Anatomy Of Gun Range Neighbors

"Complainers change their complaints, but they never reduce the amount of time spent in complaining."  —Mason Cooley

Here we go again. Same old story. Same old lame complaints. The Monadnock Rod and Gun Club was established in 1947. This 65-year old club continues to do what it always has done: Operate shooting ranges.

Like any other Sporting Club, the amount and continuity of the sound of the shooting ambience, varies with time of season and number of events hosted at the club.In short, neighboring residents can reasonably expect to hear gunfire more during certain times of the year than other times of the year. And if they cannot live with that, then why on earth purchase a home in proximity to a shooting range?

The Keene Sentinel featured a story on July 11 entitled, Gun noise draws fire in Peterborough, where the story says, " Neighbors say they can no longer take their windows rattling and houses shaking from the noise of a nearby shooting range."

And, wouldn't you know it? Neighbors also claimed that stray bullets have landed in backyards. More on that issue later, but there is one constant that must always be looked at by Club leadership when these issues arise: Motive. What event, incentive or other issue might all of a sudden be driving this? Did somebody try to sell their house, only to have the sale tank when it was discovered the home was in its proximity to a shooting range?

Look what the Sentinel story had to say... “We have a real problem,” Janet Luongo, of 421 Old Jaffrey Road in Peterborough told the Sentinel. I would say she does have a problem...She moved to an area near a shooting range...Correct...her problem,  NOT the MRGC's...Simple mathematics and public records information gives us  insight within the nature of the problem.

According to widely available public records, Janet and Edward Luongo resided in New Ipswich until 2008. Records additionally indicate they were transpants from the Bay State, specifically, Pepperill Massachusetts until moving to the Granite State in 2005. In July of 2009 Edward and Janet purchased their home on Old Jaffrey Road,  built  in November of 2003. The home itself is in its' infancy in relation to the area.

According to a GIS Analysis, The Luongo's home is over 2,600 feet West of the Monadnock Rod and Gun Club...(yes...over a half mile) buffered by heavily forested lands. According to Risk Consultants, Inc., Gunfire, in proximity to a firearm discharge event, reaches upwards of 155 decibel thresholds at just 10 feet away. If one stands 50 feet away, the risk of hearing loss diminishes to roughly 85 decibels. A half mile from the source reduces that level to 30 decibels. (Human speech registers at 25-35 decibels and that little factoid does not take into account accoustic buffering such as forestation.)

"Some also worried about property values going down, and Peterborough getting a reputation for the noise," Claims the Sentinel piece. Do take notice, however, that no attribution is given to that little morsel...but there is your motival driver.   Neighbors also claimed that stray bullets have landed in backyards, but Club Board Chairman Mark Carbone stated in his letter that, "the club has looked into these claims and found no evidence that members were responsible." and with a wild guess, I can tell you why...As fate would have it, there tends to be a whole lot of Real Estate between Ranges and those who make such claims. Despite those who enter on land not controlled by the club,  for target practice purposes, clubs end up being the, "known quantity" and easy target for blame.

Resident Debby Kaiser asserted, “It’s about our quality of life,” Quality of Life...Ever take notice such nuanced references to quality of life are never balanced against the quality of life  for those who own firearms and go to Ranges? Not part of the equation.

Luongo then brings to the Select Board's attention that the Monadnock Community Early Learning Center (which has not been in that location for half as long as MRGC) is near the shooting range, and wondered if the club violates a federal law that does not allow a gun within 1,000 feet of a school. Selectmen said they would look into that. I can save them the trouble, though. (Passed in 1990)The Gun Free School Zones Act states in part:

"(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—   (i) on private property not part of school grounds; "

Let me restate what that says..."Subparagraph (A) does not apply to the discharge of a firearm on private property not part of school grounds... So there is that....

Bullets landing in yards. That faux issue is a real snoozer. Notice how none stepped up, giving his or her name as the victim of some wayward bullet landing in the yard? That is a favorite allegation within the liberal anti-gun cabral's repertoire of fictions to smear clubs and shape public opinion against them. It plays nicely in the lamestream media because nobody ever challenges the veracity of such a charge.

As President of a large club with active ranges, this little nasty accusation has been dropped in my lap more than a few times. Upon asking to see the projectile and the location of its finding, accusers end the conversation and that is the last we ever hear from them.

