VOD Tactical (site sponsor) needs our help!

Tim

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From @VOD Tactical FB page:

https://www.facebook.com/144326879455644/posts/588713671683627/?d=n

OK folks, I need a little help here. Urgently, and sorry for the short notice. I was just informed this week.

It has been brought to my attention that a group of McDowell Co residents, ( who all live in a GATED COMMUNITY near our range in Old Fort ) will be attending the Board of Commissioners meeting on Monday. Their goal is to
" pressure" the Board to change the Noise Ordinance of McDowell Co, as it relates to gunfire.

https://www.mcdowellgov.com/vertica...C47-FDF52593850E}/uploads/Noise_Ordinance.pdf

The current ordinance exempts the legal discharge of firearms from said ordinance. Any change in this ordinance would effect ;
Hunters
Recreational Shooters, and
All Training with Firearms

The Board of Commissioners has done a fine job of researching and writing an ordinance which expresses the will of the residents of McDowell Co.
I ask that you stand with us by backing the ordinance as it is written, and asking the Board to not make any changes due to the tactics of a few people who are not native to McDowell Co. We only need to look at the County to our west to see the far reaching implications of outsiders beginning to change how we govern ourselves.
I need folks to attend the next Board of Commissioners meeting ( Mon, Feb 10, 5:00 PM ) held in the lower level of the Courthouse. Please sigh up to make a public comment before the meeting starts. Public comments will be heard at the end of the meeting.
If you cannot attend the meeting, please send a short note via email to Cheryl, [email protected] to express your support of the current ordinance.

Thank you all so much for reading this long winded post!
DM me with any questions, and PLEASE SHARE this on your Social Media!

Frank runs a TERRIFIC operation and is simply a great guy. If you can SHOW UP Monday, please do!

if you can’t show up, please take a minute to send email in support to : [email protected]
 
Email sent.
 
Here’s the email I sent :

Ms. Mitchell
Clerk to the Board

and McDowell County Commissioners,

I write on behalf of VOD Tactical and its owner, Frank Seaman. I would like to encourage you to actively support this veteran owned small business in your county.

Just a few short weeks ago, McDowell county became a “2nd Amendment Sanctuary”. What a perfect opportunity this is to demonstrate that commitment!

I have attended events and have used VOD Tactical’s facilities for some time now. As a veteran myself, and very active competition shooter, I can say without a hint of reservation that VOD range facilities are safe, well managed, and a positive addition to the community. I can not see any reasonable possibility of range activities posing a risk to Frank’s neighbors.

As to noise complaints, Frank has indicated to me plans for improved noise mitigation. These plans are honorable and clearly demonstrates a willingness to “get along”. To be frank, I would advise him against “going above and beyond” as folks that make these complaints are rarely satisfied and personify a “give an inch, take a mile attitude.” To my knowledge, VOD is well within the bounds of the noise ordinance as written. That should end any discussion of shutting down this locally owned, veteran owned, small business.

Sincerely,

Tim Lau
 
Very awesome message and well thought out sir. Thank you for caring enough to frame that message to McDowell County and I trust they will respond favorably.
 
I cannot verify, but if true, this ordinance brings all kinds of problems...

https://www.mcdowellgov.com/vertical/sites/{2D9A4CFF-B077-4D35-8C47-FDF52593850E}/uploads/Noise_Ordinance.pdf

Fight it!

Section 4. Noise Regulation A. Subject to the provision of this Section, the creation of any unreasonably loud, disturbing or unnecessary noise in the county is prohibited. Noise of such character, intensity and duration that it tends to annoy, disturb, or frighten the citizens is in violation of this
Section. B. The following acts are deemed to be in violation of this Section, but said enumeration shall not be deemed to be exclusive, namely:
1. The sounding of any horn or signal-device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal; the use of such signal devices on vehicles which are in motion shall be allowed only if meant as a danger signal; the creation by means of any such signal device of any unreasonably loud sound; the sounding of such device for any unnecessary and unreasonable period of time.
2. The use of any gong or siren upon any vehicle, other than Police, Fire, or other emergency vehicle.
3. The performance of any open-air band or the playing of any radio, phonograph, stereo, sound reproducing system, sound-producing, sound amplifying, or other musical instrument in such a manner or with such volume as to disturb the quite comfort or repose of any reasonable person in any dwelling, hotel or other type of residence.
4. The playing of any radio, cassette player, compact disc, videotape, or disc, or other similar device for reproducing sound located on or in any motor vehicle on a public street, highway, within any public vehicular area, within the motor vehicular area of any public or private parking lot or park or on the premises of a private residence in an unreasonably loud, annoying, disturbing or unnecessary manner.
5. The keeping of any animal or bird, which by causing frequent or long continued noise, will disturb the comfort and repose of any reasonable person in the vicinity.
6. The use of any automobile, motorcycle, four –wheeler, or go cart or other vehicle in such a manner to create an excessively loud noise.
7. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger.
8. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or motor boat engine, except through a muffler or other device which will effectively diminish loud or excessive noises.
9. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled.
10. The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session, or within one hundred and fifty feet of any hospital, where such noise might unreasonably interfere with the working of such institution. 11. The creation of any excessive noise on Sundays on any street adjacent to any church.
12. The sounding of any bell or gong attached to any building or premises, which may disturb the quiet or repose of reasonable persons in the vicinity.
13. The shouting and crying of peddlers, barkers, hawkers, and vendors, which may disturb the quiet and peace of a neighborhood.
14. The use of any drum, any mechanical loud speakers or amplifiers on trucks or other moving vehicles, for advertising purposes, except where specific license is given by the County Commissioners.
15. The firing or discharging of guns, squibs, crackers, gun powder, or other combustible substances in the streets, or elsewhere, for the purpose of making noise or disturbance, except by permit from the County Commissioners.
16. Shouting or screaming in a loud and boisterous manner so as to disturb the public peace.
17. Using any language calculated to annoy the public or to bring on a breach of the peace.
 
