BURGIN, Ky. (LEX 18) — The owner of the gun range labeled a nuisance by its neighbors is speaking out.
David Caldwell says he opened the Burgin Gun Range 18 years ago so that people could have a free and safe place to shoot. The veteran says every so often, he deals with complaints.
To defend himself against claims made publicly by his neighbors and to show transparency to others, Caldwell decided to invite cameras onto his range on Thursday.
"This is to try to make peace with my neighbors," said Caldwell. "I am trying a different approach. I want to show them that this is a safe place. Nobody is shooting at their house," said Caldwell.
Caldwell showed us the closest property to the pistol range is about 800 yards and claims the berm catches ricochets and bullets that miss targets. The train tracks nearby run perpendicular to the direction of the firing.
The rifle range next to the barn on the farm is closer to one neighbor's property who shared concerns about the noise and safety of their cows.
"I think it's really reasonable. People say we shoot here all the time. No, we don't," said Caldwell.
Summer hours listed on the Kentucky Department of Fish and Wildlife's website are from 10 a.m. to 6 p.m. Caldwell says he has made exceptions in the past when requested by neighbors.
"There are times I come out here and say, 'Okay guys, we gotta quit,'" he said.
Caldwell's message to his neighbors is that he's undergone training and assures their animals will be safe.
"A person has to go through about a 30-minute talk about safety rules before I even think about letting 'em shoot then the first time, I come down and watch them shoot to make sure they're doing everything safe," Caldwell said.
After their initial visit, guests must leave their names and what weapon they're using. Each person who uses the range is asked to follow the posted rules. However, Kentucky law does not mandate special rules.
"Something happens, that information has to go to the sheriff's department," said Caldwell. "They are ultimately responsible for what they do on this gun range. I just provide a property that gives them a safe place to shoot."
We reached out to the Kentucky Department of Fish and Wildlife Resources and they shared the following responses to our questions:
Do Kentucky homeowners need a license to shoot on their property?
Not on private property where the discharge of firearms is legally allowed, commercial ranges would have to follow local zoning laws. Many cities/counties have ordinances that could affect if the discharge of a firearm is permissible. Property owners have to check local regulations.
What rules do homeowners and their guests have to follow when shooting on private property where local ordinances don't exist?
Safety rules such as ensuring you have an appropriate backstop, projectiles will not go beyond the intended target, backstop and/or safety area, and take precautions to prevent the creation of any potential harm to people/property.
Who regulates private ranges?
Local, state, and federal agencies. Local ordinances can impose regulations on ranges, and Kentucky KRS Chapter 237 and the EPA issue best management guidelines for shooting ranges.
LEX 18 asked Kentucky State Police what safety measures they advised and did not receive an answer.
Relevant laws are 301 KAR 3:015 and KRS Chapter 23
KRS 237.210 and 237.220 defines "Shooting range" or "range" as an area designated for the shooting of firearms that is operated by an individual or entity. Access to this area is restricted and not freely available to the general public; entry requires the payment of a fee, membership contribution, or dues, or it must be granted by invitation from someone authorized to do so. Alternatively, a shooting range can also be an area operated by a government unit, with the terms of admission varying.
KRS 237.210 outlines legal protections for shooting ranges regarding nuisance claims and liability due to noise:
A shooting range cannot be deemed a nuisance, either public or private, simply due to changed conditions around the range if it has been operational for at least one year. Any physical or operational expansion of the range does not reset the commencement date for this protection, unless such changes triple the noise output, which must be verified by an independent agency or government unit.
No shooting range, or any government or person owning or operating such a range, shall be held liable for noise-related civil or criminal actions, damages, or injunctions if the range complies with the noise control or nuisance laws that were in place when it started operating. Only those living adjacent to the range have the standing to sue under these conditions.
Laws or regulations introduced after a range has commenced operations concerning noise control or abatement cannot be applied retroactively against activities that were legal before these laws were passed.
