Vermont range owner opts to demolish range rather than serve time in prison

Vermont shooting range owner Daniel Banyai has started tearing down structures on his Slate Ridge range, rather than face an indefinite prison sentence. (Photo courtesy Danial Banyai.)

by Lee Williams

Daniel Banyai, who has been feuding with the town of Pawlet, Vermont over his 30-acre shooting range since 2013, has decided to demolish his private “Slate Ridge” range, rather than face an indefinite prison sentence.

Banyai, who also operates an organic farm at the same location, made the decision for the welfare of his animals, according to a statement from his lawyer, Robert K. Kaplan.

“Daniel Banyai has made the difficult decision to comply with the Environmental Court's contempt order out of necessity because he has livestock on his organic farm that must be tended to. Daniel could not make suitable arrangements for these animals to be cared for while he sits in jail for an indeterminate period,” Kaplan said. “Ultimately, Daniel was forced to put his responsibility to the animals ahead of the principles he has fought so hard for despite his willingness to lose his liberty in service to his cause. At the end of the day, Daniel was unwilling to allow innocent animals to become casualties of his conflict with the Town of Pawlet.”

In a story published last week, Kaplan explained that after their initial zoning efforts failed, Pawlet town officials sued Banyai in Vermont’s environmental court, which ordered Banyai to remove the unpermitted structures and earthen berms within 135 days. Banyai ignored the ruling, and in February the environmental court held Banyai in contempt of court. He has been racking up civil fines at the rate of $200 per day ever since.

“Respondent has demonstrated a willfulness, perhaps even an enthusiasm, for disregarding the Town’s Bylaws, this Court’s Orders, and the authority of the Judiciary,” Vermont Environmental Court Judge Thomas Durkin wrote in his February contempt-of-court order.

In his writ of mittimus — a type of arrest warrant — issued Thursday, Judge Durkin explained that he offered Banyai a “compliance schedule to give Respondent final opportunity to bring his property into compliance.”

“Respondent has failed to do so. As such, imprisonment is an appropriate coercive remedy in these circumstances,” Durkin wrote last week.

He ordered Banyai to be arrested and held in prison for an undetermined amount of time, until the range was razed.

“BY THE AUTHORITY 0F THE STATE OF VERMONT, any sheriff or constable in this state is directed to arrest Daniel Banyai, and remit him to the custody of the Commissioner of Corrections, to be thereafter confined until he or the Town causes the subject property to be brought into compliance with the March 5, 2021, Order, as described in the February 8, 2023 Contempt Order, to the court's satisfaction,” Judge Durkin wrote.

For Banyai, this was the biggest threat. According to the court order, he could have been held behind bars for months, if not years.


One of the structures on Daniel Banyai’s private shooting range before he began demolition last week. (Photo courtesy Danial Banyai.)
Federal lawsuit

Banyai has filed a federal civil rights lawsuit against the Town of Pawlet, Judge Durkin and 20 additional defendants. The lawsuit remains unaffected by his decision to demolish his range, his attorney confirmed.

The federal lawsuit alleges violations of his Second Amendment and Fourteenth Amendment rights.

Banyai is seeking injunctive relief in addition to “actual, nominal, punitive, compensatory, and consequential damages in an amount to be determined at trial.”

Last week, Pawlet Town Attorney Merrill Bent said in an email: “I do not have any comment on this zoning matter at this time.”

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I'm actually a bit shocked that our resident attorneys haven't commented on this.

I sure hope his federal suit has legs all the way to the SCOTUS if need be.
I don't know how an "Environmental Court" ruled on a zoning infraction which, according to the story, was unsuccessful.

And a Republican Governor signing a broad bill into law about "paramilitary training" ?!!
If that's how they got to this Banyai guy, I doubt any privately owned shooting range is safe in Vermont.

Here are more details linked from the article.

https://thegunwriter.substack....nt-range-owner-to-be

truth is "privately" owned and even "personal use" shooting ranges and for that matter just "practicing" on one's own land is under various "assaults" from a number of angles (even here in Texas).

Ordinances are being created at the various local authority levels , as well, FEMA, EPA, various state and local "environmental" "agencies" are attempting to impose new restrictions even on legacy ranges.

The "local" fights ,unlike this notable case, rarely are heard about even in the local papers.

Most individuals simply comply rather than fight.
Getting even a "private" range approved in most areas is far more difficult than it was even 5 to 10 years ago.

The NRA ( yes I know , generally the value of the organization is rapidly diminishing)
has perhaps the best set of plans, advice ,approach, that is available out there.

https://rangeservices.nra.org/

So if I buy land in the country and set up a bench and a berm and a target holder I can't just go out and sight in my rifles? I think for ranges that there might be some assured safe down range distance, but wouldn't that apply to taking shots at game too? Here in Iowa you can't shoot anything other than varmints, foxes, groundhogs, etc. with a CF rifle. For deer hunting shotgun slugs or muzzle loaders are it. Of course prudence dictates that you be sure of the target background before pulling the trigger, something like an assured safe distance beyond the target seems ludirous to e.

I am glad to finally see some discussion on this situation. I too and surprised none of our 'legal eagles' have had anything to say, especially since this is a guns/hunting forum.

The man in that article is in a FUBAR situation. No doubt other similar states will follow this.

In,Texas we have a good bit of protection. I attended several seminars while President of our gun club.

quote:

https://capitol.texas.gov/tlod...xt/html/SB00766F.htm

One issue with breaking down this case is there is not enough in the post to go on, and the Court’s opinion has not been provided.

On the surface he had an adjudication that would be mandated by statute. The Judge would act as both fact finder and arbiter of law. Judge made a written ruling with finding of fact.

Surprised we are seeing a direct action to Fed court. However, that is belt down bc before he could possibly speak this rebuking to Fed Court, all State Court remedies would have to be exhausted. Thus, file an original Fed action alleging some harm to a Fed right, and see if anyone bites.

Beyond that he is being held in contempt. Most common folks who fail to comply w Court orders/judgements can expect to be held in Contempt. This even sounds like Civil Contempt bc he has the keys to his own jail cell being comply.

He has chosen to comply. That is how it works.

Vermont Legislature could pass a law barring whatever statue/ordinance (uncles from post as being used for private ranges).

What you cannot do, as the post alludes, is Zone something out that is present before zoning. Of course, that would not be dispositive on a neighbor’s nuisance claim which is not presented in the post/fact pattern.

That is the best I can do.

No right is absolute. I wish my county had zoned to keep something out of my neighborhood. My property values do too.

I think the Fed lawsuit as presented in the post, should be dismissed on jurisdiction because it is really an appeal disguised as an Original Action. Again, state Court actions require the exhaustion of state Court remedies before the Feds can hear. Like I said, run it up and see if it gets saluted.