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regulations on shooting on your own property

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  • regulations on shooting on your own property

    I'm interested in what you can and can't do on personal property. Shooting handguns. Is there a certain distance from anoter lot, bldg. road. etc.

    How about air rifles, etc?

  • #2
    Re: regulations on shooting on your own property

    I was thinking exactly this during the weekend.

    Thx Pasquot
    Blessings,
    ΜΟΛΩΝ ΛΑΒΕ
    **Infidel**

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    • #3
      Re: regulations on shooting on your own property

      Contact your local Sheriff, as rules and regulations vary from County to County. Obviously, shooting off the balcony of your condo in West Palm :shock: is frowned upon, but shooting on acreage in more rural places may not be.
      Sky6Actual

      History does not entrust the care of Freedom to the weak or timid. - D. D. Eisenhower

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      • #4
        Re: regulations on shooting on your own property

        I live on 5 acres and shoot air rifles off the front porch, no biggy. I even use the bow off the font porch... But have lost too many arrows for now...

        I can and have shoot a shotgun here. I also use a pistol with rat shot in it for snake patrol. It is all legal here because we are not in city limits. We do have the city on all 4 sides of us, but we are still unincorporated county.

        If you are in city limits, even if you have 10 acres, I would still not advise it. Discharging a gun in city limits and all that fun stuff.

        Even though I am not in city limits, and I have the land for it, I unfortunately have neighbors (albeit unwanted ones) and I won't endanger them by shooting anything else here. I take it to the range.

        Now, if I was still living in my house in ND... Skeet range off the back porch... No neighbors for miles, OH **** YES... Just don't hit the LP tank!! BTDT and made the mistake of moving...

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        • #5
          Re: regulations on shooting on your own property

          Local ordances may vary, but here in Santa Rosa County it is no shooting in the "incorporated" city areas. Rural areas require a minmum of 3 or 4 acres (I forget) to have a personal shooting range. Check it out in you area. I only have a little over an acre and I will shoot a critter in my back yard.
          Hope this helps, if not, oh well.

          Comment


          • #6
            Re: regulations on shooting on your own property

            Had a neighbor shoot off a .22 in the back yard to close to my dogs. Asked the local consatble about it without going into detals, he said it depended on a lot of things like protective backdrop at the back of the lot and such. This is in city limits, small town, less than an acre. Depends on a lot of things.
            All people are born alike - except Republicans and Democrats.
            Groucho Marx

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            • #7
              Re: regulations on shooting on your own property

              Yes, that would be a question for the Sheriff's Office.
              God Bless America!

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              • #8
                Re: regulations on shooting on your own property

                Do not check with the Sherriff's office, they will say no. Check with the clerk of the court and the code enforcement department. If they are on-line, check the ordinances.
                Hope this helps, if not, oh well.

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                • #9
                  Re: regulations on shooting on your own property

                  I agree with Stainless. Unfortunately, most Sheriff's Deputies have little actual knowledge about specific laws. They kind of go on their gut instinct and hearsay. I'd advise you to NEVER take the legal advise of a police officer without checking his facts thoroughly.
                  T.A.N.S.T.A.A.F.L.

                  "A golf course is the willful and deliberate misuse of a perfectly good rifle range." - Jeff Cooper

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                  • #10
                    Re: regulations on shooting on your own property

                    Originally posted by mr. b
                    I agree with Stainless. Unfortunately, most Sheriff's Deputies have little actual knowledge about specific laws. They kind of go on their gut instinct and hearsay. I'd advise you to NEVER take the legal advise of a police officer without checking his facts thoroughly.
                    You can check ordinances all you want. The FL constitution has preempted any and all regulation on the possession and use of firearms in the state, with the exception of waiting periods for purchase.

                    Here is an opinion issued by Charlie Crist when he was still Attorney General:
                    Originally posted by Relevant bit
                    Thus, in addition to expressly preempting the field of firearm regulation to the state, the Legislature has enacted legislation making it a crime to discharge firearms in any public place, with specified exceptions. It is well settled that absent a general law stating otherwise, local governments have no authority to regulate firearms in any manner.[3] Attempts to circumvent this preemption of firearm regulation have not been allowed.[4] Thus, despite the county’s concerns for the health, safety and welfare of its citizens, it may not enact an ordinance regulating the use of firearms.[5]

                    Accordingly, it is my opinion that a county ordinance prohibiting the discharge of a firearm in proximity to persons or property when such discharge endangers the health, welfare, and safety of the citizens of such county would be preempted by section 790.33, Florida Statutes.
                    See here: http://myfloridalegal.com/ago.nsf/Opini ... 3C0071D2FB

                    That means that, in the opinion of the AG, even if there are ordinances prohibiting the discharge of firearms on private property (for example, in residential areas), they are legally null and void. You should, of course, do your own research prior to forming an interpretation of the law, but the statutes really are quite clear.

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                    • #11
                      Re: regulations on shooting on your own property

                      Thank you, Mr Coconut: I had a fealing there should be some type of state regulation covering this question. I appreciate you taking the time to look up the proper codes.

                      A job well done!

                      Comment


                      • #12
                        Re: regulations on shooting on your own property

                        Originally posted by pasquot
                        Thank you, Mr Coconut: I had a fealing there should be some type of state regulation covering this question. I appreciate you taking the time to look up the proper codes.

                        A job well done!
                        Why thank you. Again, check it out for yourself and make sure you know what the law says. Also Crist's opinion was an advisory opinion, which is not in and of itself binding in any way. It merely constitutes a statement from the AG to the effect that he believes that such an ordinance would violate the FL constitution and thus have no validity. As far as I know, no court has ruled on this and as such it is merely an opinion.

                        Seminole County, for example has this ordinance:
                        Sec. 165.31 Discharge of firearms on private property.

                        (a) It shall be unlawful for any person, unless exempted by subsection (b) of this section, to discharge a firearm or firearms in a repetitive or continuous manner on a parcel of land within five hundred feet (500') of a residence.

                        (b) Subsection (a) shall not apply to individuals acting in the line of duty as law enforcement officers nor to private individuals lawfully defending life or property nor to the operation of a firing range approved by the Seminole County Board of Adjustment or otherwise permitted under the Seminole County Land Development Code.
                        The other thing to keep in mind is that almost every institution in this state -- Fish and Wildlife has this listed on its website, for example -- believes that it is illegal to discharge a firearm within a residential area, even though I have not been able to find any law that prohibits it. If you get caught doing that, even though it appears to me to be a legal activity, you might well get arrested and the court case needed to determine the validity of the AG's opinion might well follow. Proceed at your own risk. They might, for example, charge you with brandishment.

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                        • #13
                          Re: regulations on shooting on your own property

                          Ahhhh, I remember the good ole' days when I could open my bedroom window and let the fur fly, no questions about the legality of touching off a few hundred rounds on my own property, never even had to think about it. Of course I had only one neighbor that was close by, maybe 300 feet away and not another one for at least a 2 mile radius. If "they" knew how much lead was out there in my back yard it would be considered a superfund site today.

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                          • #14
                            Re: regulations on shooting on your own property

                            The City of Palm Bay has this ordinance even when Crist was AG they has acted on it. They still have signs at the city limits of ever major road entrance that state " It is illegal to discharge fair arms in the City of Palm Bay"

                            Comment


                            • #15
                              Re: regulations on shooting on your own property

                              miami dade county has a population of 3 million people... so they had to give us a big *** park to shoot in so we would not do it in our back yards... we actually strong armed the county on that one.... :lol:
                              SI VIS PACEM, PARA BELLUM!!!
                              -Joe

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