Posted on 07/25/2025 11:12:31 AM PDT by Jacquerie
TALLAHASSEE — An appeals court Wednesday allowed an Okaloosa County couple to pursue a lawsuit over noise from a neighboring gun range, saying a 1999 state law aimed at shielding gun ranges from liability violated the couple’s constitutional rights.
A three-judge panel of the 1st District Court of Appeal overturned a circuit judge’s ruling that rejected the lawsuit filed by Eugene and Adrienne Gartman, who in 1998 bought 80 acres of land that includes their home.
In 2017, BITN, LLC, and a subsidiary company, Southern Tactical Range, LLC, bought about 200 acres immediately south of the Gartmans’ property and began constructing what is now known as the Element Training Complex, according to the appeals court. The couple filed a lawsuit that included alleging a noise-related nuisance.
Circuit Judge Mary Polson in 2022 ruled in favor of the gun range, in part citing the 1999 law, which says a person who “operates or uses a sport shooting range is not subject to an action for nuisance, and a court of this state shall not enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.”
But the appeals court Wednesday said the law, as applied to the Gartmans, violated a constitutional right of access to courts for the redress of injuries. Citing a 1973 Florida Supreme Court precedent, the appeals court said it was “looking to discern the 1999 Legislature’s intent for the existence of an overpowering public necessity to support the abolishment of the Gartmans’ common-law right to sue their neighbor for noise-based nuisance.”
The range opened in 2018, “offering 240 shooting stations, along with long range sniper shooting, machine gun training, 360-degree rifle and pistol events, and cowboy shooting events,” the ruling said. “At first for civilian use, the range became a contracted facility for both military and law enforcement training activities as well.”
In a brief filed in 2023 at the appeals court, the Gartmans’ attorneys wrote that as many as 150 to 200 shooters could be at the range at a time.
“Mr. Gartman actually has to take out his hearing aids to work in his yard whenever there is shooting on the range because otherwise it is physically painful to his ears to be outside his home,” the brief said.
1999 Law shielded gun ranges from liability.
Gun range opened in 2018.
I always hated it when new property owners complained about airport noise from an airport that was alreday there. This case is the opposite, because the property owners were already there.
Just how far south of their property is the range operating and dude must have some super sensitive hearing aids going on to be “hurting”. Turn your hearing aids down... man.
Excessively loud noise is not typically a good thing. (I love to hear birds chirping and wind through the pines, not others' alleged "music" or motorcycles, etc.)
Since the range opened 20 years after the homeowners bought the prop, then the homeowners have a legit point.
Easy case to win, yes. Take db meter to plaintiff house, have range let loose, measure volume, countersue for harassment.
The gun range was peacefully protesting its 2A rights using its 1A rights.
If only suppressors were allowed.
I do sympathize with the owners. They were there first.
EC
Abolish the NFA, suppressors no longer stigmatized.
Problem solved.
It sometimes sounds like a gun range around my place. But unless someone (hubby) is shooting right outside my window, it’s not very loud. I seldom notice it.
If the neighbor murdered her husband and the cops asked me if I heard a gun shot, I’d probably have to tell them “not that I recall”. Gun fire is such a common thing, it just doesn’t register that much with me.
Is the actual shooting range THAT close to her house? Would it be any different that the sound of semi-trucks constantly driving by a home?
Two of the ranges I belong to had hippies move in and then start complaining about the noise. My local airport that’s been here since the 20’s has these damned California assholes moving in and complaining.
For years we lived directly under final approach 2.6 miles from O’hare runway 22 left. Planes “supposed” to be no lower than 1,000 feet. Hilarious how newcomers would bitch about the noise!🤣
I find the sound of gunfire from nearby waterfowl hunters in the fall rather comforforting...like all’s well in the world.☺️
I would ask when residency was established. Date of purchase is not necessarily the date they moved in.
“… Turn your hearing aids down... man...”
Not that simple. I have a profound hearing loss, 80% in one ear, 90% in the other. To hear normal conversation, the aids have to be loud. Sharp sounds, like a door slamming, fireworks, thunder, etc. are painful.
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