"Rules about shooting guns are hard to enforce" - Florida


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eric.cartman
December 17, 2007, 05:31 PM
Please answer me this after reading:
1) Can I shoot my guns in my own backyard in FL?
2) Within city limits?
3) If not, where do I have to live in FL to be able to shoot on my own land?
4) How much land do I need? (The article claims there is no distance limit).

Thanks!

http://www.heraldtribune.com/article/20071008/NEWS/710080475

Rules about shooting guns are hard to enforce
By MICHAEL A. SCARCELLA

michael.
scarcella@heraldtribune.com
EAST MANATEE -- Brenda Haskins was watching TV when a bullet tore into her home, shattering a glass door and slamming into a kitchen cabinet. She crawled to a neighbor's house, fearing she was a target. Sheriff's deputies raced to the neighborhood.

The shooter was not a sniper but a Naples woman who had fired three 9 mm rounds into the woods from the backyard of her mother's home. Adrienne M. Mitchell was charged with unlawfully shooting a gun in public.

Mitchell, 22, was punished with probation and community service. She apologized, telling deputies she could have killed someone.

Shooting a gun in public is a crime in many scenarios, and the Mitchell case reveals how a shot into the woods can terrify a neighbor on the other side. Haskins' home in River Club is less than a mile from where the gun was fired. She never heard the shot.

"When you shoot a gun, the bullet has to go somewhere," says Haskins, 53, who was near her kitchen that evening in August 2006. "Common sense has to enter into it."

Prosecutors are aggressive in filing charges against shooters who fire in backyards. Allowing residents to shoot in yards is a threat to public safety, the state says.

But applying the public-shooting laws to all backyards is dangerous because yards are not public, says a defense attorney in Bradenton who is challenging the law. A court battle in Manatee County seeks to resolve the issue. The sides will square off this week in court.

In the past two years, only a handful of people have been charged in Manatee County for shooting a gun in public. The cases have been brought against shooters in neighborhoods.

In one case, the state dropped the charges against a Bradenton man who fired a shotgun defending his home and a friend from an intruder.

In a pending case, Marlon Castellanos fired two shots in his backyard in the 1500 block of 19th Avenue West in Bradenton. He told police he was upset about losing a soccer game.

Castellanos, 32, was booked on the charge of unlawfully shooting a gun in public. But the state recently dropped the charge and applied a different one: a Bradenton ordinance that makes it a crime to shoot a gun anywhere in the city except at a range and in self-defense.

The ordinance is more restrictive than the state law.

A homeowner, the state law says, is allowed to fire a gun on private property as long as the bullet does not cross over a house or over a public street. Florida's public-shooting law does not address a shooter's distance from one house to another.

In Ellenton, Joe Forestandi's home is hundreds of feet from Ellenton-Gillette Road and from his neighbors' houses. A forest begins where Forestandi's backyard ends. There is undeveloped land on the other side of the woods.

Forestandi, 36, is being prosecuted for shooting a handgun behind his home. He says he fired once into the ground. The state says there is no evidence to prove what happened to the bullet.

That is in contrast to the case against Mitchell, the Naples woman who fired into woods in East Manatee. The bullet she fired struck a home.

Sheriff's deputies were in Forestandi's neighborhood investigating a burglary early one morning in February when officers heard a shot.

"Now, when you saw Mr. Forestandi, he was in his backyard, correct?" Forestandi's attorney, Mark Lipinski, asked a sheriff's deputy in a deposition last month.

"That's correct," the deputy, Willie Finklea, said.

"He wasn't in a public place, was he?" the attorney continued.

"Not according to that statute, not that way, no," Finklea responded.

Finklea says Forestandi appeared drunk. But the state did not file a charge of shooting while intoxicated.

But that charge is in play and could be filed if the state drops the public-shooting accusation against Forestandi, who has denied being impaired when he fired his 9 mm handgun.

Finklea says Forestandi's speech was slurred and his breath smelled like alcohol. Officers found five or so beer cans in the home. But Finklea did not ask Forestandi when the beer had been consumed.

Proving that Forestandi was intoxicated when he fired the shot would be challenging for the state.

