Friday, February 22, 2013

Copperopolis Gun Range comes under fire

Updated 2-23-13 9:44 am with additional notes.


Steve Nelson of Calaveras Tactical has had to close the doors to his business in the foothills due to a complaint filed with the Calaveras County Code Compliance Unit. 

Nelson has been a NRA firearms instructor, safety instructor and DOJ (Department of Justice) Instructor since 2006. Added to that expertise Nelson served as a medic with the USMC beginning in ’91, has trained as a SWAT Paramedic and is currently a Captain firefighter/paramedic with 25 years experience in the field. 

Nelson began Calaveras Tactical to teach gun safety and use, from rifles to pistols, from beginner to advanced. Operating as a mobile business utilizing “multiple privileges at multiple gun ranges from the foothills to the Bay Area” helped Nelson educate more people on safety, laws, use and more.
When operating in Copperopolis Nelson utilized a private 70 acre gun range. “The closest habitable structure was ½ mile away according to the planning department.” Which falls within the California Penal Code section 12001.2(b) requiring that no person shall discharge any firearm within one hundred fifty yards of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith.

According to Todd Bar from the Calaveras County Code Compliance Unit, a complaint was received with regards to a gun range operating in Copperopolis with many alleged code violations. After receipt of the complaint an investigation ensued and it was found that Calaveras Tactical was in violation of one County Code – “A conditional use permit is required to use this property for firearms training.” At that point a cease order was put in place by the Building Department from the Code Compliance Unit until a permit could be obtained. 

Nelson has opted not to obtain a use permit as he states it is too costly for a small business, claiming an initial filing fee of $4,700.00 and additional costs incurred with environmental studies and other charges. “Totaling about $10,000.00.”

Nelson did stop operating his business in Copperopolis but hopes to offer free gun safety courses in Copper as he felt this was not a violation of any codes. He is currently consulting an attorney.

The following are current county ordinances for firearms:


9.12.010 - Display of written consent.
Every written consent mentioned in this chapter, or any amendments hereto, shall be kept in the immediate possession of the licensee at all times while he is in, upon or shooting or discharging firearms over or upon the various lands to which the prohibitions of this chapter apply and shall be displayed upon the demand of any peace officer enforcing the provisions of this chapter.
(Ord. 887 § 2, 1977).
9.12.020 - Shooting across private land.
It is unlawful for any person to shoot any bullet, arrow or other projectile into, across or above any privately owned land under cultivation or enclosed by a fence, or privately owned, uncultivated or unenclosed lands where signs are displayed at intervals not less than three to the mile along all exterior boundaries, and at all roads and trails entering such lands, without the written consent of the owner of such land, or his agent, or the person in lawful possession thereof, in his immediate possession.
(Ord. 887 § 3, 1977).
9.12.030 - Firing within one hundred fifty yards of certain buildings.
It is unlawful for any person, other than the owner, person in possession of the premises, or a person having the express written permission of the owner or person in possession of the premises, to discharge any firearm (as defined in California Penal Code section 12001.2(b)) within one hundred fifty yards of any occupied dwelling, house, residence, or other building or any barn or other outbuilding used in connection therewith. The one hundred fifty-yard area is a "safety zone".
(Ord. 2753 § 1, 2003: Ord. 2000 § 1, 1988: Ord. 949 § 1, 1978: Ord. 887 § 5, 1977).
9.12.040 - Exemptions.
The prohibitions of this chapter do not apply to the establishment or maintenance of any pistol, rifle, target range or shooting gallery, nor to the discharge at any target thereon, by any person using such range or shooting gallery, of any rifle, shotgun, pistol, revolver, air gun or bow and arrow in or on such range or shooting gallery; provided, that such range or shooting gallery complies with the county's basic zoning ordinance and has been inspected and approved by the sheriff as being so installed, constructed, safeguarded, equipped and used as to adequately prevent any bullet, shot or missile from being projected beyond the confines of such range or shooting gallery. Evidence of said inspection and approval shall be in the form of a written permit issued by the sheriff, valid for a maximum period of one year and subject to those conditions which, in the discretion of the sheriff, are necessary.
(Ord. 887 § 6, 1977).
9.12.050 - Penalty for violation.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.
(Ord. 887 § 7, 1977). 

Additional notes:
Calaveras Tactical was only found to be in violation of not owning a use permit. Calaveras Tactical was not found to be in violation of any other ordinance, based on a letter from Courtney Minehart of Calaveras County Code Compliance. Multiple alleged violations of ordinances were listed in the original complaint.


By,

Charity Maness