Haywood County Commissioners Are At It Again

The Haywood County (NC) Commissioners are at it again. They must have thought people would be mollified by their tabling of the carry restrictions on county property - some of which were illegal - so they have decided to bring up their proposal to regulate "commercial" outdoor shooting ranges.

As I noted in an earlier post, the range of the Haywood County Sheriff's Department would not meet the standards that the commissioners seem that they can require of "commercial" ranges. This range is also used by the Maggie Valley PD and the Canton PD. I'm not sure where the Clyde PD does their qualifications.

The Waynesville PD uses the Waynesville Police Association range off of Howell Mill Road in Waynesville. This range would most definitely fail the new standards if it was applied to them. My former residence was approximately a mere 100 feet beyond the distance required from the range to an occupied building. Many of my former neighbors would not be so lucky. Moreover, this range fails the 300 foot property line setback requirement.

I find it the height of hypocrisy to require a "commercial" range to jump through multiple hoops that the county by ordinance would exempt themselves from. As the alert from Grass Roots North Carolina makes clear, if you have a backyard private range and you allow a concealed carry instructor to use it, it becomes a "commercial" range. Likewise, if you sponsored an Appleseed shoot, it would become a "commercial" range.

If you live in Haywood County or WNC, if you travel or vacation in Haywood County, or if you just want to express your outrage at the commissioners' hypocrisy, please read the GRNC alert below and act on it.

VOTE MONDAY COULD RESTRICT RIGHT TO SHOOT ON PRIVATE PROPERTY

A public hearing will be held at 5:30 p.m. Monday, April 18th in the Haywood County Courtroom of the Historic Courthouse. In late March, the board took comment on restrictions on display and carry of firearms on county property and on a second ordinance restricting “commercial” shooting ranges. In what might be a deliberate distraction by what many now see as the “Haywood County Board of Dictators,” however, it appears that the restrictions on display and carry – which drew outrage from hundreds of citizens – might have been intended to let the commission slip through, with minimal opposition, restrictions to shooting on private property.  THE FEINT? Although the proposed ban on display and carry of firearms Haywood County property appears to have been removed from their website, you can see it at http://bit.ly/1RA6x1U. In response to withering opposition, the county seemed to blink in a March 31 press release saying the ordinance would not be voted on during their April 4 meeting. Interestingly, the item has not been returned to the agenda for the April 18 meeting. GRNC President Paul Valone spoke against the proposal at a meeting attended by more than 400 GRNC members and county residents who uniformly opposed it. You can view his remarks in this YouTube Video. Although the Haywood County manager attempted to justify the ban by claiming it had been on the books since 1995 and that the county was simply trying to comply with recent changes to the law, in truth their proposal would unlawfully ban concealed carry throughout Allen’s Creek Park. Rather than justifying prohibitions on lawful citizens protecting themselves against criminals and terrorists, Haywood County should join 12 other North Carolina counties which have recently removed such restrictions on county property. In a recent editorial, Robert A. Lovingood, Vice Chair of the San Bernardino County Board of Supervisors, responded to the horrific acts of terrorism in his county by advocating that selected County employees and concealed handgun permit holders be allowed to carry on county property. Rather than sticking their heads in the sand, Haywood County commissioners should be looking to harden soft targets which are vulnerable to both criminals and terrorists. THE REAL POWER GRAB? The County Commissioners will vote Monday on an ordinance to define and restrict “commercial” outdoor shooting ranges. Unfortunately, if a private property owner were to build even a rudimentary structure for shooting on his property and then hired a concealed handgun instructor to conduct a class on the property for his family -- even once -- that property would become a “commercial shooting range”, requiring him to first obtain a permit from the county. Say you and a few friends just share the cost of a private club? Fuggedaboutit. No exceptions are made for private clubs. If shooting takes place and money changes hands, you are the proud owner of a “commercial outdoor shooting range.” As the owner of a “commercial” range, you would be subject to onerous restrictions, including requirements that shooting stations and targets be more than 300 feet from property lines and ¼ mile from occupied buildings. You would have to build 6 foot fences, post warning signs, store firearms and ammunition per BATFE regulations, and restrict shooting to within stipulated daylight hours. And if you liked those, you’re going to love this one, straight out of the proposed commercial range ordinance: “Liability insurance. The permitee [sic] shall be required to carry a minimum of two million dollars ($2,000,000.00 - USA) per occurrence of liability insurance. Such insurance shall name Haywood County as an additional insured party and shall save and hold Haywood County, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group's members or employees or third parties on the account of any property damage, personal injury, or wrongful death arising out of the acts or omissions of the permittee, his/her group, club, or its agents or representatives.”