The easier charge to prove -- the public-shooting allegation -- is turning out to be the hardest one to defend.

Haskins says she wants shooters to think twice before pulling the trigger.

The emotional trauma brought by the bullet that ripped into her home has faded. The fact someone was charged quickly, and punished, eased her nerves.

Just last week, Haskins got a check in the mail, compensation for the damage the bullet caused.

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MakAttak
December 17, 2007, 05:53 PM
The shooter was not a sniper but a Naples woman who had fired three 9 mm rounds into the woods from the backyard of her mother's home. Adrienne M. Mitchell was charged with unlawfully shooting a gun in public.


Shooting a gun in public is a crime in many scenarios, and the Mitchell case reveals how a shot into the woods can terrify a neighbor on the other side. Haskins' home in River Club is less than a mile from where the gun was fired. She never heard the shot.


9mm... Far enough away she couldn't hear the shot.

Someone with more ballistics knowledge than me want to comment on this? Seems to me she'd have had to be shooting UP into the woods in order for it to hit another house...

never_retreat
December 17, 2007, 06:18 PM
a mile? She sure lobbed that one in.

TX1911fan
December 17, 2007, 07:02 PM
Forestandi, 36, is being prosecuted for shooting a handgun behind his home. He says he fired once into the ground. The state says there is no evidence to prove what happened to the bullet.

Seems to me that if the state is admitting there is no evidence to prove what happened to the bullet then they have lost their case. The defendant does not have to provide the bullet did NOT cross the property line, the state must provide that it DID. If they can't, the lose.

GuyWithQuestions
December 17, 2007, 07:36 PM
I think this all ties into one of the basic firearm safety rules, be sure of your target and what's behind it. I think that the reason why most cities say you can't fire within city limits even if it is inside your house or in your own yard is because stray bullets can go farther than just your own property, making it a city issue. Everyone has had shots that have greatly missed their targets at some point in their life, no matter how good of a shot they are. I think that cities just pass laws like this so that they don't have to worry about arguing if you're a good shot or not. People who shoot within city limits make responsible gun owners look bad when unintentional consequences happen, so I wouldn't recommend it. There's already enough people who hate guns as it is, we don't need to further that. I don't know about Florida, but where I live most counties allow you to shoot as long as you are so many feet away from city limits, and 600 ft from building structures and roads (unless you own your own building or private road). The exception is if it's posted no shooting (some popular hiking trails will say no shooting for obvious reasons). Florida may also be a sticky situation, because it doesn't have mountains as a backstop for bullets. In the state I live in, you don't need any set land, as long as you are so many feet away from city limits, building structures other than your own, and public/others' roads.

divemedic
December 17, 2007, 08:06 PM
1) Can I shoot my guns in my own backyard in FL?
depends. as long as the bullet does not cross over a paved road or an occupied dwelling, and as long as it does not hit someone, or if you are on land where hunting is allowed by the bunny cops, you appear to be legal.

2) Within city limits?

I am not sure if the city can prohibit that through an ordnance. See 790.33(1) which reserves firearms laws to the state.

3) If not, where do I have to live in FL to be able to shoot on my own land?
see above

4) How much land do I need? (The article claims there is no distance limit).
see above




The Law:

790.15 Discharging firearm in public.--

(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.

dogrunner
December 17, 2007, 08:27 PM
Then Atty Gen, now Gov. Charlie Crist addressed this very issue in an AGO official opinion directed to a County that wanted to specify regulations dealing with everything from type of projectiles permitted to amount of property needed to discharge a firearm. I don't happen to have the opinion in front of me but it's available from the AGO's site.....generally he replied that no County or CIty may regulate firearms in any manner than as outlined in State Statute, in essence Florida's preemption law forbids such legislation by any entity other than the State itself.

