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West Boylston Vs. Wayne's Weaponry (It NEVER ends!)

Is it possible for Wayne to sue for harassment? ETA: Already mentioned.

Darksideblues42 said:
To be accurate, neither the Zoning board or the Inspector "lost". The officials of West Boylston were compelled to investigate and hold hearings.

The group opposed to Wayne's continual operation of his private shooting range lost and the leader of this group is retired and simply has no qualms about spending all of his time and considerable money to fight Wayne tooth and nail at every turn until he gets his way.
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Maybe our awesome tee shirt guy can come up with a "Save Wayne's" tee shirt, similar to what was done for GOAL?

This shit keeps up, I'm going to need a bigger closet.
 
I donated because I hate neighbors who think they have any right or say as to what you do on your own property.
 
Anybody can be sued for anything. If you have a neighbor that sees you carrying your guns/cases to the car - they will find a lawyer (for enough $$$$) and he will send you a letter to stop - then if you don't they can sue.

Any lawyer will take any case, if they get paid.

The frivolous lawsuit bar is quite high from what I gather, which brought on the 'Protection of Lawful Commerce Act' (the law about not being able to sue gun shops and manufacturers).
 
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I prefer to carry my long guns to the car uncased, I can fit more in the trunk that way. And since the trunk is a "locked compartment" no need for cases. Lay down a blanket, a layer of guns, fold over the blanket, add a layer of guns, repeat as necessary... Sometimes I have both my daughters and Lady Radtekk each bring out a couple all at once...

Then you end up with this...

20160526_155618.jpg

Sorry it's rotated, but yeah, "Snap-chatting" while waiting... And note the trigger discipline[thumbsup]

Sent from my SAMSUNG-SM-G930A using Tapatalk
 
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GM-GUY said:
Anybody can be sued for anything. If you have a neighbor that sees you carrying your guns/cases to the car - they will find a lawyer (for enough $$$$) and he will send you a letter to stop - then if you don't they can sue.

Any lawyer will take any case, if they get paid.

The frivolous lawsuit bar is quite high from what I gather, which brought on the 'Protection of Lawful Commerce Act' (the law about not being able to sue gun shops and manufacturers).
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Meant to quote this in the post above...

Sent from my SAMSUNG-SM-G930A using Tapatalk
 
JayMcB said:
https://www.gofundme.com/pj3nhgqp
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Contribution made:
On behalf of my wife (avid shooter, carries daily) and my teen daughters ("Dad, I need a new target, the middle's gone") I wish you the best. You're a little far from me in Chelmsford but if I'm ever close by I'll drop off a box of something for you to give somebody who's a little short. Keep fighting the good fight!
 
Picton said:
OP, you need to stop bolding your posts. It annoys people.
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TOO BAD IT ANNOYS YOU OR ANYONE ELSE.

Mike S said:
Maybe our awesome tee shirt guy can come up with a "Save Wayne's" tee shirt, similar to what was done for GOAL?

This shit keeps up, I'm going to need a bigger closet.
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They have t-shirts already that say "I'm with Wayne" I bought one at the last fundraiser. Wayne's says "I'm Wayne" [smile]
 
ISOTOX said:
You know what annoys me is a guy like Wayne being persecuted the way he is...So A little letter bolding seems to fit the importance of the cause.Dude give the guy a break his heart is in the right place.[rolleyes]
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Thank you, ISOTOX.
If you make it to Wayne's fund raiser, I'll buy you a beer.
 
There was a small bfst place up at the top of my street. They closed and very quickly (within a year), sold to Dunkins. Dunkin developer (a franchisee) wanted to build this huge plaza. They dropped it to conform to the pre-existing, non-conforming statutes.

We fought a losing battle in the court, hoping they'd just drop it and move on. We won in court. We got decimated on appeal. There is a Dunkin Donuts at the top of my street. LOL In a very residential part of town. Incongruous. (Also the most expensive Dunks in the area. LOL)

That's what these folks are hoping for. Even if not right, they can sue until you don't want to spend any more $. :(
 
FYI
From the I Stand With Wayne FB page.

Hey Everyone, unfortunately the battle isn't over. We are forced to head to trial to fight for what is right. For those who don't know Wayne is a local citizen in the town of West Boylston MA, were there are a handful of people trying to take away has right to shoot on his own property with his family and friends. As most as you know this battle has been going on for over a year now. Therefore the lawyer fees are building up, and most of you know Wayne is retired and owns a small business. We as a family once again are putting a benefit together to help raise money to off set the lawyer fees. So please come down to the Shrewsbury Sportsmans Club in Shrewsbury on 140 and show your support! This benefit is taking place on Saturday October 1st, 2016 at 2:00pm. We will be having a chicken BBQ it is $15 for adults and $8 for children under 10. We will also be having a few raffles as well as a DJ! We look forward to seeing you there!

