Applicability of Land Use Codes to shooting activities

[paperpuncher49]

For all the legal minds out there, particularly any practicing Florida attorneys, I have a question. Can the Pasco County Land Development Code, which states in the Agricultural-Residential Zones as a conditional use that "Gun Clubs, Firing Ranges and Archery Ranges require a minimum of ten (10) acres" be invoked to prevent a property owner from shooting on his/her own land if the parcel in question is less than 10 acres. It would seem that the code would apply to organized clubs and public, for-fee enterprises. I realize over-zealous government officials can and will invoke anything, but from a legal standpoint, does code enforcement have a leg to stand on?

 

[hammerklavier]

Does the law define what a firing range is considered to be?

 

[danbrew]

Interesting question - do post back here and let us know what you discover if this thread doesn't go that far.

Ten acres, btw, is a relatively small amount of land. Something like 660 ft x 660 ft.

 

[paperpuncher49]

Does the law define what a firing range is considered to be?

Apparently not. The code enforcement folks have been asked on three (3) separate occassions to provide the legal definition of firing range and have skirted the question each time. By their interpretation, every person who sets up a target in the back yard and practices with a bow is guilty of an ordinance violation. Personally, I don't know how they can tell someone they are violating an ordinance when they refuse to define what the purported violation is.

 

[danbrew]

what's the penalty for violating their land use ordinance? if it's just some guy saying "bad homeowner, bad homeowner", I'd say too bad for the county. if they're writing tickets or levying fines, different story.

 

[hogshead]

danbrew acres must be smaller where you live

 

[Gryffydd]

10 acres = 435,600 square feet
435,600 / 660 = 660

 

[ChaoSS]

One acre is 43 560 sq feet. 660^2 = 435 600.

I'd say that Danbrew is pretty well right on the money.

edit:
Oh well, Gryffydd beat me to it, that's what I get for opening up 20 threads then going through them one at a time.

 

[Dannix]

Ten acres, btw, is a relatively small amount of land. Something like 660 ft x 660 ft.

For you it might be. Use to be in my neck of the woods as a kid. Unfortunately since that time on this part of the east coast we've gotten an endless supply of "half-backs" -- people who move to Florida, then go halfway back up. Ten acres either now costs both kidneys or implies a 4hr commute.
[/bitter]

OP, if you are in a FL neighborhood on .3 acres then I really wouldn't. <1 acrea I wouldn't unless it's heavily wooded, hilly area, you got a super awesome berm setup, and are very strict on when you shoot, say only when there's lots of mowing, leaf-blowing et al yard activity, and don't mind "dating" the neighbors so they know you're not some nutjob who's going to send a stray threw their kitchen window and kill their 5y/o granddaughter.

 

[dogrunner]

Don't believe Pasco CAN regulate discharge of firearms on private property. Read AG opinion 2005-40 wherein then AG, now Gov. Crist authored a reply to Indian River SO on that very subject. AG opinions stand as law unless and until reversed by a court of competent jurisdiction.

Bottom line is that since the Legislature has declared itself the SOLE authority relative to firearms regulation that discharge reg's cannot be applied.

 

[brboyer]

Don't believe Pasco CAN regulate discharge of firearms on private property. They can regulate zoning as it applies to ranges. See AG Opinion 2008-34 - link below. Read AG opinion 2005-40 wherein then AG, now Gov. Crist authored a reply to Indian River SO on that very subject. AG opinions stand as law unless and until reversed by a court of competent jurisdiction. Incorrect AG opinions, are strictly that, opinions. See Below.

Bottom line is that since the Legislature has declared itself the SOLE authority relative to firearms regulation that discharge reg's cannot be applied.

AG Opinion 2008-34

http://myfloridalegal.com/pages.nsf...dd177569f8fb0f1a85256cc6007b70ad!OpenDocument
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