Shooting range says golf association can't sue it
The Municipal Golf Association-SA's legal effort to close a rifle range near one of its golf courses, launched after two shooting incidents earlier this month, may be foiled by a little-known provision of state law.
The 1999 statute, amended last year, forbids cities or counties from regulating shooting ranges established before Sept. 1, 2011 and prevents such local governments from suing them without the Legislature's permission.
A lawyer for the gun range, A Place to Shoot, argued Friday that the restriction should apply to the golf association, a public/private partnership created by the City of San Antonio to manage its municipal golf courses.
The association obtained a temporary restraining order March 14 that closed the rifle range part of the business.
State District Judge Renée McElhaney postponed until Monday a decision whether to lift or extend the order, asking the lawyers for additional legal briefs.
Attorney Joe Haeggquist argued that the city was using the association to try to get around the law, pointing to the city's involvement in the association's creation.
The president and chief executive officer of the golf association, Jim Roschek, declined to comment on the advice of his attorney. Robert Wilkerson, the owner of A Place to Shoot, could not be reached.
The association sought the restraining order after golfer Justo Flores was struck by a bullet and hospitalized March 4. Two course employees reported a few days later that they heard rifle shots and felt a bullet whiz past them.
A police investigation could not determine the direction from which the bullet that hit Flores came. Lawyers for the range have questioned the second incident, in which no bullet was found and police were been called.
What bullshit, sounds like another attempt to close down a local range, much like what happened up at Bracken. If police investigations cannot find evidence in either case, there should be no temporary restraining order issued.
Remember a similar incident a while back where a school teacher was hit by a stray bullet several miles away from the range, and they tried to blame it on A Place To Shoot as well. I am not a fan of that range, I've been there once and wasn't impressed; but I hate when false allegations are made in an attempt to close down a legitimate firearms business!
Cheers! M2