With a safe backstop likely you'd be within your rights but in a densely populated area you are just asking for problems. I have little doubt you'd experience "visits" from various officials and might just have to defend yourself from civil actions and probably a lotta noise complaints.....

gym
December 17, 2007, 08:33 PM
There's Florida, like SE Florida, then there's the Florida, which is more rural like Upstate NY and Manhattan NY. Upstate we had family who had a hotel in Fleishmans NY, you could shoot anti- aircraft guns up there and no one would bother you. But not In NY city, the 5 Boroughs. I had a carry there and now a days, if I was still there, I wouldn't qualify for it anymore. I heard you have to show 50, grand in cash transactions per day, was 5 when I had mine. So unless you have an ATM route or own a Walgreens, you ain't gettin one. anyway can't shoot in Palm Beach, Broward, or Dade, Counties, unless you're at a range . Or someone needs to be shot.

eric.cartman
December 17, 2007, 09:29 PM
anyway can't shoot in Palm Beach, Broward, or Dade, Counties, unless you're at a range . Or someone needs to be shot.

Is that by law? Or oppinion?

I live in Broward. Are you sure?

mekender
December 17, 2007, 09:57 PM
i grew up in Seminole and Orange... i promise you that regardless of preemption, the county WILL prosecute for discharge of a firearm within city limits... as for the south counties mentioned above... there are rural areas of ALL of those counties, and you most certainly can shoot there... ive done it myself dozens of times, and even done it with FHP, and M-DPD officers participating... now, you fire inside miami, west palm etc... you are gonna get in some trouble...

Gunnerpalace
December 17, 2007, 10:02 PM
I think we can ALL agree 4 rules, KNOW WHAT YOUR TARGET IS AND WHAT IS BEYOND IT! Yes I did that on purpose, if you fire a bullet in your yard and it goes into your neighbors house and kills them you go to jail, it is not your neighbors fault for walking in the living room when they should be in the dining room it is your fault for breaking the rules and blasting away.

Oh and obviously drinking and shooting don't mix.

divemedic
December 17, 2007, 10:31 PM
i promise you that regardless of preemption, the county WILL prosecute for discharge of a firearm within city limits..

Any case numbers? Statute numbers? Ordnance numbers? It is my belief (and the belief of several attorneys that I have spoken with) that such a law would not pass muster, due to preemption.

mekender
December 17, 2007, 11:36 PM
Any case numbers? Statute numbers? Ordnance numbers? It is my belief (and the belief of several attorneys that I have spoken with) that such a law would not pass muster, due to preemption.

nope, not off the top of my head... but growing up there, you constantly heard news stories of people getting charged with "discharging a firearm within city limits"

790.15 Discharging firearm in public.--

(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.

guarantee that public place is interpreted by the county... ahhh yes, orlando city ordinance....

http://www.municode.com/resources/gateway.asp?pid=13349&sid=9

Sec. 43.38. Weapons--Discharging Firearms.
It shall be unlawful for any person to discharge any firearm within the City limits except at a place lawfully established or set aside for such purpose.
(Code 1948, § 62.28)

winter park

Sec. 62-51. Weapons--Discharging firearms.
(a) It shall be unlawful for any person to discharge any gun, pistol or other firearm within the corporate limits of the city.
(b) The provisions of subsection (a) of this section do not apply to the following:
(1) Members of the armed forces of the United States or law enforcement officers, when performing official duties as such.
(2) Persons engaged in their legal rights of self-defense or defense of property or defense of others.
(Code 1960, § 18-38)
State law references: Local regulation of firearms, F.S. § 790.33.

Sec. 62-52. Same--Airguns, slingshots.
It shall be unlawful for any person to discharge any airgun, slingshot or slungshot within the corporate limits of the city.
(Code 1960, § 18-39)

Altamonte Springs

Sec. 12-12. Firearms; air guns.
It shall be unlawful for any person to discharge any gun, pistol or other firearm, or any air gun or slingshot, in the city.
(Code 1958, § 12-7)

winter springs

Sec. 11-5. Discharging or brandishing firearms.
It shall be unlawful for any person to fire a gun or a pistol in any street, lot, public square or other place within the limits of the city, unless authorized to do so by the chief of police or other police officer.
(Code 1974, § 9-76)

