A Carroll County judge plans to visit Deep Run Rifle & Revolver Club Inc. near Union Mills before ruling on a lawsuit by some nearby residents who are seeking a court order to reduce the noise level.

Several residents testified when the trial began in January that they lived in peace with the gun range until several years ago, when the club started holding bowling-pin shoots and cowboy-action events that draw more contestants, last longer and produce thousands more shots a day.

"The trend throughout the shooting sports is [toward] these very dynamic activities," said club President David Reazin, one of several members who testified Monday. "This is very clearly the trend throughout the country."

Deep Run is the only club in the area that offers such events, Reazin said. Interest has waned in the target and trap shooting that have been offered for decades, he said.

"It would be very hard to return to unpopular activities that were dying out," he said.

Testimony ended yesterday in the nonjury civil trial, which began with several days in January and resumed Monday. Circuit Judge Luke K. Burns Jr. did not indicate when he might rule on the case, but both sides asked him to first visit the site on West Deep Run Road.

Burns denied a motion to dismiss the case by Thomas E. Hickman, who argued that state law exempts the club from noise and nuisance laws because it has existed since 1946.

"The issue is related to sound -- nothing more, nothing less. Whether from a gun club, a carousel, a swimming pool or a rock band is irrelevant," said Michael P. Darrow, the 22 residents' attorney, who called the level excruciating. A noise-expert witness from the state said decibel readings were the highest he had seen among numerous cases, including gun ranges.

"It's enough to drive someone nuts, in layman's terms," he said.

Hickman said no solution is apparent, "short of building an incredibly prohibitive indoor facility. [The club] has tried to be a good neighbor. We really are at a loggerhead on which we need the court to rule."

The lawsuit was filed one day before the July 1, 1997, effective date of a state law that protects gun clubs from such private-nuisance actions, Darrow and Hickman said.

Hickman argued that no evidence beyond that date should be considered, while Darrow said the unhealthy noise levels have been continuous since 1994-1995.

The case drew dozens of spectators yesterday from both sides.

Pub Date: 3/17/99