I’m speechless with this story:
PARKERSBURG – Wood County commissioners voted to continue a cease-and-desist order against the Sundowner Gun Range until the range complies with National Rifle Association regulations.
A previously issued 30-day cease-and-desist order for the Gihon Road business was set to expire Thursday.
….Following the executive session, commissioners voted to require the gun range to obtain an evaluation from the NRA Range Technical Team Advisers and are requiring a copy of the evaluation be provided to the county to prove compliance with the recommendations.
….According to the NRA, the NRA Range Technical Team is a nationwide network of volunteers trained in the field of shooting range development, design, and operations. Services provided by Range Technical Team Advisers include range planning assistance, range use and procedural evaluations, and range safety and design evaluations.
Wharton said there would be no further comment due to pending legal action.
The Sundowner Gun Range and its owner Kendall Richards earlier filed a civil action in U.S. District Court alleging the range and Richards were damaged by complaints from neighbors, and suffered economic loss after the original cease-and-desist order was issued by the county commission in December shutting down the range.
The civil action claims the owner’s Second Amendment rights to bear arms and First Amendment rights of free speech were violated by the commissioners.
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According to the complaint, Richards operates the private gun range for members’ use and the range is in compliance with West Virginia regulations including West Virginia Department of Natural Resources requirements for shooting ranges, and has been inspected by an NRA-certified instructor.
The legal action claims members of the gun range are “offered instruction with regard to safety and the proper use of their respective firearms prior to being admitted to use the range,” and states to date, there has not been a single legal claim made against the range for bodily or property injury occurring on the property.
It also notes “there has not been a single legal demand for damages made against the range for bodily or property injury.”
The civil action alleges the range falls within an exemption of the state code and is “immune from a nuisance suit.”