TexasCHLforum.com

rotor wrote:The following is a quote from the owner who named the property “Black Creek Sporting Club” and incorporated it through an LLC.

“It’s just a shell company I created for asset protection and to limit liability,” Byatt explained. “I was thinking about someday renting it out to groups, or offering camping and canoeing.”

If I interpret the above correctly that's a business and he didn't have zoning permits to run a business there. I am not against his having a gun range but if your local area requires your "business" to have a zoning permit then you get one. I interpret his actions as a business. I wonder if he has a tax id number for his business. If you are going to rent it out you are a business.

As I understand the case, in Florida, the law states that local entities cannot regulate gun ranges, whether they are businesses or not. So the question of whether this was a business is a bit of a red herring for this case. Specifically, local government agencies cannot use zoning and code enforcement to prohibit one from operating a gun range. Worst case, they could go after him for not paying incorporation fees or business taxes, but it sounds like he followed the requirements to incorporate, and may well not have any business revenue / profits from the operation of this range. He did make some money renting guns, but that revenue was reported (and related taxes paid) through a separate business.

From my recent trip to Florida I learned that they have just as big of a problem, if not bigger, as we do with local entities flouting state gun laws. For example, in Florida, "no gun" signs of any type have no force of law, but I was warned strenuously by members of the Florida concealed carry forum that if my legal concealed carry was detected by the metal detectors / X-ray machines at the Disney parks, then they would call local LEO's, who would take you for the "ride". Apparently, this has even happened with out of state LEO's carrying under LEOSA. This whole story of this gun range sounds like the same type of situation.

rotor wrote:I personally am glad that the property owner still has his gun range but really, this was a business. He set up an LLC for liability protection and he charges money for shooting his guns. This was not a family gun range where you let a few friends come in. I have a family gun range, I let a few friends use it, I don't charge and it is not an LLC. The property is titled in mine and my wife's name.
I do like the idea that Florida penalizes government employees directly for improper posting and harassment of individuals. I also wish that I had the guns this guy has and that it would be legal to buy a modern automatic weapon just like I buy a semi-auto. Dream on.

Even a for profit gun range is protected from local code or regulatory enforcement per Florida's pre-emption law. I think the "regret" about forming an LLC is that it gave another agency a pre-text for trying to (unlawfully) regulate this guy's range. At least, that is my understanding of the situation. I could be wrong.