IMMEDIATE ACTION REQUIRED!
EMAIL & CALL THE HAYWOOD COUNTY COMMISSIONERS. Urge them to vote against the gun-ban ordinance. Below, find a copy/paste email list, and under 'Deliver This Message,' you'll find a copy/paste email message to send.  EMAIL CONTACT INFO County Commissioners copy/paste email list:  markswanger@bellsouth.net; kirk@jwklaw.net; lkensley@bellsouth.net; sorrells@cbvnol.com; billupton@bellsouth.net PHONE INFO MARK S. SWANGER, Chairman                                    Phone: 828-627-6109 (h) Cell: 828-507-2315 J. W. “KIRK” KIRKPATRICK, III, Vice Chairman        Phone: 828-452-0801 (w) Fax: 828-452-1861 L. KEVIN ENSLEY, Commissioner                                                           Phone: 828-627-3765 (h) Cell: 828-734-8713 MICHAEL T. SORRELLS, Commissioner                                           Phone: 828-926-9549 (h) Cell: 828-506-2174 BILL L. UPTON, Commissioner                               Phone: 828-648-7469 Cell: 507-2129 ATTEND THE COUNTY COMMISSION MEETING THIS MONDAY, APRIL 18. Join GRNC President F. Paul Valone at this critical event. See details below:  WHEN:  Monday, April 18, 2016 5:30 PM WHERE: Historic Courthouse Haywood County Courtroom 215 N. Main St. Waynesville, NC HINTS: Dress for the press! Please no offensive signs, slogans or clothing. Be sure to arrive early, as seating may be limited.
DELIVER THIS MESSAGE
Haywood County Commissioners: I am outraged by what is either a deception or a two front power grab being perpetrated by the commission. First, you tried to restrict concealed carry in Allen’s Creek Park in violation of state law. And although other restrictions on County property might be permissible, creating “victim disarmament zones” invariably leads to predation of the lawful citizens by criminals, sociopaths, and terrorists.  Rather than justifying prohibitions on lawful citizens protecting themselves against criminals and terrorists, Haywood County should join 12 other North Carolina counties which have recently removed such restrictions on county property. In a recent editorial, Robert A. Lovingood, Vice Chair of the San Bernardino County Board of Supervisors, responded to the horrific acts of terrorism in his county by advocating that selected county employees and concealed handgun permit holders be allowed to carry on county property. Rather than sticking their heads in the sand, Haywood County commissioners should be looking to harden soft targets which are vulnerable to both criminals and terrorists.  But now that proposal appears to be at least temporarily shelved in favor of onerous restrictions which could prohibit private property owners from shooting on their land. Under this proposal, if a private property owner were to build even a rudimentary structure for shooting on his property and then hired a concealed handgun instructor to conduct a class on the property for his family -- even once -- that property would become a “commercial shooting range”, requiring him to first obtain a permit from the county.  As the owner of a “commercial” range, he would be subject to onerous restrictions, including requirements that shooting stations and targets be more than 300 feet from property lines and ¼ mile from occupied buildings. He would have to build 6 foot fences, post warning signs, store firearms and ammunition per BATFE regulations, restrict shooting to within stipulated daylight hours, and pay for $2 million in liability insurance that would indemnify you!  I demand you immediately shelf this commercial range proposal, and I will be monitoring your actions through Grass Roots North Carolina alerts.  Respectfully,

Haywood County Commissioners Blink

Last week I did a post advising readers in Haywood County that the commissioners were considering three new gun ordinances ranging from prohibition of firearms in all county buildings to an ordinance regulating shooting ranges. I'm pleased to say that thanks to the efforts of Grass Roots North Carolina and others there was a very large turnout at the County Commission meeting last Monday. Not one person who spoke did so in favor of these ordinances.

