Sonoma County supervisors take small step in rural neighborhood dispute over private shooting range

Late last spring, piercing gunfire became a regular feature of life on a quiet rural road in Sebastopol, leading to viral Nextdoor posts, outcry from neighbors and the involvement of lawyers and multiple Sonoma County agencies.

Despite the disturbance, the Sonoma County Sheriff’s Office said the private shooting range set up on resident John Loe’s property was up to code and safety standards and was compliant with the county’s “small arm device ordinance.”

But a group of neighbors disagreed with the department’s interpretation of the code, namely whether language requiring a distance of 150 yards is meant to be measured strictly from residences or any part of nearby properties in use.

They asked the Sonoma County Board of Supervisors to step in and clarify.

After months of back and forth with residents, county lawyers and the permit and sheriff departments, supervisors voted unanimously Tuesday for a small step that would make it easier for residents to pursue legal action.

The resolution would add violations of the firearms safety zone law to the list of county code violations for which someone can bring a lawsuit and recoup attorney’s fees if they win, as is the case for transgressions of building and zoning codes and some public health regulations.

“This means that as an alternative to criminal enforcement or civil enforcement action by the County, an individual may file a civil action to address the violation and damage caused to them and their property,” a summary report from the County Counsel office said.

The ordinance will go into effect 30 days after passage.

The move reflects a delicate dance by officials to respond to residents’ concerns without wading into the always thorny gun rights issue.

“This provides a clear pathway that doesn’t infringe on the Second Amendment right,” Lynda Hopkins, Sonoma County supervisor for the district, told me.

Taking further action would require “intensive legal review” in that respect, she said, and modifying the county code would be a much longer process, especially with competing priorities.

“I definitely feel for the neighbors in terms of the impacts. It’s very clear to me that they do not feel safe, that they have no sense of peace in their homes,” Hopkins said. “This does open up options for them.”

While neighbors were hoping for more decisive action from the county, resident Tom Danaher said they’ve appreciated the time and energy officials have put in.

“It was not what we were expecting, but we’re pleased with the effort,” he said.

The group is keeping their options open for now, he said, and preserving both the option to sue their neighbor or try to compel the county to take further steps.

Danaher said recordings he’s made of shooting sessions captured bullets going beyond the property line, something he’s brought to the attention of authorities.

“No one feels safe,” he said. “We are at a loss to explain to our friends and family. ... Everyone is dumbfounded.”

“Its been an ongoing issue,” Deputy Rob Dillion, the Sheriff’s Office spokesperson, said Tuesday. “People have been frustrated for a long time about the shooting that people are feeling is unfair.”

Dillion said detectives are investigating further information that residents passed along.

“Technically, what he’s doing and what we’ve seen is that he is within county policy as far as shooting in rural areas,” Dillion said. “Whether the investigation turns something further remains to be seen.“

Loe called claims that his shooting is unsafe “ridiculous” and said he’s taken all the necessary and required precautions. He consulted land use planners and lawyers, has been visited by multiple county agencies and notifies the sheriff’s department before he shoots, he said.

“How many times am I supposed to be vetted and inspected? It’s disappointing that the county won’t stick up for people using their land rights,” he told me.

“If you don’t want industry and recreation, you gotta go somewhere where they don’t allow it.”

In the meeting Tuesday, Loe told the board of supervisors, “it seems like you’re making a law just for me.”

“A private right to action, as much as it seems an escalator, I think it’s a means to whether something can be addressed,” Supervisor James Gore said.

The dispute in this tiny corner of Sonoma County inevitably taps into larger fiercely entrenched debates about reforming or reinforcing gun rights against a national backdrop of near-constant gun violence.

“The whole country’s going through it,” Danaher said.

Like most questions that get near the hot-button issue, it will likely be decided in the courts.

“In Your Corner” is a column that puts watchdog reporting to work for the community. If you have a concern, a tip, or a hunch, you can reach “In Your Corner” Columnist Marisa Endicott at 707-521-5470 or marisa.endicott@pressdemocrat.com. On Twitter @InYourCornerTPD and Facebook @InYourCornerTPD.