ME: Deborah Wharf vs. the Royal River Rod and Gun Club


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Desertdog
November 26, 2004, 11:27 AM
ME: Deborah Wharf vs. the Royal River Rod and Gun Club

Posted 11/23/2004 from Monument News
"Deborah Wharf, owner and resident of Deb's Barnyard and Kennel in New Gloucester, is currently engaged in a civil suit against the Royal River Rod and Gun Club for what she claims is their negligent practices of handling of firearms.

Hundreds of spent rounds of varying calibers have been recovered from Wharf's property, which adjoins that of the gun club, and have been submitted as evidence of the club's failure to adequately satisfy safety measures that include an impact area which must be capable of stopping rounds from going no further than the terminal end of the range.
After several incidents involving rounds reaching and sometimes going over her property, shooting before and after club hours, and cars parked outside of the club gates which indicate use of the range by non-members, Wharf contacted NRA Board member Michael Lee in May of 2003.

Lee responded by sending range expert Robert Pemberton, who, after a thorough evaluation of the range concluded in a report that the gun club fails to provide 'total projectile containment at the impact area of their 100 yard rifle range', and that the 'enforcement of firing range rules and regulations is not conducted via an on-site supervisor while firing is in progress.'

Pemberton goes on to say that '[B]ased on a present lack of rebuttal evidence, it is likely she [Wharf] will prevail if she chooses to pursue some sort of legal strategy.'"

You can read the complete story at:
http://www.monumentnews.com/2004/news/1118/1118h.shtml

I went to their URL to copy the complete story and they wouldn't let it copy.

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cslinger
November 26, 2004, 11:31 AM
If she can prove that the gun club does not contain all projectiles then more power to her she has every right to be safe and sound on her own property.

Now if she is one of these whiny I don't like guns or the noise so I will spill some shot on my land to run them out of business it is a different story.

If she is on the up and up then the gun club absolutely needs to address the issue or be shut down. I hate to say that but anyone of us would be upset as well I suspect.

Mikul
November 26, 2004, 11:48 AM
Rounds on her range are inexcusable, but this is rarely the case because if some imbecile launches one over the berm it is at least a mile away when it lands.

A club I belong to took a "round" to the police claiming that it came from our club. This round was a piece of brass. If that brass landed on her property then someone needs to stop shooting his semi-auto .50 without a recoil spring.

Andrew Rothman
November 29, 2004, 02:30 PM
Here's the whole story:

http://www.monumentnews.com/2004/news/1118/1118h.shtml
New Gloucester -- Deborah Wharf, owner and resident of Deb's Barnyard and Kennel in New Gloucester, is currently engaged in a civil suit against the Royal River Rod and Gun Club for what she claims is their negligent practices of handling of firearms.

Hundreds of spent rounds of varying calibers have been recovered from Wharf's property, which adjoins that of the gun club, and have been submitted as evidence of the club's failure to adequately satisfy safety measures that include an impact area which must be capable of stopping rounds from going no further than the terminal end of the range.

http://www.monumentnews.com/2004/news/1118/wharf.JPG
Above, Wharf in her home in New Gloucester. The Monument: Prata photo

After several incidents involving rounds reaching and sometimes going over her property, shooting before and after club hours, and cars parked outside of the club gates which indicate use of the range by non-members, Wharf contacted NRA Board member Michael Lee in May of 2003.

Lee responded by sending range expert Robert Pemberton, who, after a thorough evaluation of the range concluded in a report that the gun club fails to provide "total projectile containment at the impact area of their 100 yard rifle range", and that the "enforcement of firing range rules and regulations is not conducted via an on-site supervisor while firing is in progress."

Pemberton goes on to say that "[B]ased on a present lack of rebuttal evidence, it is likely she [Wharf] will prevail if she chooses to pursue some sort of legal strategy."

Wharf and her housemate and business partner Monty Kalloch, a father of three, have meticulously documented confrontations with the gun club and have gone so far as to mark with flags areas where rounds were discovered with the use of a metal detector, to have aerial photos taken that show the range's dangerous proximity to Wharf's residence, and to position strips of plywood along the section of Wharf's property that meets with the property of the range; the plywood consequently shows visible proof that at least one projectile has penetrated it.


http://www.monumentnews.com/2004/news/1118/bullets.JPG
Above, spent bullets collected from Wharf's property. The Monument: Prata photo

Wharf, a former NRA member, believes this case is not concerned with the second amendment but rather the proper safety measures that need to be taken on behalf of the members of the club. "I'm not anti-gun," says Wharf, "I just want people to act responsibly."

Kalloch has also been deposed as a witness to these incidents, specifically to an event that transpired on April 29, 2003, when two rounds were allegedly fired from the range. One round allegedly hit a chain link fence that borders one of the kennels and the other allegedly struck the side of Wharf's house. Both had been recovered and offered as evidence.

"As citizens," says Kalloch, "we've exhausted all lower-level means of communication with the club." Kalloch, in agreement with Wharf, says this case is about living and operating a business without the threat of being harmed or possibly killed, and that the law suit is aimed at providing total safety for the residents in the surrounding area, a goal which he says has been unattainable through dialogue with the members of the club.

Wharf claims there have been at least five separate incidents between the spring of 2001 and the spring of 2003 which have involved rounds flying over or hitting her property when she was home, three of which prompted local and state law enforcement to investigate. Wharf says that "the noise is completely understandable," but that unsafe use of firearms cannot be tolerated.

Despite repeated attempts to contact them, The Royal River Rod and Gun Club has chosen not to respond to The Monument's inquiries about this issue.

And my two cents: The range needs to keep its lead inside its walls.

[edit] Oh, and the reporter need to increase his understanding of double negatives: :D
..which must be capable of stopping rounds from going no further than the terminal end of the range.

RavenVT100
November 29, 2004, 03:17 PM
Man, I don't care who runs this range. If it was my house that stray rounds were landing in, I'd be very, very upset.

...and that the "enforcement of firing range rules and regulations is not conducted via an on-site supervisor while firing is in progress."

Which seems like a fancy way of saying that there is no range officer present when people are shooting. That's not good.

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