Know its short notice, but it's something to do on a rainy day.
 
I'm going to play counterpoint on this and am willing to get flamed for it.

Wayne's family may have been shooting on his property for 50 years. But over the last few years it's use has substantially ramped up. Also, it went from being a personal shooting range to being a commercial shooting range in an area that is zoned residential.

Regardless of whether you are a libertarian or anarchist or Republican or Democrat, and regardless of how you feel about property rights, Wayne's new use of the land is incredibly, INCREDIBLY inconsiderate.

This is not a case of neighbors complaining when they moved in next to a pre-existing gun range.

This is a case of neighbors complaining when over the period of a few years the range goes from being a personal range, to a range where IDPA events are held and the local police department uses it for qualifications.

I'm sorry Wayne, but if you want to run a commercial shooting facility you should site it somewhere appropriate for that use. Its just the right thing to do.

What you have done is simply wrong. And pressing your case as a Gun Rights issue is even more wrong.
 
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dcmdon said:
I'm going to play counterpoint on this and am willing to get flamed for it.

Wayne's family may have been shooting on his property for 50 years. But over the last few years it's use has substantially ramped up. Also, it went from being a personal shooting range to being a commercial shooting range in an area that is zoned residential.

Regardless of whether you are a libertarian or anarchist or Republican or Democrat, and regardless of how you feel about property rights, Wayne's new use of the land is incredibly, INCREDIBLY inconsiderate.

This is not a case of neighbors complaining when they moved in next to a pre-existing gun range.

This is a case of neighbors complaining when over the period of a few years the range goes from being a personal range, to a range where IDPA events are held and the local police department uses it for qualifications.

I'm sorry Wayne, but if you want to run a commercial shooting facility you should site it somewhere appropriate for that use. Its just the right thing to do.

What you have done is simply wrong. And pressing your case as a Gun Rights issue is even more wrong.
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Respectfully,

The Police no Longer qualify there. As best I can tell, this was a very limited occurrence, if not a one time thing.

IDPA events are not held there.

It is a Gun Rights Issue. The group seeking to shut this down complained about the noise level, yet sought to limit shooting specific types of weapons on the property, what most of us know as Modern Sporting Rifles. AKA Scary Black Guns.

A Mosin was still fine, and it is considerably more powerful than a .223, and quite a bit louder as well.

The noise issue seems to have been nothing more than an attempt to open the proverbial door a crack and lead to the banning of the use of firearms on the property, not because they are loud, but because "guns are bad"

I am willing to give you the benefit of the doubt as to the research and facts you used to form your opinion. Please do try and take the time to read all of the posts here on NES, as well as on the page of the opposition group, watch the ZBA meetings, and see if you still feel the same way.
 
Its got nothing to do with guns.

Its about nuisance noise and zoning.

Its an area that is zoned RESIDENTIAL. Wayne and his family used to use the range RECREATIONALLY.

Wayne put a gun shop in an outbuilding using the Home Occupation portion of zoning laws. (pretty common). The most basic part of putting a business into a residential area is the concept that the presence of the business not detract from the residential nature of the neighborhood. This includes traffic parking, signage, dust, effluent, and NOISE.

Prior to Wayne using the range to further the cause of his BUSINESS, it was in personal use, and there were no significant complaints.

The problems began when the range use was expanded to further his BUSINESS interests. His family started shooting there in the 1940s. No complaints until it began to be used COMMERCIALLY in a residential zone.

I am a 2A zealot. But I'm also someone with an interest in zoning. As a result, about 6 months ago I read ALL OF the primary documents related to this suit. The only thing that seemed unreasonable was the requested prohibition of certain firearms. This was SUGGESTED by the zoning enforcement officer (ZEO) and was not part of the original request by the other homeowners.

Those additional requests were stupid in my mind because they changed it from a PURELY zoning related matter into a gun matter. I don't know if those prohibitions have been dropped from the possible action. The ZEO would have no legal basis or authority for prohibiting specific firearms. Their only authority comes from the nuisance noise. (Ironically, silencers, requested in the prohibition, would reduce the nuisance noise)

I love guns.
I love gun people.

