Michel & Associates can provide exceptional legal representation for ranges in all 50 states.

A Leader in Our Field

Shooting ranges across the country, and particularly in California, are facing a significant increase in the number of noise, permitting, and environmental complaints brought against them. Helping shooting ranges to address these issues is a specialized practice area at Michel & Associates, P.C.

Our lawyers have considerable experience representing shooting ranges in litigation, and in regulatory and administrative matters and hearings at the federal, state, and local levels.

In a hyper-regulated industry, navigating the complex field of environmental regulations has to be an integral part of operating a shooting range. Shooting ranges across the country are subject to increasingly strict enforcement by environmental regulators, politicians and bureaucrats, either due to legitimate environmental concerns, or because anti-gun neighbors of ranges (NIMBYS) use environmental issues as pretext for shutting them down.

Range owners and operators need to be aware of range liability for environmental contamination claims, as well as human exposure for individuals to certain substances—particularly, but not exclusively—lead. Failure to anticipate and address environmental issues in advance can result in ranges being found non-compliant with a myriad of federal, state and local environmental statutes, regulations, laws and ordinances. The consequences for ranges can be severe.

Environmental issues are especially problematic when water is located at or near a range. The Clean Water Act prevents contaminants from being deposited in wetlands and waterways, which may come from spent lead ammunition in backstops, berms or beyond. Lead particulate matter may be carried off-site by stormwater run-off and accumulate in streams, rivers and lakes. If spent lead ammunition has migrated off site due to run-off or rounds leaving the range, we can advise on clean up or remediation measures to address environmental contamination and prevent it from continuing.

Michel & Associates’ attorneys work with our clients to assess, develop and implement prevention and protection measures using customized Best Management Practices (BMP) to minimize and mitigate environmental impact from shooting range operations. We advise and support our shooting range clients on the use of current BMP technologies, uniquely tailored to a site specific environmental stewardship plan (ESP). Michel & Associates’ attorneys also advise clients on recycling and reclamation of spent lead ammunition, cartridges, hulls, wads and targets under EPA’s RCRA exemption.  Michel & Associates’ attorneys also have experience litigating cost recovery actions for clean-up and remediation of contamination at closed ranges under CERCLA. Additionally, our insurance law expertise allows us to maximize the potential of obtaining insurance coverage under old insurance policies to cover litigation fees and costs.

All of our expertise assists range Board of Directors, management and employees to keep the range in compliance with environmental laws and regulations.

Land Use:

Regulations and restrictions on land use are a concern for all commercial property managers, but shooting ranges are increasingly the target of land use regulatory actions and civil complaints. Many of these actions are thinly veiled attacks by anti-gun activists to limit public enjoyment of and participation in the shooting sports by eliminating shooting ranges.  Michel & Associates attorneys are experienced in handling these complaints.

Most opposition to shooting ranges is led by local residents who don’t want ranges “in their backyards” (NIMBYS), either because they are concerned about noise or environmental issues, or simply because they do not like firearms. Often residents with a hidden agenda will use noise and environmental concerns as a pretext for attacking shooting ranges. NIMBYS may be supported by non-profit activist groups with similar agendas, or these outside groups may attack on their own even where neighbors have not expressed concern.

Michel & Associates’ attorneys aggressively defend our clients to oppose attempts by anti-gun political activists to shut down shooting ranges. Michel & Associates attorneys represent and advise clients on permitting, licensing and zoning issues involving state, county and local municipalities related to shooting range operations. This may involve obtaining or modifying “conditional use permits” (CUPs), or dealing with permitting and zoning issues involving the preservation of a “non-conforming use” status under the local ordinances. Michel & Associates’ attorneys also advise shooting ranges on design and safety measures, in order to address noise ordinance violations or to prevent rounds from leaving the range, thus preventing potential liability from regulatory actions or litigation. If a shooting range is already facing regulatory actions and/or litigation, we can advise on cost-effective mitigation strategies for a range redesign or modification. Michel & Associates’ attorneys work with our clients to assess, develop and implement prevention and protection measures using customized Best Management Practices (BMP) to minimize and mitigate environmental impact from shooting range operations.

If your range faces permitting, zoning, noise, environmental, or other legal issues, we can help. Michel & Associates is perhaps the only law firm in the nation practicing firearms, land use/environmental and insurance law. Our many clients include the National Rifle Association (NRA), the California Rifle & Pistol Association (CRPA), numerous shooting ranges, firearms manufacturers, distributors, retailers, and owners. We also represent major corporations and individuals in environmental lawsuits and firearms-related regulatory compliance matters.

Noise:

As residential development encroaches on shooting ranges, noise complaints are increasingly common. The NRA and the CRPA were instrumental in getting the California Legislature to pass a law that offers protection to ranges against noise abatement proceedings and litigation. California Civil Code section 3482.1 immunizes many shooting ranges from private nuisance actions based on noise complaints. It also exempts shooting ranges from new changes or amendments to noise ordinances.

Insurance Issues:

Shooting ranges need to recognize that their most valuable asset may be old and/or current insurance policies. This is especially true if your range has been around for decades. We assist ranges in compiling a complete historical insurance policy profile and reference file. A historic insurance profile will make it much easier to protect your range in the future, should it become necessary. Historical insurance policies can literally be worth millions of dollars to a shooting range.

 Corporate Formalities:

Shooting ranges on leased land are particularly vulnerable to actions to remove them from a site. Michel & Associates advise clients on corporate structure, and revise corporate documents to maximize protection for shooting range officers, directors, members and personnel. We also assist ranges in negotiating lease extensions well before their expiration, utilizing range improvements for leveraging long term leases.