The Town does not have the authority to prohibit, reduce, or limit firearms discharge within the Sportsman’s Club’s historical use at its shooting range.

North Country Sportsman's Club v. Town of Williston, 2017 VT 46

ROBINSON, J. This appeal tests the limits of a town’s authority to enforce a noise ordinance against a sport shooting range’s historically established operations. Plaintiff North Country Sportsman’s Club challenges citations issued by defendant Town of Williston to the Club for allegedly violating the Town’s noise ordinance. The Club seeks a declaration that under state law as well as its own ordinance the Town lacks authority to enforce its noise ordinance against the Club for engaging in sport shooting that is consistent with its historical usage. It asks that we reverse the lower court’s summary judgment declaration to the contrary.

We agree with the Club and reverse in part and affirm in part.  The Legislature has specifically restricted municipal authority to prohibit, reduce, or limit discharge at any sport shooting range in existence as of May 2006. 24 V.S.A. § 2291(8).The Court enters the following declaratory judgment. The Town does not have the authority to prohibit, reduce, or limit firearms discharge at the range that is within the Club’s historical use. As long as the Club’s operations are consistent with its historical operation of the range, using the May 22, 2006 baseline, the Town may not cite the Club for violating the Town’s noise ordinance. The Town may attempt to apply its noise ordinance to shooting at the range that exceeds the Club’s historical use unless the activity is exempt pursuant to an agreement voluntarily executed between the Town and Club as to its hours of operation.