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15. The firing or discharging of guns, squibs, crackers, gun powder, or other combustible substances in the streets, or elsewhere, for the purpose of making noise or disturbance, except by permit from the County Commissioners.


Sounds like an out to me. The noise at the range is incidental. And there is an exception option by the county commission.
 
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I cannot verify, but if true, this ordinance brings all kinds of problems...

https://www.mcdowellgov.com/vertical/sites/{2D9A4CFF-B077-4D35-8C47-FDF52593850E}/uploads/Noise_Ordinance.pdf

Fight it!

Section 4. Noise Regulation A. Subject to the provision of this Section, the creation of any unreasonably loud, disturbing or unnecessary noise in the county is prohibited. Noise of such character, intensity and duration that it tends to annoy, disturb, or frighten the citizens is in violation of this
Section. B. The following acts are deemed to be in violation of this Section, but said enumeration shall not be deemed to be exclusive, namely:
1. The sounding of any horn or signal-device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal; the use of such signal devices on vehicles which are in motion shall be allowed only if meant as a danger signal; the creation by means of any such signal device of any unreasonably loud sound; the sounding of such device for any unnecessary and unreasonable period of time.
2. The use of any gong or siren upon any vehicle, other than Police, Fire, or other emergency vehicle.
3. The performance of any open-air band or the playing of any radio, phonograph, stereo, sound reproducing system, sound-producing, sound amplifying, or other musical instrument in such a manner or with such volume as to disturb the quite comfort or repose of any reasonable person in any dwelling, hotel or other type of residence.
4. The playing of any radio, cassette player, compact disc, videotape, or disc, or other similar device for reproducing sound located on or in any motor vehicle on a public street, highway, within any public vehicular area, within the motor vehicular area of any public or private parking lot or park or on the premises of a private residence in an unreasonably loud, annoying, disturbing or unnecessary manner.
5. The keeping of any animal or bird, which by causing frequent or long continued noise, will disturb the comfort and repose of any reasonable person in the vicinity.
6. The use of any automobile, motorcycle, four –wheeler, or go cart or other vehicle in such a manner to create an excessively loud noise.
7. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of danger.
8. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or motor boat engine, except through a muffler or other device which will effectively diminish loud or excessive noises.
9. The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled.
10. The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session, or within one hundred and fifty feet of any hospital, where such noise might unreasonably interfere with the working of such institution. 11. The creation of any excessive noise on Sundays on any street adjacent to any church.
12. The sounding of any bell or gong attached to any building or premises, which may disturb the quiet or repose of reasonable persons in the vicinity.
13. The shouting and crying of peddlers, barkers, hawkers, and vendors, which may disturb the quiet and peace of a neighborhood.
14. The use of any drum, any mechanical loud speakers or amplifiers on trucks or other moving vehicles, for advertising purposes, except where specific license is given by the County Commissioners.
15. The firing or discharging of guns, squibs, crackers, gun powder, or other combustible substances in the streets, or elsewhere, for the purpose of making noise or disturbance, except by permit from the County Commissioners.
16. Shouting or screaming in a loud and boisterous manner so as to disturb the public peace.
17. Using any language calculated to annoy the public or to bring on a breach of the peace.
Holy crap, this was written by a bunch of geriatric rich people.

"Can't have them kids playing their rock and roll sex music, driving their loud hoopties or ringing church bells on Sunday or for weddings!"

Using any language calculated to annoy the public
Breach of first amendment rights. The law is not for protecting your feelings.
 
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