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Shooting On Property

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  • Shooting On Property

    Ok guys i been wondering if this is illegal or legal to shoot any firearm on your private property without getting into trouble??? I know a few people along with friends who have told me they shoot a few rounds in their back yard and or on there property prerioud! I ask isn't that illegal, with their replies is "NO" why would it be?

    I heard before it's dangerous because it can harm the "Public Safety" which i think is Bull!!! It's your own property i don't think anyone should tell you what your suppose to do.

    If anyone can help me out with this then please do. If it is legal then i'll be glad to head over there place and let a few rounds out :)

  • #2
    Re: Shooting On Property

    the laws vary by locallity (city, county and state). I'd say don't even try it if you live within ear shot of another home because even if you follow all the local regs, someone could still call the police and you don't want that hassle.

    Comment


    • #3
      Re: Shooting On Property

      Check with your local law enforcement agency.
      The Big Kahuna


      God Bless America

      Comment


      • #4
        Re: Shooting On Property

        The state of Florida does not prohibit the discharge of a fiream in a safe manner on personal property if it does not endanger others.

        That said, many cities and counties have local codes and laws which prohibit such.

        Most cities prohibit the discharge of a firearm within city limits.

        Many counties such as mine prohibit it unless you have a minimum amount of property or are in certain zoned areas. Many counties have prohibitions in platted residential subdivisions.

        My brother was shooting on our property in Holmes county and a neighbor (100+ acre lots) called the law and they arrived to inform her it was completely legal and that she needed to move to the city if she had a problem with it.
        Hope this helps, if not, oh well.

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        • #5
          Re: Shooting On Property

          so it is ok longest it's not toward the public?

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          • #6
            Re: Shooting On Property

            Again, you need to check local county/city laws. I do not recommend asking LEO since they are usually going to tell you that you can't even if you can.
            Hope this helps, if not, oh well.

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            • #7
              Re: Shooting On Property

              Great then will ask a officer at the TPD office.

              Comment


              • #8
                Re: Shooting On Property

                so Stainless, what is your opinion on 790.33? It states all count ordinances etc.. are null and void, and that the state has all jurisdiction pertaining to firearm law. Is "DISCHARGE of a firearm" not being listed in the pre-empted domain the reason why city and county laws exist?

                Fortunately for me, Brevard county has no ordinances other than the typical 'don't shoot on or across a county road' one. I don't lived within the limits of a city, so no worries there. I can shoot in my back yard, as long as I don't allow anything to cross my property lines. I don't shoot too often, just to keep the peace with the neighbors.
                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

                Comment


                • #9
                  Re: Shooting On Property

                  B,

                  While I agree that county cannot supecede state law. I would not recommend firing a gun in your backyard in Miami if the city has such a law. You may be in the right, but you may need to get a laywer to prove it. As I have said, I live in rural NW Florida and there are no such problems, here, but in some areas it may be worth looking into.
                  Hope this helps, if not, oh well.

                  Comment


                  • #10
                    Re: Shooting On Property

                    Originally posted by Stainless
                    Again, you need to check local county/city laws. I do not recommend asking LEO since they are usually going to tell you that you can't even if you can.
                    So true. More importantly, I would not count on them to actually know the ins and outs of purely legal matters. They're law enforcement, not lawyers, and this kind of stuff is very tricky.

                    Nonetheless, local ordinances are beside the point. There are very many of them, throughout the state, but this is what Charlie Crist when he was still the Attorney General of the state of Florida had to say about them:

                    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.
                    (http://myfloridalegal.com/ago.nsf/Op...25703C0071D2FB)

                    That is an advisory legal opinion by the state AG, very clearly stating that in his opinion, local government does not have the right to regulate this matter under the FL statutes. Be aware, though, that it is only an advisory legal opinion, which in itself does not hold the weight of law: it merely means that upon being asked by the Sheriff of Indian River County whether they could pass an ordinance of this kind, he opined that it probably would not hold up in court. That also means that in the AG's opinion, extant ordinances banning the discharge of firearms on private property are null and void, having been preempted by the FL statutes.

                    Then again, you can probably count on some noise complaints and those most definitely are enforceable. Unless you're shooting .22LR colibris, I'd count on getting in trouble.

                    It would, however, make a very interesting case to see if it would hold up in court. I would love to see someone challenge these unconstitutional ordinances.

                    I have to say, though, that even assuming that the practice is in and of itself legal -- if you can figure out a way to not break noise-ordinances and so on -- it seems like a hideously bad idea to me. It's not waht you do on your own property that bothers me. It's the fact that bullets don't necessarily respect your property boundaries and may very well end up on or in someone else's property. I'd be quite unhappy to find my neighbors bullets embedded in my walls, roof, or children. What kind of backstop did you have in mind?

                    Comment


                    • #11
                      Re: Shooting On Property

                      Mr. Coconut

                      Of course you are still responsible for where your bullets end up, just as if you would be while hunting, at a target range or anywhere else. I don't think anyone was proposing just shooting off a gun with no backstop or bullet trap of some sort, unless they have the mega-huge properties with hundreds of acres or something.

                      I have a small berm I use to stop .22 rounds and pistol rounds, but I don't feel comfortable shooting rifle rounds at it, cause I think a 3000fps round could bounce over it.
                      So I don't shoot rifle rounds at home.
                      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

                      Comment


                      • #12
                        Re: Shooting On Property

                        Concept: suppressed .22

                        :)
                        Dr John Meade
                        Director of Tactical Medicine
                        Suarez International

                        Click here for all my posted SI classes

                        Comment


                        • #13
                          Re: Shooting On Property

                          All depends, check up over me to be certain, but if it is not deed restricted, than you may

                          Comment


                          • #14
                            Re: Shooting On Property

                            Sarasota County law sez you can shoot on your property as long as your bullet does not leave your property. Additionally, you have to be concerned with a disturbing the peace complaint.
                            "What goes around, comes around ... ", sounds like good news to me.

                            Comment


                            • #15
                              Re: Shooting On Property

                              I only shoot on my property when provoked, and the bullets only leave when the body leaves. 8)



                              Unless we bury on site.
                              Hope this helps, if not, oh well.

                              Comment


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