Oveido

Sec. 30-2. Discharge of firearms.
It is unlawful for any person to fire a gun or a pistol in the streets, vacant lots, public squares or other places within the limits of the city, unless the person is duly authorized to do so by the authorities of the city or is a law enforcement officer in the line of duty.
(Code 1972, § 13-10; Code 1996, § 30-2)
State law references: Discharging firearms in public, F.S. § 790.15.

all taken from www.municode.com

i also checked Sanford, and couldnt find any statutes... so that is 5 of the largest cities in orange and seminole county that have such ordinances... and several that even prohibit air guns...

divemedic
December 18, 2007, 07:39 AM
Look at this law, and you will see that those City Ordnances are null and void:

(1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

The state law against firing in a public place states in a public place, not "in view of the public." That would exclude private property. If it did not, outdoor shooting ranges would be illegal.

The only place I could find "public place" defined in State law was in the following. Granted, it is not specific to the statute at hand, but since the term is not defined anywhere else, an attorney should be able to make a strong argument:

876.11 Public place defined.--For the purpose of ss. 876.11-876.21 the term "public place" includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority.

another okie
December 18, 2007, 09:55 AM
I don't even live in Florida, but this text on preemption:

"including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances "

doesn't mention actually firing the firearm, so I guess the city could argue that it has the power to prohibit discharge within city limits.

mekender
December 18, 2007, 04:33 PM
good catch, i didnt even notice that the FL preemption statute doesnt mention firing or discharging... only sale and possession related stuff...

Look at this law, and you will see that those City Ordnances are null and void:

and if you are so sure, go try it... i promise that the legal battle will be up hill... and even if you are right, youll still be out thousands of dollars in legal fees

Sage of Seattle
December 18, 2007, 04:46 PM
PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto.

Makes it a little harder to argue against "the whole field."

Sage of Seattle
December 18, 2007, 04:48 PM
Double tap.

mekender
December 18, 2007, 05:19 PM
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=firearms&SubMenu=1&URL=CH0790/SEC33.HTM&mode=View%20Statutes

(b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.

it is clear that the law is intended to establish uniform laws regarding possession, sale, transfer manufacture etc... this law does not regulate USE of firearms... again, i assure you that you will be prosecuted, and that even if you win, you will be out thousands of dollars in legal fees... if you loose, you are most likely loosing your 2A rights

Wes Janson
December 19, 2007, 12:03 AM
Take a look at Ellenton-Gillette Road, and the land on either side:
http://maps.google.com/maps?hl=en&ie=UTF8&ll=27.537044,-82.52346&spn=0.073215,0.1157&z=13&om=1

There are plenty of places along there where one could have thousands of feet of empty property behind the backstop.

I know people who shoot on their own property in the county, and who have been visited by deputies called out for reports of gunshots. In the instances I'm aware of, nothing was ever done other than to confirm that shooters were acting safely. In all likelihood the alcohol issue probably was the real reason for the arrest of Mr. Forestandi.

Bradenton proper is almost totally developed. You're not going to find any safe impact areas to shoot into short of firing into the river, which is a Bad Idea. There are only two ranges I know of within (or on the edge of) the city itself, neither of which are open to the public. Thus, anyone shooting inside city limits is probably acting in a reckless manner to begin with.

iiibdsiil
December 19, 2007, 01:46 AM
So blowing a couple rounds off into the ground on the 4th of July isn't illegal? Technically at least...

dogrunner
December 19, 2007, 11:24 AM
FYI: The AGO opinion I referenced in my post is: AGO 2005-40.....titled County ordinance re discharge of firearms.


The post is addressed to Roy Raymond, Sheriff, Indian River County


The AGO opinions CARRY THE FORCE OF LAW until and unless reversed by a court. Therefore if either Orange or Seminole (or any other Florida jurisdiction, for that matter) wishes to charge one with a crime they would have to defeat that opinion in an expensive legal process....Usually AGO opinions are upheld with little comment.