Reasonably establishing that the neighbors' motives might be less than pure, they should have sought some advice and counsel from a competant attorney on the subject matter, before looking like a bunch of whining schmucks crying in the laps of town selectmen. So what of all their complaining? Here's what....

RSA 159-B:1 Exemption. Notwithstanding the provisions of RSA 644:2, III(a) or any other law to the contrary, no person who owns, operates or uses a shooting range in this state shall be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution, provided that the owners of the range are in compliance with any applicable noise control ordinances in existence at the time the range was established, was constructed, or began operations.  

In a Nutshell Neighbors can file suits over noise pollution, but said suits will be dismissed. There are some who file suits for the nuisance value of doing so. So there is always this:

159-B:27 Cause of Action. -The owners of a shooting range shall have a right of action in superior court to enforce the provisions of this chapter.

Nobody asked any of these people to move there. They were not forced to purchase their homes and the Rod and Gun Club was there in place long before they probably ever heard of Peterborough.  Which brings us to this lovely little gem from Blackstones Commentaries:

If my neighbour makes a tan-yard, so as to annoy and render less salubrious the air of my house or gardens, the law will furnish me with a remedy; but if he is first in possession of the air, and I fix my habitation near him, the nuisance is of my own seeking, and must continue.— (Blackstone 1766: 402-403)

In simpler terms, we call this the doctrine of, "Coming to a nuisance." We see this principle in action in the case, Spur Industries v. Del E. Webb Development Co., 108 Ariz. 178, 494 P.2d 700 (1972). Even if the residents around MRGC could get the activities declared a nuisance and enjoin the club from operating,  we need only defer to "coming to a nuisance" doctrine, that prohibits equitable relief for a homeowner who purchases a home within the reach of the nuisance. The court in the Spur case stated that Webb would be required to  indemnify Spur for losses sustained as a result of a cessation of his business. The court reasoned that, whereas the "coming to a nuisance" doctrine usually bars relief, there was a public interest at play here, and Webb's choice to come to the nuisance could not preclude the public from being protected from the nuisance. Despite being declared a nuisance, (which many think is incorrect as a matter of law) Webb would pay big bucks to Spurr for the elimination of the nuisance.

Lastly, we need only look to Sara Realty, LLC. v. Country Pond Fish & Game Club, Inc., 158 N.H. 578 (2009) for guidance and precedent. Sara sought to have the Court issue injunctive relief prohibiting Country Pond “from engaging in and allowing any outdoor shooting activities until and unless . . . . [it] has implemented adequate noise control measures.” The court granted summary judgment in favor of Country Pond. [The Statute's Objective] the court wrote in Sara, "[I]s to assure that the state’s shooting ranges, which to a large degree came into existence in rural settings with rather little, or non-existent, noise regulations then in place, would not be eliminated or unduly endangered in their operations, because of encroaching development, accompanying noise-related private nuisance litigation, or increased regulatory oversight concerned with noise."

Sara raised the specter of the law being unconstitional, asserting that 159-B foreclosed the rights of redress and remedy to affected residents, to which the court responded,

"[While] it is true that RSA 159-B burdens landowners like Sara Realty by abridging their ability to seek relief, RSA 159-B, as applied here, nonetheless passes constitutional muster."

In conclusion, here we have yet another Rod and Gun Club under attack by whining neighbors whose claims, when examined under close scrutiny are dubious at best. And the town will send a letter...Oh dear, not a letter....A Letter? Seriously? written by none other than Joe Byck, an attorney. One would think he might polish up on this stuff...Looks a bit like pandering to me. We then have the hue and cry of the Gun Safe School Zone specter raised. I mean, come on, Lady! You might think we're a bunch of hicks or rednecks, but trust me when I tell you that this isn't our first dance with this issue. You shrill residents came to a nuisance....Time, medication and some counseling is your remedy. Live with it and leave the Club alone. As for imposing restrictions on what kind of firearms may or may not be used, I'd tell the neighbors to, "pound sand."

CROSS-POSTED AT GRANITE GROK

CRYBABIES

"My door is always open-bring me your problems." This is guaranteed to turn on every whiner, lackey and neurotic on the property.” —Robert F. Six

It's rarely ever a good idea to solely devote any kind of a blog entry to a person who has responded to an entry written, where that respondent or his or her comment is the central thesis. What the old adage? "Great minds discuss ideas; average minds discuss events; small minds discuss people..." I  like to follow that concept, but it gets exceedingly hard in the sphere of religion and politics. After all, ideas and events do not simply osmose into the realm of virtual communication, but are brought forth by people.

