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Details: Created: 05 January 2020

COUNTY'S UNLAWFUL DEMAND

Note:

The Zoning and Planning Committee Meeting is TUESDAY, January 7th. It’s short notice, but please attend if you can. See below, under “Immediate Action,” for more details.

This alert is for a matter in Randolph County. Also watch for an alert regarding a similar issue in Wake County.

A County Planning and Zoning Committee has swerved from its lane, unlawfully demanding that a local gun club close its doors and vacate its property…

Committee Zones Out
Clearly, Randolph County officials failed to consult with county attorneys before demanding the closure of the Triad Action Shooting Klub (TASK). Here is an excerpt from a letter to TASK, from the Planning and Zoning Committee:

This location has not been zoned nor does it have a Special Use Permit for a business. All operations must cease and all business materials must be removed from the property. Civil Penalties, $500 per day, per violation.

Committee Attempts "End-Run" around the Law
$500 a day? That is serious business. Fortunately for TASK, and the people of Randolph County, the insistent bureaucrats ought never see a dime. This is because the county’s demand that TASK close its doors is entirely unlawful! State law explicitly provides protection for existing gun clubs like TASK. Demanding the closure of such a club is not within the county’s authority. TASK is not a business, but the committee is trying to label them as such to do an "end-run" around the law. According to state law, “Sport Shooting Range Protection” (§ 14-409.46):

(e) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been no substantial change in use.

Perhaps Randolph County officials are hostile to gun owners and shooting sports, perhaps they’re seeing dollar signs, thinking they can zone this location to bring in more tax revenue, or maybe there are other, outside forces at work. Whatever the reason for this attempt to illegally force TASK to “go away,” they are trying to slip an unlawful action by the people. The good news is, they can’t, and they won’t—not if GRNC and its supporters have anything to say about it—with the law backing us up.

Help Us Correct County Leaders
Below, find details to attend the Randolph County Planning and Zoning Committee meeting this Tuesday, January 7th. Please attend the meeting and help put a stop to this illegal action by the county.

Also below, see how you can easily contact members of the Randolph County Commission and let them know that their Planning and Zoning Committee’s harassment of gun owners, particularly when it’s based on an unlawful premise, will not be tolerated. The law is on TASK’s side, and we must make that clear to the commissioners and other county officials. Let them know that if they go ahead with this effort, they will be in violation of the law, and they will find themselves in a court battle that they cannot win, but one that will cost the people of Randolph County plenty of their hard-earned tax money. The voters will not like that.

IMMEDIATE ACTION REQUIRED!

EMAIL RANDOLPH COUNTY COMMISSIONERS: Use the copy/paste email list provided below, and the copy/paste text provided under ‘Deliver This Message.’
ATTEND THE RANDOLPH COUNTY PLANNING AND ZONING COMMITTEE MEETING: Help put a stop to this illegal action by Randolph County. Attend the committee meeting on Tuesday, January 7, at 6:00 pm. More details below:

WHAT:	Randolph County Planning and Zoning Committee Meeting Help us stop the county’s illegal effort to force closed a gun club.
WHEN:	Tuesday, January 7, 2020, at 6:00 pm (doors open)
WHERE:	145 Worth Street Asheboro, NC
TIPS:	Please dress for the press. Business casual or above is best; please no inflammatory signs, or slogans on clothing. Please arrive early to allow for parking, seating, and possibly to sign-up to speak (if allowed).

PLEASE CONTRIBUTE TO GRNC: Help us fight gun control while we promote Second Amendment principles. Please CLICK HERE to contribute. Bear in mind that GRNC is an all-volunteer organization, so you can be sure your donations are put to the best possible use. Any amount helps, and any amount is appreciated.

CONTACT INFO

Randolph County Commissioners (and City Manager) Copy/Paste Email List:
Kenny.Kidd@RandolphCountyNC.gov; Darrell.Frye@RandolphCountyNC.gov; David.Allen@RandolphCountyNC.gov; Hope.Haywood@RandolphCountyNC.gov; Maxton.McDowell@RandolphCountyNC.gov; CountyManager@co.randolph.nc.us

DELIVER THIS MESSAGE

Suggested Subject: "Demanding the Closure of TASK is Unlawful"

Dear Commissioner:

I am writing today to express outrage over the unlawful demands of the Randolph County Planning and Zoning Committee. The Triad Action Shooting Klub (TASK) received a letter from your county’s committee advising TASK that they are not permitted to operate at their current location. Based on this, the committee has threatened TASK with excessive fines ($500 a day) unless and until they cease operations and remove all business materials from the property.

The very spirit of the committee’s letter is quite troubling, but what’s worse is that Randolph County’s demand that TASK be shuttered is unlawful. The committee has labeled TASK a business in an effort to make an "end-run" around the law, but TASK is not a business. Below, you’ll find language for NC § 14-409.46 (Sport Shooting Range Protection).

“(e) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been no substantial change in use.”

This statute makes it clear that Randolph County has no authority to demand that TASK cease operations. Therefore, I, along with other gun owners, and any who would see state law recognized and enforced, insist that Randolph County immediately withdraw its demand that TASK cease operations. Those at TASK are well within their rights to continue operating and any attempt to force TASK’s closure will result in a legal battle that Randolph County cannot win.

Indeed, because the law is on TASK’s side, any ensuing legal battle would be unsuccessful for the county, serving only to squander county revenue, something voters are unlikely to appreciate.

Do the right thing: obey the law and avoid a costly legal battle that you cannot win. Immediately cease any and all harassment directed at TASK. I will be monitoring your actions on this important matter through alerts from Grass Roots North Carolina.

Respectfully,

Copyright Info

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