But if my neighbor suddenly expanded the use of his range from a couple of hours per weekend to all day, every friday through sunday, every weekend. I'd be through the roof.

This should not be about firearms. It should be about nuisance noise and someone violating the rights of others to live PEACEFULLY outdoors.

Don

- - - Updated - - -

Darksideblues42 said:
I am willing to give you the benefit of the doubt as to the research and facts you used to form your opinion. Please do try and take the time to read all of the posts here on NES, as well as on the page of the opposition group, watch the ZBA meetings, and see if you still feel the same way.
Click to expand...

I haven't read every post here. But I have read many of the primary documents around the issue.

I'll post a link if I can find it.

Don
 
dcmdon said:
Its got nothing to do with guns.

Its about nuisance noise and zoning.

Its an area that is zoned RESIDENTIAL. Wayne and his family used to use the range RECREATIONALLY.

Wayne put a gun shop in an outbuilding using the Home Occupation portion of zoning laws. (pretty common). The most basic part of putting a business into a residential area is the concept that the presence of the business not detract from the residential nature of the neighborhood. This includes traffic parking, signage, dust, effluent, and NOISE.

Prior to Wayne using the range to further the cause of his BUSINESS, it was in personal use, and there were no significant complaints.

The problems began when the range use was expanded to further his BUSINESS interests. His family started shooting there in the 1940s. No complaints until it began to be used COMMERCIALLY in a residential zone.

I am a 2A zealot. But I'm also someone with an interest in zoning. As a result, about 6 months ago I read ALL OF the primary documents related to this suit. The only thing that seemed unreasonable was the requested prohibition of certain firearms. This was SUGGESTED by the zoning enforcement officer (ZEO) and was not part of the original request by the other homeowners.

Those additional requests were stupid in my mind because they changed it from a PURELY zoning related matter into a gun matter. I don't know if those prohibitions have been dropped from the possible action. The ZEO would have no legal basis or authority for prohibiting specific firearms. Their only authority comes from the nuisance noise. (Ironically, silencers, requested in the prohibition, would reduce the nuisance noise)

I love guns.
I love gun people.

But if my neighbor suddenly expanded the use of his range from a couple of hours per weekend to all day, every friday through sunday, every weekend. I'd be through the roof.

This should not be about firearms. It should be about nuisance noise and someone violating the rights of others to live PEACEFULLY outdoors.

Don

- - - Updated - - -



I haven't read every post here. But I have read many of the primary documents around the issue.

I'll post a link if I can find it.

Don
Click to expand...

Sunday shooting no longer takes place.

As the range predates zoning regulations for the area, MGL protects the range from legal complaints based on noise.

The firearm type restrictions were at the suggestion and behest of the anti-gun petitioners.

I have read all the posts here and the documents. The ZBA found the range was not related to the shop, and thus not a commercial use.

Your argument is moot.

What else do you object to?
 
Range is separate from the shop? That's hard to believe based on this pic.

10985223_1129459180414274_5689342630707661259_n.jpg
 
dcmdon said:
Range is separate from the shop? That's hard to believe based on this pic.

10985223_1129459180414274_5689342630707661259_n.jpg
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Yes, it clearly says it is closed on Sunday which disproves your assertion that shooting is 7 days a week.

As purchases are not required to shoot at his private range, please tell me how it is connected to his business, especially as the Zoning Board found no such connection.

The Zoning of the property clearly has changed if it was once a sand pit. Is a sand pit common to a residential use? Shooting on the property predates the creation of the single use residential zone the property sits in now.

This means that the nonconforming use (a shooting range) predates the establishment of the single use residential zone, which means there is an effective grandfather clause for that use on that property.

Next?
 
Darksideblues42 said:
Yes, it clearly says it is closed on Sunday which disproves your assertion that shooting is 7 days a week.

As purchases are not required to shoot at his private range, please tell me how it is connected to his business, especially as the Zoning Board found no such connection.

The Zoning of the property clearly has changed if it was once a sand pit. Is a sand pit common to a residential use? Shooting on the property predates the creation of the single use residential zone the property sits in now.

This means that the nonconforming use (a shooting range) predates the establishment of the single use residential zone, which means there is an effective grandfather clause for that use on that property.

Next?
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Yep, I know plenty of people that shot there regularly that never spent a dime in his shop. If you had a cousin that shot the shit with wayne in a bar one time in 1974, he'd let you shoot there, but it has always been like that. It's not like suddenly in 2013 the flood gates opened and he let tons of people start shooting there, he's always let tons of people shoot there.
 
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