So we go about the business of writing our rants, posting our blogs in fact, often times intentionally being irksome about it. And we often post sometimes very serious ideas, we are challenged, condemned, called into question and disagreed with. That is the nature of this beast. 

One of the great treasures of the blogosphere is the ability to anonymously post ones comments. Also, one of the worst aspects of the blogosphere is the ability to anonymously post ones comments.  When I write, I use my real name, not some pseudonym. I am a real person with a real address and a real life. I am a "front page" blogger for New Hampshire Insider and another local blog. All my entries are mine. They are written, edited and submitted by me and nobody else. Therefore, I am responsible for the content in my entries and I don't hide in some "E"-corner with an anonymous identity or nickname. In other words, I wrote it and in doing so, I have an obligation to possess the cahones to claim its ownership. 

On the other hand, there are those who shamelessly, fecklessly and without conviction, take advantage of the ability to post limitlessly and endlessly without ever having to account for the character, truthfulness or veracity of own their comments. I possess no such luxury because my name is on this. While the blogger might elect to counter the point or response, it really isn't a fruitful dialog where the anonymous poster is not accountable for lies, distortions and other sundry charlatanries. There is the whole "civility bit." Personally, I don't delete posts for want of civility, name-calling or other gratuitous vitriol. But that "ain't" what we are talking about here.

In my time since being on NH Insider, I have deleted two people. One made a threats and the other insisted on  an endless stream of utter nonsense which was neither unkind nor impolite, it was  just useless nonsense. And frankly, I did not sign on to be the proving ground for anybody's medication adjustments. Its just not my thing.  That never ending, inane, white noise, bandwidth occupying "I did not take my medication today-style," gratuitous post.  And I still delete some of those individuals posts....from time to time....and I will likely continue to do so. See? I have a wife, kids, grandkids and a house... a life! Therefore I have no time to nor patience to suffer fools. So I don't. 

Censorship is what governments do, not bloggers. Censorship is what governments do to squelch ideas concepts and political speech that is a perceived threat to the given entity doing the censorship. How does one "censor" something on its face that most reasonable people grounded in reality find no value in reading. What if it has no has no redeeming value?  Basically, just being a useless pain in the ass pecking at a keyboard does not endow some freedom of speech when occupying the space of others.

Finally, why do we care one lick about some nameless faceless anonymous person, who, anonymous by personal choice, persists ad nauseum with often stupid, childish moronic comments that are so difficult to follow half the time, I'd rather watch paint dry? Why?  The Nashua Telegraph, Concord Monitor, Union Leader and many other interactive media sites moderate comments made yet no complaint is tendered?. More importantly, Boo-Hoo Hampster (Blue Hampshire) is lightening fast about deleting comments they don't like and "mum is the word" on them. I think there is some misguided notion that some out there hiding behind keyboards think they can cow us into keeping their comments up. 

It would appear on the face of it that, given the number useless comments still surviving, the case can hardly be made that we at NH Insider censor people. And freedom of speech isn't so infinite that the limits are non-existent, nor does it  mean I am duly required to host a forum for idiots to vent their spleens of useless B.S.

This is the stuff of crybabies and whiners. Those who need something to needlessly complain and protest. I knew something was going to come of this when Oprah retired. And besides, Can't the adults have a conversation without you children interrupting all the time?

SHORT BUS ECONOMICS

"Imagine a political system so radical as to promise to move more of the poorest 20% of the population into the richest 20% than remain in the poorest bracket within the decade? You don't need to imagine it. It's called the United States of America."  —Thomas Sowell

The collective voice of "Occupy Wall Street" has obtained a platform in the lame stream media with endless anti-capitalistic screed, along with various laundry lists of free stuff they demand the government give people. I am not even going to bother to list them because they have played out at such an ad nauseum level, it would be a waste of time and energy in this entry, given the epic number out there in blogger land. 

But the overarching thesis seems to suggest the obvious: These people advocate for a whole bunch of free stuff provided by the government. In wanting their free stuff from the government, they fail to connect the dots between how government gets its money to give them their free stuff and where that money comes from.  And where does the government get its money? yes, you and me....the taxpayers...But don't waste your time arguing that point with these people...while they squat on public property being a messy, dirty, loud, inane and obnoxious nuisance, take heart in the fact that cold weather is coming and these leftist social slackers will soon, if not immediately return to the shelters from wence they came. Late note on Victory Park in Manchester...More tents than people. 

