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Posted: 3/18/2017 9:23:22 AM EDT
I received an email that PNTC is being sued by a neighbor claiming the noise “interferes with his property rights.”

What troubles me the most is that PNTC must turn over to the plaintiff all documents and records. This includes names of members, people that have used the range, and ATF-NFA records.

I don’t see how this information is relevant to whether out not noise “violates their rights”.

I also have to wonder how long the Goldstein’s have lived there. I find the timing interesting. PNTC has been there for a number of years now, I think its 6 or 7.  Also WV is on the verge of passing a law shielding shooting ranges for lawsuits over noise. Maybe they feel if they don’t file a suit now they will lose that ability later.

PNTC Members and Customers,
We would like to thank each of you for being members and customers of PNTC and we look
forward to your continued support and use of the complex. We cannot stress enough how
much we appreciate and need your continued support.
We feel compelled inform our members and customers regarding a recent court ruling related
to PNTC’s private customer information. Specifically, a resident of Virginia has filed a nuisance
complaint against PNTC alleging that noise from operation of the shooting range is a nuisance,
and therefore interferes with his property rights. This complaint was filed in Berkeley County
Circuit Court and is before Circuit Court Judge Grey Silver, styled Ben and Diane Goldstein v.
Peacemaker Properties, LLC and Peacemaker National Training Center, LLC, Civil Action No. 15-
C-520. Court documents filed in the case are public record and may be reviewed through the
Circuit Clerk’s office.
Although our legal team pointed out that Berkeley County, WV specifically exempts shooting
ranges from their noise ordinance and prevents nuisance claims against shooting ranges, the
complaint was filed and not dismissed by the court. You may also access the Berkeley County
Noise Ordinance at this link:
http://www.berkeleycountycomm.org/docs/ordinances/amendnoiseord0409.pdf
Despite numerous motions and requests to reconsider, and numerous mediation efforts with
the plaintiff, the court has ordered PNTC to produce the below documents and other private
records under a “Protective Order.” Under this order, the plaintiffs and their counsel are legally
permitted to access the following information:
- All member files
- All waivers from any person who has accessed PNTC, to include all law enforcement,
federal agency personnel, military personnel and foreign military personnel names
- All shooting competition files and lists
- All training information and lists
- All customer waivers
- Identities of all persons who have used PNTC ranges
- All ATF & NFA records (to include Forms 4473 and ATF bound book information)
Unfortunately, PNTC is unable to answer additional questions or comment on this matter at this
time. Please know that we have done everything in our power to protect your private
information, but we must comply with the court order.
Again, we look forward to seeing you soon and thank you for your support and understanding.
Thank You,
Cole McCulloch – President
Peacemaker National Training Center
View Quote
Link Posted: 3/18/2017 5:44:25 PM EDT
[#1]
I saw that as well, was up there today and there was a lot of talk about it though no one behind the counter was allowed to say anything about the details of the case which is understandable. My theory is that some bleeding-heart liberal from NoVA or Maryland bought themselves some land back there on the VA side and has enough "eff you" money to try to run a gunrange out of business. While they're at it get all there members/customers info on public record so they can be harassed later. Sucks all around I hope this doesn't kill that range. They also have a donation page for legal funds Here
Link Posted: 3/20/2017 8:03:54 AM EDT
[#2]
Perhaps PNTC should hold a machine gun shoot fundraiser.

I'll bring the M2.
Link Posted: 3/21/2017 9:45:17 PM EDT
[#3]
I understand they are in desperate need of funds and have set up a Go Fund Me site if you can help:

https://www.gofundme.com/peacemakers-legal-fund
Link Posted: 3/21/2017 9:48:09 PM EDT
[#4]
The plaintiffs are represented by a California law firm.
Link Posted: 3/22/2017 12:35:03 PM EDT
[#5]
Can anyone open these?  According to Google they should have the Goldstein's public comments from 2011 before the Berkeley County planning commission but my browser won't open them.
http://www.berkeleycountycomm.org/sharedimg/pdf/minutes/1397.pdf
http://www.berkeleycountycomm.org/sharedimg/pdf/minutes/1401.pdf
Link Posted: 3/22/2017 5:06:01 PM EDT
[#6]
Great find, unfortunately I can’t get them to open either.