As I heard unofficially on Friday, the Haywood County commissioners have tabled these proposals. Now, as the alert below from GRNC makes clear, they have officially tabled them for the time being.

The new proposed outdoor shooting range ordinance would have exempted police ranges from the restrictions of the ordinance. While a private shooting range would have had to have a 300 foot property line buffer, no such buffer was required of police ranges. This is probably because they would have failed to meet that standard.

My friend Tim Glance of Old Grouch Military Surplus pointed out another interesting wrinkle. The range that the Waynesville PD uses for training and qualification is not owned by the town. It is owned by a private association of police officers. By the standards of the county's ordinance, it would not have been in compliance though it would have been grandfathered in.

I salute those who could attend the meeting, those like Paul Valone that spoke, and those that wrote in to the commissioners. During this election year, your voices were heard. We need to keep up the pressure on the commissioners to scrap these ordinances.

The alert from GRNC is below:

ARE HAYWOOD COUNTY COMMISSIONERS HAVING SECOND THOUGHTS ABOUT SNUBBING THE LAW-ABIDING?

What started as a proposed ordinance to ban ALL open and conceal carry has resulted in some potential backpedalling by Haywood County's commissioners. Last week's county commission meeting to discuss this proposed ordinance was a HUGE victory for gun owners like yourselves. Not only did nearly 400 gun rights activists pack the meeting and let themselves be heard, but the county has now announced that "The Haywood County Board of Commissioners will not take any action at their regularly scheduled meeting of Monday, April 4, 2016 on the proposed ordinances for Carrying of Concealed Weapons and Displaying of Firearms ..."   Scorched by hundreds of angry voter contacts, the Haywood County manager last week attempted to justify the commission’s actions as an attempt to bring the county’s 1995 ban on concealed carry in parks into compliance with changes in the law. In reality, the commission attempted to manipulate statutory definitions to continue gun bands which are no longer legal. In addition to banning open carry and concealed carry in all county buildings, their proposed changes would reclassify Allen’s Creek Park as a “recreational facility” and ban guns throughout the park in violation of recent changes which GRNC made that more narrowly define recreational facility to only athletic fields during scheduled events, swimming pools, and gymnasiums. GRNC president Paul Valone was the first to address the commission. In addition to noting that their parks restrictions were illegal and would result in a lawsuit which they could not win, he pointed out that just because they had had restrictions since 1995 in other county facilities didn’t mean they should continue those restrictions. Haywood County is slow to learn what twelve other North Carolina counties have discovered: that reducing restriction on the lawful concealed carry of firearms helps save lives and keep citizens safe. Despite what the naysayers would have us believe (more on them in a minute), county governments like that in Haywood County are being put on notice that law-abiding citizens will not tolerate being disarmed for their so-called protection.   The next meeting of the Haywood County Commissioners is tomorrow (Monday) evening, and we strongly encourage our members to remain vocal about their opposition to this proposed ordinance. These politicians need to be told, in no uncertain terms, that enacting these sorts of restrictive ordinances (especially ones that may put them in violation of state law) will have consequences at the polls and in the courts.   And speaking of the naysayers ... we thought you should also know that the astroturf group North Carolinians Against Gun Violence (a wholly owned subsidiary of Michael Bloomberg) had the audacity to plagiarize GRNC's March 26 alert and calling for its members to attend the meeting. The evidence of this group's ineptitude was clear: when asked by one of the speakers addressing the commission for a show of hands of all who supported the proposed gun ban, none of the attendees at last week's meeting identified themselves as a member of this shady organization. We know that imitation is the sincerest form of flattery, but this simply proves that astroturf will never equate to real grass roots support.

