FOP 21 Range Closure Lenoir City TN
Posted: Wed Jun 10, 2009 10:19 amSeems TVA wants to close this range and the FOP has asked us to contact our reps to stop the closure. Seems some have moved in next to the gun range and are hearing gunfire.
The Honorable John J. Duncan
Dear Sir,
I am writing today about an act by TVA to close the FOP 21 Range located in Loudon County, TN near Lenoir City. I am asking you to contact TVA and tell them to leave this range open. The range is protected form silliness like this by TN Code 39-17-316 which I have attached below. This range is only a 50 yard range that is used by the Loudon County Sheriff Dept, Lenoir City Police Dept, and the 300 members of the FOP during daylight hours only. It is also gated to keep people out that are not police officers or members. It seems that some have moved into the area next to a gun range and are shocked to hear gunfire and are thinking hearing gunfire must mean it is a safety hazard. This range is a very safe range with high berms for backstops and on top of the berms are very high and thick trees to help with sound suppression. The "complaints" are not valid. This is just like moving in next to a race track and complaining about hearing engine noise. Please help stop this closure.
Thank you and I look foward to your response.
Sincerely
David Borum
5512 Ashbrook Lane
Maryville, TN 37801
Ph 865-856-5958
Cell 865-310-3270
E-mail: n24wheel@comcast.net
Tennessee Code Annotated § 39-17-316, as rewritten in 2004, now provides:
(a) As used in this section, unless the context otherwise requires:
(1) “Local unit of government” means a county, municipality, metropolitan government, or other entity of local government;
(2) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity; and
(3) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
(b)(1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation.
(2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation.
(3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section.
(4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(5) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
(c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties.
(d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, such range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation.
The Honorable John J. Duncan
Dear Sir,
I am writing today about an act by TVA to close the FOP 21 Range located in Loudon County, TN near Lenoir City. I am asking you to contact TVA and tell them to leave this range open. The range is protected form silliness like this by TN Code 39-17-316 which I have attached below. This range is only a 50 yard range that is used by the Loudon County Sheriff Dept, Lenoir City Police Dept, and the 300 members of the FOP during daylight hours only. It is also gated to keep people out that are not police officers or members. It seems that some have moved into the area next to a gun range and are shocked to hear gunfire and are thinking hearing gunfire must mean it is a safety hazard. This range is a very safe range with high berms for backstops and on top of the berms are very high and thick trees to help with sound suppression. The "complaints" are not valid. This is just like moving in next to a race track and complaining about hearing engine noise. Please help stop this closure.
Thank you and I look foward to your response.
Sincerely
David Borum
5512 Ashbrook Lane
Maryville, TN 37801
Ph 865-856-5958
Cell 865-310-3270
E-mail: n24wheel@comcast.net
Tennessee Code Annotated § 39-17-316, as rewritten in 2004, now provides:
(a) As used in this section, unless the context otherwise requires:
(1) “Local unit of government” means a county, municipality, metropolitan government, or other entity of local government;
(2) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity; and
(3) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
(b)(1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation.
(2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation.
(3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section.
(4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(5) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
(c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties.
(d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, such range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation.