07-03-2025
Injunction ordered against Auglaize County fish and gun club
Mar. 6—WAPAKONETA — A shooting range at the Auglaize Fish and Game sportsman's club has been ordered shut down immediately and is to remain closed until such time as numerous improvements to the club grounds and revisions to and documented enforcement of safety regulations are in place.
Auglaize County Common Pleas Court Judge Frederick Pepple issued a 10-page ruling to that effect Wednesday following a one-day trial to the court earlier in the week.
Brent and Janet Christler filed a civil lawsuit in October of last year asking that a temporary or permanent injunction be issued against the fish and game club, whose property at 15408 Wapak-Fisher Road abuts land owned by the Christlers.
The couple claimed that on multiple instances since 1998 stray bullets or projectiles from the club either struck their home or passed close to the occupants. The suit further alleged the fish and gun club violated Ohio law by failing to comply with safety guidelines generally recognized and accepted by the National Rifle Association
After hearing nearly nine hours of testimony on Monday, Pepple ruled in favor of the Chrislter couple.
A journal entry of the case stated that the Auglaize Fish and Game Protective Association "is hereby enjoined from operation of its shooting range ... and in order to continue operation of its shooting range must make and maintain" numerous changes as a condition of its continued use.
The judge required the following amendments to the club's safety plan, including:
—Members must log in and log out with dates, times and full names and addresses of all persons with them each time they use the range;
—Members who bring guests must agree to be responsible that those guests not fire any weapons;
—The club must enforce those and other safety rules;
—The club must make all of its records available to the Auglaize County Sheriff's Office upon request;
—The club shall, within 30 days of the judge's ruling, request the chief of the Ohio Department of Natural Resources' Division of Wildlife, to inspect the side berm of the shooting range and correct any deficiencies to gain compliance with the NRA Range Source Book. The court is to be notified once the berm is in compliance.
The fish and game club must permanently comply with the requirements and amend as applicable its shooting range or cease use of its range until such compliance is attained.
Regulations lacking
Pepple said the club's safety plan "fails to clearly identify penalties, sanctions or consequences for violation of range rules." He said there was no provision in place to ensure members were aware of a safety plan or had be required to read such a plan before using the range.
Janet Christler testified during the trial the couple filed their lawsuit after prosecutors said there was no criminal remedy.
"I had a new grandbaby living at my house and I told my husband we needed to do something. He contacted the (Auglaize County) prosecutor's office and was told there was nothing they could do and that it was a civil matter," she testified.
Citing existing case law in a similar incident, Pepple said an injunction was warranted because the plaintiffs have proven by clear and substantial evidence" that the fish and game club was operating its shooting range "without being in substantial compliance" with the Ohio Administrative Code.
"Such negligent operation ... has prevented the plaintiffs from fully enjoying the use of their residential property and, unless the nuisance is abated, will continue to cause such injury...."
Tannerite addressed
Also addressed by the judge's ruling was the alleged presence of tannerite on club grounds.
According to a report from the Auglaize Couty Sheriiff's Office, on Dec. 26, 2024, shooters on the fish and game club grounds illegally used tannerite, an explosive material designed to be placed behind a target and explode if the target is hit.
Pepple said testimony indicated an explosion could be heard a quarter of a mile away that day. Club members denied knowledge that anyone had used the substance on club property, but deputies investigating the scene "corroborated witness accounts of a loud explosion" and said tannerite residue was found at the scene.
Pepple, in his ruling, said he found claims of club members to be "not credible."
The Christlers were represented at trial by St. Marys attorney Zach Ferrall. Wapakoneta attorney Matthew Kentner served as legal counsel for the sportsman club.
In his closing statements, Ferrall said the presence of firearms demanded that the club be carefully scrutinized.
"This is a fish and game club. We as a public require the club to have high standards for something so potentially dangerous," Ferrall said. "The only solution for my clients is for shooting at that range to stop."
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