Firing Blanks

Our interpretation doesn't really matter. What your local judge thinks matters the most.

Yeah, that would be a question for your local police department that will more than likely be called. (not that you're actually doing it)

In a no-shooting zone, odds are that the noise from a blank will be treated as though it were from a real cartridge, a proof of illegal shooting.

In Florida, the discharge of a firearm in certain residential areas, not in defense of life and/or property, is unlawful. There is no exception for a firearm loaded with blanks. In fact, a starter pistol is included in the state's definition of a "firearm." In residential areas in which the homesites are typically greater than one acre, the discharge of firearms is usually lawful, provided it is without negligence, recklessness, or carelessness, and no projectile crosses a public right-of-way or enters the property of another.

Yes, you are "discharging" a firearm, per the letter of the law (though, technically, one could say you're discharging the cartridge.) There is no requirement that a solid projectile come from the muzzle for a gun to be considered being "discharged." After all, quite a bit still bursts from the muzzle when even a blank is fired.

^^ I edited post 5 right after you "liked" it. See the last line. Remember, you would still pass a GSR test, if any law enforcement agency took it to that level.

Good Ol' Boy wrote:
...if firing blanks in a "no discharge" zone would be considered illegal.

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What does the particular statute you are wondering about say? That's ultimately what determines whether it would be illegal.

I edited the last part, about there not needing to be a solid projectile to constitute a "discharge." I added the part about quite a bit still bursts from the muzzle when even a blank is fired. Not sure if that was after you had seen the post.

Remember that actor Jon-Erik Hexum was killed by a blank-firing handgun. That gun most definitely was discharged.

BTW, I used to have "marital relatives" in Mechanicsville (my sister's in-laws at the time.) Real nice town back then...in pretty country. I expect it still is.

Yep. I'd love to be able to walk outside during such holidays and point a blank-firing gun in the air to celebrate. The people around me spend a LOT of coin on fireworks; it sounds like Luhansk or Donestk, eastern Ukraine, in my neighborhood right now, and none of it is legal in Florida.

Good Ol' Boy asks:

Can you back up your claim to your "not needing a solid projectile to be considered discharged"?

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Not in Virginia law. The fact that a starter pistol is considered in Florida to be a firearm, and that no definition of the "mechanics" of a firearm-discharge is spelled out in Florida legal definition, keeps me convinced that, when the discharge of a firearm is prohibited, the discharge of a starter pistol is as well. The law regarding the prohibition of discharge within residential areas (<1 acre homesites) is relatively new, so I don't know if any issues have surfaced with the use of starter pistols for actually starting a race or other track event within such areas. To be honest, most track events these days are started with digitally-recorded stimulant sounds, anyway.

Incidentally, one of the biggest importers of blank-firing guns is here.

I wonder if you could get a permit for making a movie or something for that one day and have all your friends over to shoot blanks. I mean they get around it somehow.

In many cases, the law does not consider the actual situation, but someone's perception of the situation. For example, if I hold up a store with a dummy gun, it is the same legally as if I used a real gun, since I put the victim through the same degree of fear as if the gun were real. I am pretty sure that would be the rule here - it is not what I say the object is, but what the victim believes it is. And I will probably go to jail, still arguing

Jim

Good Ol' Boy said:

It got me to thinking about blanks. My LGS sells them in 9mm and I/we are wondering, just out of curiosity, if firing blanks in a "no discharge" zone would be considered illegal.

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Good Ol' Boy said:

I realize you said "treated as though", but how does a blank transpire to "proof of an illegal shooting" when nothing has been discharged?

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The firearm has been "discharged".
The fact it's a blank makes no difference.

Neighbors hear a gunshot. Call the cops, reporting it in the belief that it was All Real. Cops show up. Odds are that it will be treated as an illegal gunshot. "Tell it to the judge." "You can beat the rap but you can't beat the ride."

Art Eatman said:

Neighbors hear a gunshot. Call the cops, reporting it in the belief that it was All Real. Cops show up. Odds are that it will be treated as an illegal gunshot. "Tell it to the judge." "You can beat the rap but you can't beat the ride."

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Just playing devils advocate here, what proof exactly would they have that he fired the gun in his back yard or whatever as opposed to someone else in the area?

Well, despite knowing what curiosity got the cat, I went here: https://library.municode.com/va/hanover_county/codes/code_of_ordinances?nodeId=COCO_CH24WE
And found this:

Sec. 24-4. - Discharging weapons in or along roads, etc.

If any person discharges or shoots any firearm or other weapon in or along any public road or street or within one hundred (100) yards thereof or within one hundred (100) yards of any building occupied or used as a dwelling or place where the public gathers, not his own dwelling or residence, except in the lawful defense of his own person or property or that of a member of his family, he shall be guilty of a Class 1 misdemeanor.

(Code 1964, § 10-3)

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Which makes no mention of projectiles, which kiboshed that "out."

A bit further down, there is this (which we might construe communicates some intent of the drafters of the laws):

Sec. 24-6. - Sale, delivery, etc., of toy firearms discharging blank or ball charges.

(a)No person shall sell, barter, exchange, furnish or dispose of, by purchase, gift or in any other manner, any toy gun, pistol, rifle or other toy firearm, if the same shall, by means of powder or other explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.

(b)Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols

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This, however, might wind up being the controlling Ordinance:

[quote[Sec. 16-2. - Declaration of policy.

It is hereby declared to be the public policy of the county to promote an environment for its residents free from noise that jeopardizes their health or welfare or degrades the quality of life.

(Ord. No. 09-28, 6-9-10)[/quote]

However, neither 16-7 or 16-8 specifically call out firearm blank discharge as a prohibited noise (although the decible level probably exceeds those allowed in the table in 16-10.

Which likely menas we then refer back to 24-4

So, looks like not having a projectile is not a consideration.

(In case of curiosity, in the last decade, one of the required Arts in architecture is the ability to plow through Municode with some efficiency; which is also necessary if one is to be an ICC contributor, too--sigh)

Where I used to live in Michigan, blanks were just as illegal as live rounds. Only thing blanks did was to give the user peace of mind that he wasn't dumping projectiles on somebody's head. Up here, people probably wouldn't bother with blanks and just use live rounds. But fireworks are legal, so they're big business-right now you can't go a mile without seeing a fireworks stand.

CapnMac, thanks for that research. I find it surprising that there is no provision for the lawful transfer of a blank-firing gun in Hanover County (not sure if that's the county the OP is in, but my sister lives there), yet firearms can be so transferred.

But it doesn't seem to prohibit the ownership of such devices., at least.

Hanzo581 asks:

Just playing devils advocate here, what proof exactly would they have that he fired the gun in his back yard or whatever as opposed to someone else in the area?

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The accused would likely pass a gunshot residue test, should a law enforcement agency take it that far.

Hanzo, I'm not talking about law or facts. The deal is neighbors' perceptions and on-scene cop reactions. Think hassle-factor resulting from a harmless act.

"...it's illegal to discharge a firearm without just cause..." Firing a blank is discharging a firearm.
"...Jon-Erik Hexum was killed by a blank-firing handgun..." So was Brandon Lee. Not that it matters. Movie sets are not real life until incompetence or idiocy makes it real.
Every 24th of May and Canada I keep thinking 'belt of MG trace' off the balcony. Then I remember I have no MG. New Years Eve at a buddy's place years ago saw a BP model cannon and a bunch of fire crackers discharged of his balcony. SSSHHH! Fire crackers were illegal then too.