Link Posted: 3/22/2017 8:27:09 PM EDT
[#7]
If you click the little triangle next to the link you can see the cached pdf's

THE BERKELEY COUNTY PLANNING COMMISSION MINUTES 4/11/11

THE BERKELEY COUNTY PLANNING COMMISSION MINUTES 4/25/11
Link Posted: 3/22/2017 10:03:09 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you click the little triangle next to the link you can see the cached pdf's

THE BERKELEY COUNTY PLANNING COMMISSION MINUTES 4/11/11

THE BERKELEY COUNTY PLANNING COMMISSION MINUTES 4/25/11
View Quote
Thank you!
Link Posted: 4/4/2017 10:03:37 AM EDT
[#9]
Guys please call your legiscritters and/or the governor to support SB 575.  Section (f) would likely put a halt to the lawsuit as it currently reads:
http://www.legis.state.wv.us/legisdocs/chamber/2017/RS/com_amends/SB575%20H%20JUD%20AM%20_1%203-29.htm
Link Posted: 4/4/2017 7:12:08 PM EDT
[#10]
Link Posted: 4/10/2017 9:06:52 PM EDT
[#11]
This was posted in the WVCDL Facebook group today:

4/10/2017 UPDATE ON PEACEMAKER NATIONAL TRAINING CENTER LAWSUIT

------------------------------------------------------

Many of you have been following the “nuisance” lawsuit filed by a California tort lawyer against Peacemaker National Training Center in Berkeley County (Civil Action No. 15-C-520). As you might recall from our prior email address, WVCDL has been closely monitoring this case. In fact, when an expansive discovery request was granted by Berkeley County Circuit Court Judge Gray Silver, which threatened to turn over reams of sensitive and confidential information pertaining to customers and guests of Peacemaker National Training Center, WVCDL filed a “Motion to Intervene” on behalf of our many members who have trained at the facility and all gun owners throughout West Virginia. This motion sought to further challenge the discovery order in this case and in doing so prevent future parties from attacking the sensitive data of other West Virginia range facilities and/or firearms dealers.

In the interim, we worked very hard to get SB575, which protects West Virginia range facilities against these type of civil suits, through the legislature and onto the desk of Governor Justice. While our Motion to Intervene was filed before the Court as early as mid-March, we still have yet to be granted a hearing on it (which is unusual). In fact, it is our understanding that pursuant to the discovery order issued by Judge Silver, the plaintiffs have begun to search through some of the sensitive data.

Today, we received word that Judge Silver has recused himself (withdrawn from the case and assigned it to another judge). The judge cites some negative attention from gun rights advocates as his reasoning but it is also certainly interesting to note that this recusal motion was filed on 4/4/2017 – the precise date that the Senate concurred with the House and passed SB575.

It is our position that this lawsuit as a whole is baseless under West Virginia law and without merit. Furthermore, we continue to strive to protect the personal confidential information of West Virginia gun owners. Our fight to defend firearm rights does not end with the legislative session wrapping up. It is a year-round struggle and one that spans all fifty-five West Virginia counties. Given that hearings in the Peacemaker National court case are open to the public, we may be asking members to attend if they are able to do so.

Please stay tuned for details. In the meantime, please call Governor Justice at 304-558-2000 and ask that SB575 be signed into law. Thank you all for your hard work and continuing efforts.
Link Posted: 4/11/2017 9:19:10 AM EDT
[#12]
Was coming here to post this.  

-ITM



Discussion ForumsJump to Quoted PostQuote History
Quoted:
This was posted in the WVCDL Facebook group today:

4/10/2017 UPDATE ON PEACEMAKER NATIONAL TRAINING CENTER LAWSUIT

------------------------------------------------------


Many of you have been following the “nuisance” lawsuit filed by a California tort lawyer against Peacemaker National Training Center in Berkeley County (Civil Action No. 15-C-520). As you might recall from our prior email address, WVCDL has been closely monitoring this case. In fact, when an expansive discovery request was granted by Berkeley County Circuit Court Judge Gray Silver, which threatened to turn over reams of sensitive and confidential information pertaining to customers and guests of Peacemaker National Training Center, WVCDL filed a “Motion to Intervene” on behalf of our many members who have trained at the facility and all gun owners throughout West Virginia. This motion sought to further challenge the discovery order in this case and in doing so prevent future parties from attacking the sensitive data of other West Virginia range facilities and/or firearms dealers.