IMMEDIATE ACTION REQUIRED!
EMAIL THE HAYWOOD COUNTY COMMISSIONERS. Urge them to scrap the gun-ban ordinance altogether. Below, find a copy/paste email list, and under 'Deliver This Message,' you'll find a copy/paste email message to send. Contact list: markswanger@bellsouth.net; kirk@jwklaw.net; lkensley@bellsouth.net; sorrells@cbvnol.com; billupton@bellsouth.net   Let North Carolinians Against Gun Violence know that plagiarism is stooping to a new low, even for them. We suggest leaving them a polite note on their Facebook page encouraging them to come up with their own material for alerts to their "supporters." Something short and sweet like "Hey gun grabbers, can you please stop plagiarizing Grass Roots North Carolina when you send alerts to your "supporters?"
DELIVER THIS MESSAGE
Suggested Subject: "Scrap the Gun Ban in Haywood County"   Dear Commissioners: I have recently been informed of the gun ban that is being considered by the Haywood County Commission, and I am writing to urge you to scrap bans on open and concealed carry on county property entirely. As the nearly 400 gun supporters in attendance at last week's meeting made abundantly clear, a patchwork of “gun-free" zones serve only to make accidental criminals out of otherwise peaceful, law-abiding citizens, while doing nothing to ensure anyone’s safety. A vote to close all county facilities to the lawful carry of handguns will only convey a disrespect for civil rights as they relate to the Second Amendment, and will ultimately endanger both the citizens and employees of Haywood County. You may be unaware of the new trend that is currently sweeping our state. In recent months, county after county, after recognizing the fallacy of "gun free" zones, has moved in the direction of more gun-freedom rather than less: Alamance, Ashe, Cabarrus, Cherokee, Craven, Forsyth, Lenoir, Pitt, Person, Rowan, Union, and Wilkes ounties, and the list continues to lengthen. This is a positive trend, and I would strongly recommend that Haywood County consider this course, rather than a sure-to-be fruitless and disrespectful gun ban. I will continue to monitor this issue through alerts from Grass Roots North Carolina.  Respectfully,

Anti-Gun County Commissioners In Haywood County?

I lived in Haywood County, North Carolina for 32 years and still have property there. Thus, when I got the alert below from Grass Roots North Carolina about the intended anti-gun actions of the Haywood County Board of Commissioners I began to get angry.

Then I read the three proposed ordinances and became really angry. There are parts of the first two ordinances that are direct violation of state law regarding carry in state, county, and municipal parks and that is just the beginning.

 Moreover, the outdoor range ordinance requires more of private ranges than it does of the county's own sheriff's department. The proposed ordinance §161.07(B)(1) states, "All shooting stations and targets on a range shall be located a minimum of three hundred feet (300’) from any property line." The backstop of the range that they share with the Maggie Valley Police Department is a mere 90 feet from the nearest property line. §161.07(D) of the ordinance requires that " All shooting stations, targets, and firing lines" be more than 1/4 mile or 1,320 feet from any occupied building. There are two retail stores at about 1,100 feet from the backstop and a handful of residences that are within the 1/4 mile radius of the target range. You can see this in the screen cap from the Haywood County GIS map. The HCSD/MVPD range is adjacent to the Town of Maggie Valley water and sewer plant. I have labeled the firing line, backstop, and distances to the property line and buildings.

Click to enlarge

If you are a Haywood County resident, taxpayer, or just someone who visits the county, I would urge you to either attend the meeting on Monday or email the commissioners. I most certainly intend to do so.

