UNION COUNTY, NC (WBTV) -A judge in Union County Superior Court is taking his time in making a decision whether or not local residents have the right to the sue the operator of a local outdoor gun range.
Judge Mark Lass heard arguments for roughly two hours pitting public safety against the right to bear arms.
The doctor who owns property in a Wesley Chapel neighborhood wants a lawsuit against his firing range dropped.
Dr. Michael Land has been a the center of controversy for several years. The town tried to keep Land from firing weapons at a home on Bloomsberry Lane but the Union County district attorney said in 2009 he had a right to operate the gun range.
A new suit filed by nearby homeowners claims Land is in violation of state and federal laws.
Kathy Patterson says the shooting takes place 400 feet from her back door.
"I jumped twice today..I've been here for 4 years and I still jump [at the sound of gunfire]," Patterson said.
Patterson says when her next door neighbor takes up target practice, you can forget having guests over, backyard bar-b-ques, birthday parties or bible study.
"This is wrong..it's morally wrong..it's legally wrong and a lot of people are in danger because of the activity on that property," Patterson said.
"We are asking very respectfully to go to other places to shoot his guns. We asked him that before the lawsuit..he wouldn't so now we are having to go to court," Lawyer Paul deMontesquiou said.
Gun applications show Dr. Michael Land owns machine guns, a couple of silencers as well. He writes on the applications that he will use them for sport shooting, collection and to defend his business.
State law only allows a person to use or possess a machine gun for certain reasons. The suit claims Dr. Land does not qualify for any of the exceptions.
By phone Dr. Land told WBTV,"I'm legal and I have no other comment."
In a deposition dated January 5, 2012, Dr. Land says he limits the time and frequency of his shooting. When asked if he's okay with causing people frustration, Land responds "It is unfortunate."
"I think that speaks volumes..he comes to a community where he doesn't live..he plays with his expensive toys and it's unfortunate the people who live here are having effects from it," Patterson said.
Land currently lives in Matthews. Neighbors say one of his sons recently moved into the house on Bloomsberry Lane.
In a motion for dismissal document, Land's lawyers asked for the suit to be dismissed saying neighbors have no facts to back up their claims, that the range meets safety standards and complies with noise ordinances. "Defendant's [Land] ownership, possession, and use of each and every one of his firearms is and always has been lawful. Defendant has lawfully obtained all necessary permits from applicable local, state, and federal authorities."
Lawyers for the plaintiffs plan to play a tape of the gunfire for a judge on Monday. deMontesquiou likens the noise to louder than a jet engine. "His use of these machine guns is against federal and state law and that was never brought up before…the prior lawsuit was looking at an ordinance," deMontesquiou said.
Land's lawyers claims "the prior case and the present lawsuit..share the same core nucleus of operative fact" and that the plaintiffs should be "barred from re-litigating."
Patterson says she is the most hopeful she's been in years that residents may finally get some peace. She says she is also not naive to the fact that litigation could play out for some time. If the suit isn't dismissed, lawyers are asking for a jury trial.
The attorney representing home in owners expect a ruling in two to four weeks.
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