Opinion in part:

"It is well settled that absent a general law stating otherwise, local governments have NO authority to regulate firearms in any manner....Attempts to circumvent this preemption of firearm regulation have not been allowed. Thus, despite the county's concern for the health, safety and welfare of its citizens, it may NOT enact an ordinance regulating the use of firearms"

gym
December 19, 2007, 12:10 PM
The news channels come on every yearand say that firing a wepon , in those counties is illegal. You can probablly call the town "city hall" if you want to be positive. Most of the ranges are gone also, Shooters emporium has been gone for years, I only know of one in Del Ray, and one in Pompano, "Revere", that was the one I used, haven't checked latelly. There isn't as much intrest from what I see. I live in the same house for 15yrs, and it's not like other states, at least in Broward/Palm Beach. Very transient here, when I owned the Gym, in Deerfield, I was able to see how transient it was, most folks had moved by the time thier membership was up.Here is what I found "the short version"
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.

Sincerely,

Charlie Crist
Attorney General
This is from 05

ceetee
December 19, 2007, 03:07 PM
Back in the 80's, ny buddies and I used to go to a little road that branched off Alligator Alley, round about mile marker 49-50. This little dirt road used to follow the drainage canal north, and a couple miles up there was an area where the folks that graded this road had piled up a buncha dirt into these great huge berms, with a largish flat spot in front. Tons of people used to go there and shoot into the berms, as the only thing on the far side of the berms was mile after mile of Everglades.

The last time we were out there, a Collier County Deputy Sheriff pulled up just as we were packing up to go home. He told us then that there was a county ordinance against shooting anywhere except at an actual range, and that if he ever caught us there again, he'd take us all in. I've never heard of any place in the tri-county area where shooting is tolerated except at an actual range. Sad, too, because all the ranges where I live (Palm Beach County) make you buy their ammo to shoot.

Chester32141
December 20, 2007, 02:28 PM
I live in Volusia County (Daytona Beach) ... I'd love to find a good place to shoot. There is Strickland, which is an outdoor range but generally very busy, an indoor pistol range in Holly Hill that I'm pretty sure is no longer open and an unregulated outdoor range in Edgewater where the cost to join is a $250 buy-in plus $15 a month thereafter ... sounds a little steep when you consider that there is no promise that the rates won't go up or the place close down ... anybody in this area know an outdoor area where a guy can go to fire a few rounds ? Or, is the price of $250 + $15/ month a good deal ?

dogrunner
December 20, 2007, 04:57 PM
Well Chester, I live in VC too. The HH indoor is still open, Stricklands is in operation and the Edgewater range is too, last I heard.

Other than those, unless you know someone that has land you are out of luck....The Ntl. Forest range off FR 88 in Ocala NF is open except for Wed's....other than that nothing I know of.....

I've heard a lotta negative comments about the ROs at Stricklands, personally I just WON'T bother with it based on personal experience there. You might try the Fla. shooters net to see if anyone else has any info....if you do please post it.

Chester32141
December 20, 2007, 06:01 PM
Nice to meet you Dogrunner .... I live about 8 mi from the range in Edgewater ... I'm going to talk to the owners and see if I can't work out some kind of per visit charge ... it's a decent outdoor range, seldom crowded and no RO ... I heard about a range in Merrit Island but that's 50+ mi from me ... If I find anything I'll let you know ... Chester

HOME DEPOT GEORGE
December 20, 2007, 08:24 PM
I live in Merritt Island and there are no outdoor ranges, just The Gunsite indoor range that I like to shoot at( good prices and he sells atlanta arms reloads at a good price) and the police range by the astronaut hall of fame (also indoor). The titusville gun club is supposed to be nice but the hours are wierd. The onlt outdoor range we ever had closed, it was at Carrs park and they closed it because of lead. I guess they dont realize that there are millions of fisherman using lead weights every day hell I've got 450pounds of lead weights in my garage as we speak.

mekender
December 21, 2007, 07:34 AM
for those of you in brevard and volushia, there are probably only a couple of outdoor options...

youve got Central Florida Rifle & Pistol Club over in orlando... and i know that there are several hunters education ranges up near ocala....

but ive got a good buddy that is a RO over at central FL... its a nice place...
http://www.cfrpc.com/

HOME DEPOT GEORGE
December 21, 2007, 02:16 PM
mekender have you ever been to indian river shooting range in fellsmere. Awesome place, they have an airgun range,archery,pistol,200 yard rifle and trap and skeet.

mekender
December 21, 2007, 02:48 PM
nahh, i grew up in east orange county... so between the central FL club, and various private properties in the bithlo/christmas area, i never needed to travel very far... all of my indoor needs were met at the oakridge gun range in orlando

BogBabe
December 26, 2007, 11:04 PM
I live in southwest Florida about an hour south of Bradenton, and well outside the nearest city limits. We're fortunate to be able to shoot on our own property, or our neighbor's (with standing permission).

