Tx. Gun range owners file appeal in city ordinance case

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Gun range owners file appeal in city ordinance case By JEFF BALL, News Editor November 29, 2001 The Collin County Gun Range has fired another shot in its ongoing dispute with the City of McKinney. Owners of the firing range hope the appeal they filed in the federal case that went against them at the district court level will prove to be the silver bullet they are seeking."Our attorney has filed an appeal, and hopefully when it gets to the 5th Circuit Court of Appeals, they will overturn the decision, because it was inherently flawed according to our attorneys," said Phil Ryan Jr., one of the facility's owners.U.S. District Judge Paul Brown upheld the City of McKinney's gun range ordinance in August.The ordinance, which was adopted in January and immediately challenged in court by the gun range, regulates hours of operations, noise levels and use of automatic weapons at all outdoor gun ranges in the city.The Collin County Gun Range was the only facility affected by the ordinance because it was the only range in the city."There are at least 20 issues (Brown) didn't rule on that he should have," Ryan said. "I don't see why this appeal shouldn't (result in the ruling being overturned)."The city council studied the issues for more than a year in an attempt to strike a compromise with range, located on U.S. Highway 380 in eastern McKinney.Discussion of the issue became a regular topic at city council meetings, as dozens of residents representing both sides spoke during the council's consideration of the ordinance.Brown ruled that the city's ordinance does not violate any of the range's constitutional or civil rights.Ryan said he disagreed."The bottom line is we are hanging on by the skin of our teeth. But we are not going to let them win when we know they are wrong," he said. "We can only be open 47 hours a week. How many retail businesses can make that?"How many movie theaters could make it, or golf courses, if they could only be open 9 a.m. to 5 p.m. Monday through Friday, 11 a.m. to 6 p.m. Saturday and had to be closed on Sunday - which is the day most people have for leisure."Ryan said the phone rings all the time with calls from people seeking evening or Sunday classes to get or renew a license to carry a handgun."They can't come out 9 to 5 because they are out trying to make a living like everyone else," Ryan said.The judge found that the purposes of the ordinance - to limit the disturbance of neighbors, to protect the safety of travelers and users of the gun range and to protect owners of adjacent property - were all legitimate purposes and were substantially accomplished by the ordinance.Ryan said he feels there was another reason for the ordinance."The whole ordinance, I have said for two years, was drafted in such a way to covertly put us out of business," he said. "They insidiously drafted an ordinance knowing what the full effect on business would be, which is running us out of business."Meanwhile, attorney Ron Stutes, who represented McKinney in the case at the district court level, said he fully expects the position of the city to prevail at the appellate level."I think both sides fully set out their legal arguments and factual arguments at the trial," Stutes said. "I think we had the clear best argument and best facts, and the judge's decision reflected that. I don't see anything that gives me any concern in the court's ruling that it shouldn't be upheld on appeal."Stutes said that in order to file an appeal, all the Collin County Gun Range had to do was file a document that stated they were appealing. "The district court will prepare the record, which means binding all the documents filed and the transcript of the trial and ship that to New Orleans to the Court of Appeals," Stutes said. "Once the court has that [package], they will send out to us a schedule for us to file our briefs."That process is in its first few days [at this time]. There are absolutely no deadlines at this point," he said. http://www.zwire.com/site/news.cfm?newsid=2711401&BRD=1436&PAG=461&dept_id=184990