A right to live in peace

[gunpoliticsny]

A bunch of my neighbors don't get along. Several have ganged up on one guy who likes to shoot. He has a small range set up in his backyard. He does sometimes shoot at odd times, but never more than a box or so of ammo so it's not like he's making constant noise for a period of time.

His property is well past the 500' mark of the neighbor's houses. I gave him a copy of state law regarding club ranges and noise levels and there's no way there's an issue there. One of them has filed a claim in small claims town court for $3000 claiming he's violated his right to live in peace. Seriously, that's the claim. I know it's BS but I am curious if anyone else has seen something like this before.

 

[TEOTWAWKI inc.]

His peace is obviously infringing on their peace.

Liberty can't have double standards. Everyone enjoys it, or nobody does.

 

[Saltwater60]

They won’t win and it’s BS. You do not have a right to no noise before a certain time at night to a certain time in the morning. One box of ammo is a quick little shooting experience and seems like the guy is being nice by doing that. He should counter sue for harassment.

 

[kev74]

My club had a close call a couple of years ago. The town proposed a noise ordinance that would have shut us down. Luckily it was so oppressive, it didn't go anywhere.

 

[MikeM]

My town on Long Island bans leaf blowers etc. to certain hours of the day.

 

[Acer-m14]

does he have room for a dirt racing track ..

cars with open headers and motor bikes too ..

I'm still looking for that right to peace ..

 

[Acer-m14]

My town on Long Island bans leaf blowers etc. to certain hours of the day.

care to post there ordinance and times ..

with a comparison on road workers with jack hammers and other construction equip ..


LOL ..

 

[dsdmmat]

A bunch of my neighbors don't get along. Several have ganged up on one guy who likes to shoot. He has a small range set up in his backyard. He does sometimes shoot at odd times, but never more than a box or so of ammo so it's not like he's making constant noise for a period of time.

His property is well past the 500' mark of the neighbor's houses. I gave him a copy of state law regarding club ranges and noise levels and there's no way there's an issue there. One of them has filed a claim in small claims town court for $3000 claiming he's violated his right to live in peace. Seriously, that's the claim. I know it's BS but I am curious if anyone else has seen something like this before.

He should counter sue for harassment

 

[Darth]

They should invent a device that you screw on to the end of your barrel that dampens the report to a reasonable level. Sort of like a car muffler. Nobody could possibly be against something like that, unless they were stupid.

 

[Bigfoot]

I've heard of a thing called a "nuisance law"

I just looked it up...

Private Nuisance​

New York private nuisance is a tort that punishes interference with the use and enjoyment of land. The policy of nuisance is to prohibit annoying and disruptive conduct rather than to stop any one particular kind of act.

But I haven't ever heard of the live-in-peace angle before.

 

[tirwin1]

One wonders whether a conversation or two would have resolved the issue before going the legal route. But that would require people to act like adults which seems to be a very high bar to clear these days.

 

[Cavalry]

Unless there is a town noise ordinance they can piss off.
My property is in close proximity to a open to the public recreation venue. I have had issues in the past with the patrons calling for shots fired. LE shows up, usually being dickish, I tell them nicely to fuck off and we rinse and repeat.

If I was your neighbor I would take up a hobby of all things obnoxious. Anything two stroke with a pipe, vintage sirens and jet turbines.

 

[Deplorable Me]

I've heard of a thing called a "nuisance law"

I just looked it up...

Private Nuisance​

New York private nuisance is a tort that punishes interference with the use and enjoyment of land. The policy of nuisance is to prohibit annoying and disruptive conduct rather than to stop any one particular kind of act.

But I haven't ever heard of the live-in-peace angle before.

Sounds like he's up against a Karen. Karen's will never be happy.

Were police ever called over the noise issue? Police may have previously advised Karen that shooter was completely legal.

Of the small claims court issues I've experienced over the years you have to prove damages. Receipts, tangible evidence, not just an opinion of being offered. In small claims court you represent yourself. The Karen isn't supposed to show up with a lawyer.

No matter what, GO TO COURT! Do not miss the date or a judgment could be passed against you on general stupidity. If possible, see if the guy could get a neighbor who doesn't have a problem with the shooting to be there as a possible witness. Basically it's not a small claims court issue, don't underestimate an overreaching judge.

The common sense concept should apply afterwards. Shoot at reasonable hours. Don't escalate and buy a .50 BMG. Invite a friendly neighbor over to experience and enjoy.

 

[livingston]

I see a red flag complaint incoming ...

 

[FP1201]

An old Farmall with magneto ignition and a full tank of gasoline will run about ten hours... My SIL had an old Karen that was constantly making trouble: I parked it in their driveway, pulled the muffler and let it run all day... Karen didn't like it one fucking bit, but there was nothing she or the Cops could do about it.

 

[Steal2B]

Sounds like he's up against a Karen. Karen's will never be happy.

 

[Bigfoot]

I have been target shooting for the past 21 years on my friend's private property (farm country.) A family that moved into the area called the police on me. A deputy showed up and we talked for a little bit, he told me that I was not breaking any laws and that he will go talk to the person who complained.

I told the deputy that I have been shooting at this spot for (at the time) 17 years now and had never had a problem like this before. The deputy repeated that he will tell the person that no laws are being broken and then he complimented me on my backstop.

