Vandalia moratorium won’t stop Miami Valley Shooting Grounds’ bid for new permit

UPDATE @ 9:40 p.m. (Nov. 8): The city of Vandalia has issued a six-month moratorium on issuing permits for shooting ranges, as well as permits to discharge a firearm within city limits.

That's the word from city spokesman Rich Hopkins.

The moratorium has no affect on the two applications already submitted to the city by the owners of the Miami Valley Shooting Grounds, he said.

Those permit applications were submitted before the moratorium went into effect, he said. Those two applications will be decided upon, in the near future, based on their merits, Hopkins said.

EARLIER REPORT (Oct. 23)

The Miami Valley Shooting Grounds owner will reapply this week with the city of Vandalia for a permit to operate the gun range, an attorney for the business said.

Vandalia Police Chief Douglas Knight stripped the Miami Valley Shooting Grounds and its owner Dana Tackett of their permit to discharge firearms. The chief made his decision after finding firearms were discharged “in a manner that is not compliant” with the permit, according to a letter.

Instead of appealing the chief’s decision, the Miami Valley Shooting Grounds will begin anew the permit process.

MORE: Vandalia man sues shooting range, alleges stray bullets hit land

“There was no appeal filed, rather, the shooting grounds is preparing permit applications to address the chief’s concerns,” said Timothy Rudd, the range’s attorney.

The range will submit an application this week for the indoor range and a separate application regarding the outdoor range will follow, Rudd said.

Last month, the Dayton Daily News and WHIO revealed a Vandalia police officer said he “retreated behind” his cruiser when responding Sept. 7 to a call in over errant bullets from the shooting grounds.

The officer’s superior said it “was obvious … that the shooters were a threat to public safety and not in compliance with the permit” the police chief issued in 2007, according to the officer’s report.

MORE: Miami Valley Shooting Grounds loses permit

In his revocation letter, the Vandalia police chief alleged Tackett, the range, and its representatives violated the permit or Vandalia’s ordinances by:

• Discharging firearm(s) from a place other than the permit premises;

• Failing to take all necessary measures and provide supervision sufficient to ensure that projectiles are confined to the property;

• Firing weapons in a direction other than from east to west perpendicular to and using as backstop the 50-foot hill on the western edge of the permit premises;

• Projectiles not being confined to the property;

• Knowingly discharging a firearm in or on a mother vehicle.

Previously, Rudd said the chief’s decision to revoke the permit “has nothing to do with any projectiles” going onto the land of Jamie Spencer, a person who owns property near the range and is suing it and Tackett.

Spencer alleges stray bullets are flying onto his property, according to a Sept. 8 complaint in Montgomery County Common Pleas Court.

Last week, the shooting grounds asked the court to allow a second extension before they respond to the complaint. The 21-day extension would allow two additional defense attorneys on the case to “thoroughly investigate and research” Spencer’s claims.

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