Here is the complete alert from GRNC:

COUNTY MULLS GUN BAN FOR THE LAW-ABIDING

A special meeting will be held regarding a gun-ban ordinance this Monday, at 5:30 PM, in the Haywood County Courtroom of the Historic Courthouse (more meeting details below). Please join GRNC President F. Paul Valone at this meeting, where the Haywood County Commissioners will be discussing  an ordinance to BAN ALL OPEN AND CONCEALED CARRY in and on any county owned or controlled property. This ordinance would reverse regulations dating back to 1995, which recognize the citizens' civil rights in this area. (Click here to read a copy of the proposed new ordinance). Some commissioners have claimed that the increase in gun ownership has created an unsafe atmosphere. Yet, statistics show that more crime happens in so-called "gun-free" zones. Gun owners must inform the commissioners that we know the facts, and we won't be fooled by false arguments, and emotional appeals. Below, find out how you can contact the county commissioners and let them know that what they're considering is wrong, and not at all acceptable. Also, get details on the meeting so you can attend and help to put a stop to this effort to disarm good people like you, "put you in your place," and make you easy prey for the bad guys.

IMMEDIATE ACTION REQUIRED!
EMAIL THE HAYWOOD COUNTY COMMISSIONERS. Urge them to vote against the gun-ban ordinance. Below, find a copy/paste email list, and under 'Deliver This Message,' you'll find a copy/paste email message to send. CONTACT INFO County Commissioners copy/paste email list:  markswanger@bellsouth.net; kirk@jwklaw.net; lkensley@bellsouth.net; sorrells@cbvnol.com; billupton@bellsouth.net ATTEND THE COUNTY COMMISSION'S SPECIAL MEETING THIS MONDAY, MARCH 28. Join GRNC President F. Paul Valone at this critical event. See details below: WHEN: Monday, March 28, 2016 5:30 PM WHERE: Historic Courthouse Haywood County Courtroom 215 N. Main St. Waynesville, NC HINTS: Dress for the press! Please no offensive signs, slogans or clothing. Be sure to arrive early, as seating may be limited.
DELIVER THIS MESSAGE
Suggested Subject: "Vote No on Gun Ban in Haywood County"   Dear Commissioner: I have recently been informed of the gun ban that is being considered by the Haywood County Commission, and I am writing to urge you to vote against any such gun ban. A patchwork of “gun-free" zones serve only to make accidental criminals out of otherwise peaceful, law-abiding citizens, while doing nothing to ensure anyone’s safety. A vote to close all county facilities to the lawful carry of handguns will only convey a disrespect for civil rights as they relate to the Second Amendment, and will ultimately endanger both the citizens and employees of Haywood County. You may be unaware of the new trend that is currently sweeping our state. In recent months, county after county, after recognizing the fallacy of "gun free" zones, has moved in the direction of more gun-freedom rather than less: Pitt, Person, Wilkes, Rockingham, Cherokee, and Alamance counties---just to name a few. There are more, and the list continues to lengthen. This is a positive trend, and I would strongly recommend that Haywood County consider this course, rather than a sure-to-be fruitless and disrespectful gun ban. Keep Haywood County free and safe for law-abiding voters and their families. Vote 'no' on any sort of gun ban. I will continue to monitor this issue through alerts from Grass Roots North Carolina.  Respectfully, UPDATE: I received an email last night from Commissioner Kevin Ensley (R-Haywood) who said he would be voting in favor of concealed carry on county premises. Kudos to Mr. Ensley to listening to the people of Haywood County. I fear that some of the other commissioners are not so willing to listen to their constituents.  Jerrika Insco of WLOS has a report on the Monday evening meeting here. I sense a lot of backpedaling on the part of the Haywood County Manager Ira Dove. He is trying to portray the moves by the county as being misunderstood by residents. He's trying to say it has always been banned and all the county is doing is updating their ordinances to comply with state law. That is only partially true. Including the county-owned Allen's Creek Park in the list of places that ALL carry is prohibited flies in the face of NCGS Sec. 14-415.23 which specifies where and where not carry can be prohibited in county, municipal, and state parks.