About mid-morning on Christmas day, we went out to do a little shooting -- my daughter and her boyfriend were visiting, and the boyfriend had brought a couple of new guns he wanted to try out. The sound of gunfire resulted in a visit from one of the neighbors, not to complain about the gunfire, but to see what guns we were shooting, and let us know he and his son would be shooting later that day if we wanted to join them.

Gotta love my neighborhood and my neighbors. :)

nolo_gatillo
September 4, 2008, 09:17 PM
I stay in ocala, close to dunnellon, I shoot every other day in the woods like everyone else, but when we want to shoot heavy we go to williston, they do have heavy heavy woods never had anyproblems.

Curator
September 4, 2008, 10:01 PM
Each County in Florida has their own rules. Generally if your property is zoned "agricultural" you can shoot on it as long as you keep the bullets on your own land. The only time shooting is a problem is if the bullets leave your property. Many counties have an exemption for indoor shooting ranges--again this is related to containing bullets and noise.

Most Florida cities have ordinances against the discharge of firearms that includes air-guns, bow & arrow, and even sling-shots. There is a big difference between cities and the country-side. Unfortunately this does not keep our hispanic neighbors from shooting rifles into the air for family and national (?) holidays, and you know those bullets come down somewhere.

kentucky_Dave
September 4, 2008, 11:05 PM
Fl Statute 790 does not specifically outline separation requirements or parcel size (that I can find).

Our County (Palm Beach) does outline the prohibited areas of the county (they have a crappy map available that outlines the boundary) and they specify a minimum separation of 300 yards from any structure.

That rules out the majority of the county since the land not urbanized is either wildlife refuge, preserve or owned by the giant sugar corps (who are real $%^&* about walking on the land they are using, planted or not)

That said, look for the local rules and regs.
First County, then local municipality.
It's a p.i.t.a.

No person shall discharge a firearm east of the boundary described in Exhibit "A" at: ached hereto and made a part hereof. Further, no person shall discharge a firearm west of said boundary within three hundred (300) yards of any structure.

The prohibition set forth in Section 2 above shall not apply to a person lawfully defending life or property or performing official duties requiring the discharge of firearms. Further, this ordinance shall not apply to the discharge of firearms within the confines of approved and licensed shooting ranges as provided for in Article 6 of the Palm Beach County Unified Land Development Code, law enforcement agency ranges, existing commercial and private shooting ranges and gun clubs, and official hunting areas. The prohibition is also not applicable to the discharge of shotguns utilizing shotshells on land which is zoned agricultural and which has a minimum parcel size of five (5) acres so long as no discharge of firearms is conducted within three hundred (300) yards of any structure situated on another's property. Further, the discharge of blank or non-lethal shells or cartridges is not prohibited by this ordinance.

divemedic
September 5, 2008, 06:06 PM
http://www.nvnews.net/vbulletin/images/smilies/zombie_suit.gif

zombie thread

bubba1
September 7, 2008, 11:24 AM
Go read the preemption statute - there is no exception allowing counties or cities to regulate the discharge of firearms. I'm not aware of any test cases, but here's an opinion from the attorney general on the subject:

http://myfloridalegal.com/ago.nsf/printview/139E3CDB585ECC308525703C0071D2FB

Blackbeard
September 7, 2008, 11:54 AM
I don't believe this story for a minute. Everyone knows that 9mm won't even penetrate paper past 50 yards.

;-)

Ed N.
September 7, 2008, 07:05 PM
This is an old thread. The original newspaper story the OP included was written in Oct 2007.

So - does anyone know how the case turned out?

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