1 week later the same thing happened and it was the same deputy that responded. I could tell that he was a little perturbed this time as was I. At one point as we were talking we heard gunshots off in the distance (that's fairly common here.) I told the deputy that those people are just going to have to get used to it. They live in farm country and what did they expect when they moved here?

Anyways the deputy told those people once again that he checked things out and no laws are being broken. This time they must have got it because that was the last time.

IIRC I posted about this here when it happened.

Cool story bro...

 

[HIghlander]

Unless there is a town noise ordinance they can piss off.
My property is in close proximity to a open to the public recreation venue. I have had issues in the past with the patrons calling for shots fired. LE shows up, usually being dickish, I tell them nicely to fuck off and we rinse and repeat.

If I was your neighbor I would take up a hobby of all things obnoxious. Anything two stroke with a pipe, vintage sirens and jet turbines.

I would learn how to play Bagpipes just to piss him off.

 

[Beerman]

They won’t win and it’s BS. You do not have a right to no noise before a certain time at night to a certain time in the morning. One box of ammo is a quick little shooting experience and seems like the guy is being nice by doing that. He should counter sue for harassment.

It depends on the size of the box, perhaps.

 

[Cooolone]

Well, they don't like noise... I would buy a pair of DJ speakers and pump some music quote loudly, daily, within time constraints per local ordinance, etc...

I'd also put up a sign asking how you like them apples!

Fuck em'

They draw first blood, but lose the fight!

Then I'd turn the music off when shooting just to make sure they hear that distinctly!!!

Any additional action on their part would definitely cause retaliatory legal action on my part for their malfeasance!!!

Fuck em'

 

[dwa12479]

Sounds like its time for a few days of all day mag dumps. Shows them how bad it COULD be.

I have an uncle who's a machinist and made his own cast iron golf ball cannon. We were setting it off on the 4th of July some years ago, and a couple County Deputies showed up and said "we had some complaints of noise, whats up?" . My uncle goes, "come here, ill show ya" He touches the cannon off and the two cops watch this golf ball just vanish into the sky. He looks at my uncle, looks at the cannon, looks back at my uncle... and goes "Do that again!" LOL. They left with a promise to go tell the neighbor its the 4th of July, effing chill.

 

[Zerex]

The Town of Cicero has a noise ordinance..........The NYSATA and Bridgeport Trap Club, trap range, on Bull road in Cicero cannot shoot past dark, except by special permit for the big shoots., with 500+ shooters.

The ESTA drag strip is just 1/4 mile down the road from this Trap Club, and it too is regulated by the Town Noise Ordinance; racing is only on weekends generally, and hours are limited.

Dewitt and Fayetteville gun clubs have had running legal battles with homeowners, as does Camden.

Asswipes have claimed in the past, that bullets hit their homes, from gun clubs miles away.

I have a personal range on our farm 1000' from nearest home and in the woods.

I shoot sparingly there, and mostly when schools are in session.
I go to a gun range the rest of the time.

 

[Bruce_Sloane]

One only has the Right to Protect what they have the funds for.

 

[ManualF150]

One of a few ranges I belong to just had the town issue the range a fix-it ticket because of noise.

They had to do baffles and fencing.

At the cost of us members.

 

[Acer-m14]

Well, they don't like noise... I would buy a pair of DJ speakers and pump some music quote loudly, daily, within time constraints per local ordinance, etc...

big speakers .. big amp ...

hooked to the tv and play war movies ..

 

[spat]

Unless there is a town noise ordinance they can piss off.
My property is in close proximity to a open to the public recreation venue. I have had issues in the past with the patrons calling for shots fired. LE shows up, usually being dickish, I tell them nicely to fuck off and we rinse and repeat.

If I was your neighbor I would take up a hobby of all things obnoxious. Anything two stroke with a pipe, vintage sirens and jet turbines.

Have you seen the home built jet engine hobby ?

You can go the "hack up a turbocharger" route, or my personal favorite, the valveless pulsejet.

That one just needs some basic sheet metal skills.

Build 2 and strap them to a go-cart....

I hear it is very rewarding, and very very loud....

 

[Cavalry]

Have you seen the home built jet engine hobby ?

You can go the "hack up a turbocharger" route, or my personal favorite, the valveless pulsejet.

That one just needs some basic sheet metal skills.

Build 2 and strap them to a go-cart....

I hear it is very rewarding, and very very loud....

Yes, I have one with a turbo donated from a Cat 3116. Honestly, it was entertaining for about 3 runs and I never did anything with it again. I am thinking about making it into a burn barrel.

 

[OwnTheRide]

In small claims court you represent yourself.

To be clear, there is no rule barring lawyers. And if possible, he should bring one.

 

[spat]

To be clear, there is no rule barring lawyers. And if possible, he should bring one.

It's the stakes that really blocks the use of lawyers.

Hard to justify the bill to pay a lawyer to show up in court over something small enough to go to small claims.

 

[Deplorable Me]

To be clear, there is no rule barring lawyers. And if possible, he should bring one.

This may depend upon the jurisdiction. In a Rochester small claims court hearing years ago the defendant brought a lawyer "friend". Judge told attorney to sit down and shut up, this was small claims and this was the intent of small claims.