch said.
"But a noise ordinance takes it out of the nuisance category and puts it
into the control category."
Bensch said range owners have developed a standard that holds noise to a
level lower than the state's industrial standard, which regulates
highways, heavy trucks and manufacturing plants.
Range owners also are proposing a set of operational standards based
upon the NRA Range Operation Handbook, a national standard. Under the
range owners' proposal, the DNR will fine-tune the regs for Minnesota.
Range owners also want protection from lawsuits as long as they're in
compliance with noise and operating standards. This could be a tough
sell.
"We have to modify this to make it palatable to both sides," Bensch
admitted. "We can do that. Will do that."
Having spoken to both sides, it's clear to us that the range owners and
municipalities aren't that far apart.
We'll be watching this one closely. Not because it's do-or-die
legislation for the state, but for what it will say about the climate in
a new Legislature that's nearly equally divided. If legislators can't
reach a compromise on a common-sense issue like this, we're in big
trouble when it comes to finding common ground on more contentious
issues, like education, transportation and the budget.
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