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59 Gonz. L. Rev. 1 (2023-2024)

handle is hein.journals/gonlr59 and id is 1 raw text is: DAWSON GUN RANGE IMMUNITY: AN ARGUMENT AGAINST LEGALIZED NUISANCE AND NON-GOVERNMENTAL TAKINGS Match Dawson* ABSTRACT People exhausted by the increasingly fast-paced life and loud noises of the big city will often seek refuge in the solitude of quiet country living. Perhaps naive, the romantic thought of waking to the scenic views of an early morning sunrise burning an orange hue across the pasture or the sweet sounds of a Bachman's sparrow singing from the birdhouse placed neatly within view of the kitchen window is abruptly squashed when rural landowners fall victim to the excessively loud sport of outdoor firearm shooting. Protecting rural landowners' rights to the quiet use and enjoyment of their property has been a bedrock of American jurisprudence for more than two hundred years. State legislatures, however, saw fit to erode this once revered protection by seemingly favoring the advancement of corporate enterprise and urban growth through the passage of immunity laws that provide gun range owners with legal protection against noise abatement claims, thereby leaving landowners desperate for relief from the unwavering sounds of war that such gun ranges produce. Viewed positively, immunity statutes make excessive noise from a gun range a legalized nuisance. Viewed critically, immunity statutes result in the state sponsoring of non-governmental actors freely wielding unconstitutional private takings against rural landowners. This Article discusses issues faced by rural landowners, described herein as disregarded victims, who were living in their homes or operating a business Match Dawson, Esq., AEP®, CTEP, GAFM (Distinguished Fellow), Professor of Law, Faculty in Residence, St. Mary's University School of Law. The author wishes to express gratitude to his friends and colleagues, Professor Marks, Professor Pomeroy, and Professor Lampley, for illuminating the path of scholarship and academia. He also gives thanks to the editorial team at Gonzaga Law Review, with special appreciation to Editor-in-Chief Echo Fatsis and Managing Editor Jessica Herzer for their support and dedication to this Article. Lastly, the author wishes to thank his incredible bride, Dr. Lesha, for her love and support as they walk together through the remarkable journey of life. 1

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