A heated dispute over Second Amendment rights and property use has come to light in Tennessee, where local gun enthusiast Josh, of Black Diamond Guns and Gear, faces a lawsuit from his neighbor for simply shooting on his own land. The story was recently highlighted by Curtis Hallstrom of The VSO Gun Channel, a firearms advocate who expressed both surprise and concern about the impact of the ongoing legal battle.
Private Shooting and Public Scrutiny

According to Hallstrom, Josh had been using his private property in Blount County, Tennessee, as a shooting range for personal use. The property is far from suburban life, surrounded by farmland and featuring a shooting range that Josh personally invested thousands into, ensuring it was built into a hillside for maximum safety. Despite these efforts, Josh’s neighbor objected to the noise from his firearms and filed a civil suit that’s now stretched on for four years.
The Neighbor’s Complaint: A Test of Tolerance?

The issue, Hallstrom explains, began simply with a noise complaint from a neighbor who allegedly doesn’t share Josh’s enthusiasm for firearms. However, rather than seeking mediation or a peaceful compromise, the neighbor launched a lawsuit aimed at shutting down the personal shooting range. Hallstrom emphasized that noise ordinances are not applicable in this rural part of Blount County, but the neighbor brought the suit claiming Josh’s use of firearms as part of his YouTube channel constituted commercial activity.
From Noise Complaints to Civil Action

Hallstrom described how the neighbor’s lawsuit took advantage of Josh’s YouTube presence by arguing that shooting videos for online content turned his property into a commercial shooting range, something restricted in a residential area. With Josh running a gun channel on YouTube, which is monetized, the neighbor saw a loophole to press the case in court. Hallstrom noted this move as clever but potentially damaging to landowners’ rights.
A New Precedent for Tennessee?

Hallstrom expressed concerns over the long-term implications of this case, as Tennessee has traditionally allowed residents the freedom to shoot on private property. He highlighted that this case could set a troubling precedent, allowing future lawsuits against gun owners for shooting on their own land, especially if they are in any way monetizing their activities. “This is setting a standard that could impact Second Amendment rights for anyone in the state,” Hallstrom said, noting the importance of observing the outcome closely.
Misconceptions About Commercial Activity

Despite the neighbor’s claims, Hallstrom clarified that under Tennessee law, Josh’s activities don’t meet the criteria of a commercial shooting range. For a range to be considered commercial, it would have to be open to public use and charge a fee for entry. Josh’s property, on the other hand, remains closed to the public, and any shooting done is solely for creating content for his channel, not for generating range fees.
Injunctions: Limitations on Private Rights

While the case progresses, a temporary injunction restricts Josh from firing weapons on his property in any way that might appear commercial. Hallstrom explained that the court’s temporary injunction was intended to maintain a balance while awaiting a final ruling. However, this restriction has limited Josh’s ability to post new shooting content for his channel, essentially curbing his First Amendment rights as well.
Private Property and Public Interests

Hallstrom voiced concerns that the neighbor’s lawsuit is not just a personal grievance but potentially a strategic attack against private gun ownership rights. He observed that the neighbor may have connections to anti-gun activism, using this case as a foothold to restrict firearms in a county that has been relatively free from such regulations.
A Closer Look at Tennessee’s Gun Laws

Tennessee’s gun laws are generally lenient, especially for rural landowners, and Hallstrom noted that these laws have traditionally allowed property owners to use firearms on their land without interference. The unique nature of this case, however, has raised questions about whether those rights are guaranteed if other neighbors or municipalities choose to challenge them in court.
Injunctions as Tools Against Property Rights

According to Hallstrom, while injunctions are typically temporary, they can serve as powerful tools in prolonging legal disputes. Josh’s case is an example of how injunctions can limit a person’s rights for years while a case remains unresolved. Hallstrom expressed concerns that such legal tactics could encourage further attempts to restrict landowners from using firearms on their property through prolonged court battles.
Community Involvement and Upcoming Trial

With Josh’s court date approaching, Hallstrom encouraged Tennessee locals and Second Amendment supporters to attend the hearing and observe the case. Hallstrom suggested that a strong community presence could remind the court of the local support for gun rights and private property rights in Tennessee, potentially influencing the judge’s understanding of the public’s stance on these issues.
Public Access and Commercial Status

Hallstrom further explained that Tennessee law makes a clear distinction between private and commercial shooting ranges, with private ranges meant for personal use and commercial ranges open to the public. This distinction is vital for cases like Josh’s, where any hint of public access or monetization could be misinterpreted as commercial activity, even if that’s not the intention or practice.
A Call for Awareness and Action

As this case progresses, Hallstrom warns viewers to consider how similar issues might arise in their own states or counties. He highlighted the case as a significant moment for Second Amendment rights, underscoring the need for gun owners and advocates to stay informed and support legal efforts that protect their rights to practice safe shooting on private property.
Will This Be a Win for Property Rights?

The Tennessee man’s case could define property rights for landowners across the state. The upcoming court date will reveal how courts balance noise complaints and personal freedoms under the law, setting a precedent that may resonate nationwide. As Hallstrom pointed out, “What happens in this courtroom could change the way we exercise our rights on private land.” For now, the outcome remains to be seen, but the issue itself highlights the complex interactions between community values, personal freedoms, and legal boundaries in a society that values both individual and collective rights.

A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa writes about homesteading, natural remedies, and survival strategies. Whether it’s canning vegetables or setting up a rainwater harvesting system, Lisa’s goal is to help others live more sustainably and prepare for the unexpected.