In Cheboygan Sportsman Club v. Cheboygan County Prosecuting Attorney, the club sought to find out if conducting target practice at their shooting range within 150 years of occupied residences without the homeowners' consent violated MCL 324.40111.
The case involves a man who purchased residential property within 150 yards of the shooting range, after the range had been operating for decades. The man found a stray bullet on his property that he asserted had been fired from the shooting range. The local prosecutor informed the sportsman club that, “any individual discharging a firearm within 150 yards of a residence should face criminal prosecution for violating MCL 324.40111.”
The shooting club sued the prosecutor's office, and the National Rifle Association submitted an amicus brief on behalf of the plaintiff, asserting that the sportsman club was immune to a civil suit under MCL 691.1541. The trial court agreed with the NRA's argument, and held that unless the prosecutor could show that the sportsman club did not comply with the MCL 691.1541, the prosecutor could not prosecute its members.
Find out how a three-judge panel of the Michigan Court of Appeals ruled on that opinion in Monday's e-Journal.
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Posted by Samantha Meinke