CROSS-POSTED

The Myopic Lament Of Cut Budgets

Contemporarily, governments all over America, be they national, state, local or municipal, have come to recognize that spending is outpacing revenue. The 2010 elections were a message that we as a nation need to become more fiscally responsible and stop spending ourselves into bankruptcy. Consequently, budgets are being slashed, expenses trimmed and austere measures are being applied.

 And as expected there is a push back to not make such cuts. "Draconion...Incompassionate....theft" all are words used by those who refuse to detox from the heroine-like addiction  to public money.  But no matter what pejorative term such liberal big spenders choose when addressing budget cuts, few ever talk about the, "why" of budgets cuts other than to say the party in power does not care and lacks compassion. The common thread here is the same as it ever is: "Don't cut my budget, cut someone else's."  

 And the band plays on.  Yesterday Manchester Community Health Center's President and CEO Edward G. George laments in the Union Leader that Budget Cuts would do real harm to Manchester's needy. Mr. George goes on to detail why no cuts should be made that might result in less funding for his organization. Mr. George talks about the demographic of who his agency serves, but very little about exactly "what" they do.  Most would agree that providing some health service to the poor and needy is not only noble but a good thing to do. But Mr. George never once recognizes or acknowledges where the money came from in the first place, nor does he acknowledge that spending in general has gotten out of control.

Edward George is just yet another social whiner in the sea of many who carp and moan about implementation of austere measures for budgets. His is nothing more than the age-old myopic lament. Do I sound like I have no compassion? Some will probably say that. But I can't think about that right now. I have more important things to think about like where I am going to come up with the funds to pay for the rather expensive dental work I desperately need...one of those items insurance will not cover?  But I'll be damned if I will quietly watch my property taxes go up to pay for others, causing me to have less disposable income, making it harder for me to pay for that which insurance does not cover.

CROSS-POSTED

Some Peoples Kids!

I got a call last night from a worried dad.  Just six days ago he saw his son off to Fort Jackson, South Carolina for Army Basic Training.  "What do you think is happening to my son?" he asked.  Now, I am sorry if I come across as a bit insensitive (I'm not really sorry) but I admit I was slightly annoyed by the context of the phone call. This father was genuinely worried that something bad was happening to his son. He called me because only a week and a half ago, my son shipped off to Fort Benning Georgia, and also because I am a veteran, having served in the U.S. Marine Corps.  "My wife is out of her mind with worry...she's in tears." the concerned dad exclaimed.

 Oh Please! You have to be "frickin" kidding me! I do not at all understand this. My kid is in boot camp and I have not a worry in the world...In fact, I admit it...I am glad!  and I am entertained at the thought of Drill Sergeants getting in his face and screaming....I chuckle to think that he will soon be exhausted, wet, sore  and uncomfortable very soon, slogging through mud, water, smelly stuff while simulated chaos and mayhem erupt around him.

In 1983 I shipped off to Marine Corps Recruit Depot, Parris Island South Carolina. After in-processing, I spent a long hard 12 weeks as a recruit at Third Battalion, H Company.  The training was tough. It was beyond anything I had ever envisioned. Only those who have so endured it can relate to what I am saying.  As a result of that training, I endured being cold, wet, hungry, injured, bleeding, sore and just plain bummed out...But in the end, I had made it. And I had earned it.  I was now amongst the ranks of those who call themselves United States Marines.

 No. I am not insensitive at all...But don't ask me for sympathy for those undergoing recruit training in any branch of the armed services. Having "been there and done that" I am certain that with all of the difficulties of training comes some major character-building.  This country's youth desperately needs that as evidenced by these two softy parents that bother me with their worries.

 The United States Armed Forces are the finest in the World. We are an "all-volunteer" Military. today Nobody is ever forced through conscription to serve. To serve is an honor. With that honor comes the requirement of being tested. When one goes through basic training one is tested and the non-hackers are sent home. Parents who coddled their kids through life didn't do them any favors if they enter the Military.

 Word of advice: If your son or daughter is soon to ship off to basic training, be it Army, Navy, Airforce, Marines, or Coast Guard, and you have coddled your child, do us all a favor. Don't be wearing your anguish on your sleeve because people like me don't want to hear it. Besides, your child will be extremely well taken care of, despite the rigors of recruit training.  Instead, be proud that your kid made the biggest decision to stand up and be counted among those who are part of the worlds finest armed services.