In the interim, we worked very hard to get SB575, which protects West Virginia range facilities against these type of civil suits, through the legislature and onto the desk of Governor Justice. While our Motion to Intervene was filed before the Court as early as mid-March, we still have yet to be granted a hearing on it (which is unusual). In fact, it is our understanding that pursuant to the discovery order issued by Judge Silver, the plaintiffs have begun to search through some of the sensitive data.

Today, we received word that Judge Silver has recused himself (withdrawn from the case and assigned it to another judge). The judge cites some negative attention from gun rights advocates as his reasoning but it is also certainly interesting to note that this recusal motion was filed on 4/4/2017 – the precise date that the Senate concurred with the House and passed SB575.

It is our position that this lawsuit as a whole is baseless under West Virginia law and without merit. Furthermore, we continue to strive to protect the personal confidential information of West Virginia gun owners. Our fight to defend firearm rights does not end with the legislative session wrapping up. It is a year-round struggle and one that spans all fifty-five West Virginia counties. Given that hearings in the Peacemaker National court case are open to the public, we may be asking members to attend if they are able to do so.

Please stay tuned for details. In the meantime, please call Governor Justice at 304-558-2000 and ask that SB575 be signed into law. Thank you all for your hard work and continuing efforts.
View Quote
Link Posted: 4/18/2017 7:23:01 PM EDT
[#13]
I just got an email from the NRA saying that the Governor signed the bill.
Link Posted: 4/26/2017 3:40:40 PM EDT
[#14]
The WVCDL motion to intervene has been granted. WVCDL continues to keep up legal efforts to protect shooter information.
Link Posted: 4/27/2017 7:40:29 PM EDT
[#15]
More good news from the WVCDL Facebook page:
Mariana Gateind: Hello everyone, we wanted to send out a very positive update today concerning Peacemaker’s ongoing legal battle. This week a Motion to Intervene concerning the disclosure of member’s private information was granted by the court. This effectively means that the private information of PNTC’s members will remain private and will not be disclosed as part of the nuisance suit against PNTC! The Motion to Intervene was filed by member Nic Applegate in conjunction with the West Virginia Citizen’s Defense League (WVCDL). The Motion to Intervene demanded that the court reverse its discovery orders and keep PNTC’s private membership information private. We want to thank all of you for your support, as we would not be successful without such a tight-knit shooting sports community. Despite this favorable outcome we need to stress that PNTC is still facing the nuisance lawsuit and still needs your assistance to successfully defeat the frivolous suit. Please continue to share our GoFundMe page with your family, friends, and community members. We sincerely thank you for your continued support. God bless.
View Quote
Link Posted: 8/11/2017 10:14:09 AM EDT
[#16]
Anyone have an update on how the noise complaint suit is going?
Link Posted: 8/12/2017 8:33:44 AM EDT
[#17]
Per WVCDL, it's been dismissed.

Under the WV Rules of Civil Procedure, Plaintiffs have 30 days to appeal.
Link Posted: 8/12/2017 5:26:17 PM EDT
[#18]
WVCDL Update 8/11/17:

Most of you may remember that the WVCDL was a party in a motion to intervene in the case of Goldstein v. Peacemaker.  In this frivolous, anti-gun nuisance suit against the Peacemaker National Training Center with the goal of shutting down one of the largest shooting facilities in the state.

In this case, Goldstein requested enormous volumes of information regarding Peacemaker's customers, trainees, etc..  The WVCDL has many members whose information may have been disclosed, and thus we felt it prudent to join as a party in that motion to keep that information private.

The motion was denied today.

But it was denied for the best of possible reasons. Judge Wilkes granted a motion to dismiss the case, rendering our motion moot.

This is a victory for Peacemaker, and for ranges and shooting facilities everywhere in WV.

The judge specifically cited the language in SB575 (this year's range protection bill) as a major reason for dismissing the suit.

Enormous credit is due Senator Charlie Trump (R - Morgan) for sponsoring and pushing this bill.  It is a credit to him both on the principle and spirit of the Second Amendment, and in terms of supporting his constituents and the businesses of his district.

Additional credit is due Dominic Applegate, who obtained the counsel and got the motion to intervene (that we joined) moving forward.

Additionally, this lays solid precedent, deterring future nuisance suits against gun ranges in West Virginia.

If we have no place to exercise our rights, do we really have those rights?

Montani Semper Liberi.
Link Posted: 8/12/2017 7:46:01 PM EDT
[#19]
That's great news.  Thanks for the update.
Link Posted: 8/12/2017 8:55:40 PM EDT
[#20]
Thanks for the update!
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