Explore The NRA Universe Of Websites

Vermont Supreme Court Upholds State Range Protection Law

Friday, June 9, 2017

Vermont Supreme Court Upholds State Range Protection Law

On June 2nd, the Vermont Supreme Court issued its decision in North Country Sportsman's Club v. Town of Williston, which tested the ability of the town to enforce a noise ordinance against the Club for operating a shooting range. The Supreme Court reversed a lower court’s ruling, and held that Vermont’s range protection statutes prevented the town from restricting noise unless it exceeded “historic levels of shooting” at the range.

North Country Sportsman’s Club has operated a trap shooting range just east of Burlington, Vermont for nearly 50 years. For the past two decades, the club’s has allowed its 100 members and guests to shoot from 4pm to dusk on Wednesdays and 9am to 4pm on Sundays. For special events, such as monthly Saturday competitions, the club would give the town 48 hours’ notice.

Like many locations with outdoor ranges, the Town of Williston has grown over the years from a rural farming community to a popular suburb of Burlington, the state’s largest city. Indeed, its two best-known residents are well-known gun control advocates Ben Cohen and Jerry Greenfield of Ben & Jerry’s Ice Cream fame.

In 2004, Williston adopted a noise ordinance prohibiting any “excessive, unnecessary, unreasonably loud noise or disturbance, which disturbs, destroys, or endangers the comfort, health, peace, or safety of others within the immediate vicinity of the noise or disturbance.” It further required that “sport shooting uses permitted prior to January 1, 2005” would have their hours of operation “determined through a written agreement with the Town.” While the ordinance took effect of January 1, 2005, the Club did not immediately enter into an agreement.

In 2006, the Vermont Legislature enhanced shooting range protections by amending the state preemption law to prohibit municipalities from adopting ordinances that would “prohibit, reduce, or limit discharge at any existing sport shooting range.” The law was signed into law by the governor on May 22, 2006 and took immediate effect. One year after passage of the state provision, the Club entered into an agreement with the town in May 2007 to allow the weekly Wednesday and Sunday shooting hours and special events with 48 hours’ notice.

In 2014, Williston demanded that the Club limit its once-a-month Saturday special events to five or six a year. The Club refused and withdrew from the agreement, and over the next two weeks the town sent police to the range several times and issued noise citations against the Club. The Club responded by bringing suit against the town for relief.

The trial court’s October 2015 ruling is evidence that “if you torture a statute long enough, it will confess to whatever you want it to.” It upheld the town noise ordinance, finding that while state law prohibited local restrictions on firearm discharge at the range, the town could still regulate firearm noise. In support of its ruling, the court reasoned that the Club could use silencers or sound-restricting enclosures to reduce noise without limiting the amount of shooting at the range. It failed, however, to recognize that suppressors do not eliminate all noise and that any noise enclosure would require a 100 foot tall, 70,500-square-foot building that would not only be cost-prohibitive, but also violate the town’s 35-foot building height restriction.

The Vermont Supreme Court reversed the trial court’s decision and overturned the Williston ordinance. It found that the Vermont Legislature “specifically restricted municipal authority to prohibit, reduce, or limit discharge at any sport shooting range in existence as of May 2006.” In consequence, the town lacked any authority “to reduce the permissible use or discharge of firearms at the Club below the levels in effect on May 22, 2006.” It also rejected the lower court’s hair-splitting distinction between firearm discharge and firearm noise, finding instead that the legislative history of the 2006 amendment demonstrated that the Legislature intended to preempt both.

The Vermont Supreme Court’s ruling proves the value of NRA-ILA’s efforts to defend your rights. Since 1994, the number of states with range protection laws has grown from eight to 48, thereby ensuring that ranges remain open and range owners are protected from civil court action, criminal prosecution, or other local government interference. In like manner, 43 states now have preemption statutes to limit the authority of local governments to regulate firearms, which prevents local politicians from targeting gun owners and imposing restrictions more severe than state law. There remains, however, much work to do, and we count on your efforts and support to accomplish it.

TRENDING NOW
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Thursday, November 20, 2025

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Recently, Governor Mike Kehoe signed a proclamation designating November of 2025 as Wild Game Meat Donation Month in Missouri.

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.