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Arguments heard in neighbors' suit against doctor's private firing range

Rights of homeowners, gun owner clash

By Gavin Off and Ames Alexander
Staff Writers
  • http://media.charlotteobserver.com/smedia/2012/02/06/19/59/S2qlI.Em.138.jpg|207

    Dr. Michael Land holds a Marlin 30-30 lever action deer rifle behind his home in Wesley Chapel in this 2008 file photo. JOHN D. SIMMONS

  • http://media.charlotteobserver.com/smedia/2012/02/06/22/24/H1KYE.Em.138.jpg|209

    From his backyard in Wesley Chapel, Michael Patterson points to the firing range where Dr. Michael Land shoots guns. Diedra Laird - 2010 CHARLOTTE OBSERVER FILE PHOTO


MONROE - A case that pits the rights of homeowners against the rights of gun owners now rests with a judge following a hearing Monday in which a machine-gun-toting doctor was portrayed first as a law-abiding citizen - and then as a disturber of the peace.

The lawsuit was brought by about 40 Wesley Chapel residents, who contend that Dr. Michael Land has no legal right to fire fully automatic weapons on a homemade range near their properties.

Seeking to dismiss the case, Land's attorney said the doctor has all the necessary permits to fire machine guns at his range - and that he is covered by a state law that protects longtime owners of gun ranges from encroaching development.

At the end of the two-hour hearing, Superior Court Judge Mark Klass made no statements. His decision might take days or weeks, attorneys said.

Paul deMontesquiou, the attorney representing homeowners, told the judge that Land's gunfire has made it hard for neighbors to sell their homes, sleep soundly or hold Bible study sessions.

"I don't want to hurt him," deMontesquiou said. "I don't want to put him in jail. I don't want to get him fined. I want him to stop shooting these guns."

The plaintiffs are seeking an injunction to stop all shooting on Land's property. They've asked for damages to compensate them for emotional distress and property-value reductions.

Land's attorney, Tate Helms, said that his client has never been charged with a crime during his 20 years of shooting.

"Dr. Land is in complete and absolute compliance under state and federal law," Helms said.

Land, a gynecologist who practices in Matthews, has said that he has taken many precautions to make his range safe. To stop the bullets, he brought in dirt, sand and railroad ties to create a 12-foot-high berm.

State law generally prohibits the use of fully automatic weapons, except among soldiers, law enforcement officers and merchants who need them for "the purpose of defending their business." The plaintiffs contend Land doesn't qualify for any of the exceptions.

Land claimed he needed a Thompson submachine gun for "protection of business," according to a 2004 permit application approved by the Union County sheriff. The weapon, known as a "Tommy" gun, can fire more than 700 rounds a minute.

In applications for other machine guns, Land said they were for sport and collection.

Land said in depositions that he does not carry a machine gun to his practice, to the hospital or to his bedroom at night, deMontesquiou noted. No business is registered to the property where Land shoots his guns, deMontesquiou said.

Land bought the six-acre tract in 1991 and later built a private, recreational shooting range on the back two-thirds of his property. He began firing machine guns on the property around 1996, a few years before developers starting building Stonegate, a community of 260 homes nearby.

In recent years, many residents have complained that the machine-gun fire makes them worry about the safety of their families.

A National Rifle Association official hired by Land concluded, after examining the safety berm, that the range is "no threat to the neighborhood."

Another firearms expert hired by neighbors, however, found that the danger of stray bullets "poses an unacceptable safety hazard" to residents.

Alexander: 704-358-5060

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