Hey you guys in Florida -- watch out.

[sig228]

^^^ not happening anymore, ever since Florida added some bite to county and
city violations of the preemption rules.

 

[sig228]

A friend here in south east Florida has a nice home in a "residential" area that sits on 15 acres. We would love to put a little range on that, and he has the space and finances to do it right...county regulations prevent him from doing so...

Not any more. See my post above.

 

[sig228]

Yes, it is palm beach county. They also have a 5 day wait on any firearm, when the state preemption is 0 for long guns and 3 for handguns...

The wait rule falls outside of preemption. Counties are allowed to set their own rules. Miami Dade has a five day wait too, not sure about Broward. Of course the wait does not apply if you have a ccw.

 

[brboyer]

Preemption doesn't matter when the sheep follow the herd. There are all kinds of firearms laws/regulations in Palm Beach, Broward, and Miami that are enforced "illegally". The no guns in any park thing was around for a while...think that got shot down though. The problem is that the state seems to be going after these smaller counties and cities first to gain headway before hitting the deep pockets of the biggest tri-county area in the state.

The 'state' is not going after anyone. It's mostly Florida Carry and area residents.

 

[dprice3844444]

well,in palm beach county,it's illegal to discharge a firearm east of 20 mile bend,which is 20 miles west of the coast.the area east is moderately to densely populated,and by doing so,forces you to use designated and approved ranges.now,if your out in the boonies,it's a different story,but care should be taken always when firing a weapon.you never know where the projectile will come to final rest

 

[docsleepy]

That rule is probably preempted.

 

[AWorthyOpponent]

I still think you should be able to fire east of 20 mile bend if you have a safe, proper setup. Even if they were to limit it so that you had to have more than a couple acres or whatever...

 

[xwingband]

Looked up in Municode and I'm not seeing a county code... If it's your land you can shoot on it. Whatever he thought has either been preempted or illegal.

 

[docsleepy]

All of us would encourage extreme safety. There is that issue that if your projectile crosses your land boundary you can be charged with a felony. That can ruin your day, as well as your neighbors! I feel relatively confident with a 2 foot thick 4 foot by 4 foot pistol backstop, however I gave up my efforts to create a rifle range on my 5 acres.

 

[MedWheeler]

dprice3844444 writes:

well,in palm beach county,it's illegal to discharge a firearm east of 20 mile bend,which is 20 miles west of the coast.the area east is moderately to densely populated,and by doing so,forces you to use designated and approved ranges.now,if your out in the boonies,it's a different story,but care should be taken always when firing a weapon.you never know where the projectile will come to final rest

I remember that rule; I grew up down there, and learned to shoot off Seminole Pratt Whitney Road north of Northlake, in what is now the Royal Palm Beach Acreage. Well east of the 20-Mile Bend area. But, yes, there was such an ordinance enacted later.

It was voided by the 2011 preemption statute, and a news story just a month or so back highlighted on that.

 

[brboyer]

well,in palm beach county,it's illegal to discharge a firearm east of 20 mile bend,which is 20 miles west of the coast.the area east is moderately to densely populated,and by doing so,forces you to use designated and approved ranges.now,if your out in the boonies,it's a different story,but care should be taken always when firing a weapon.you never know where the projectile will come to final rest

No it's not. See Florida Statute 790.33 Field of regulation of firearms and ammunition preempted.

 

[brboyer]

dprice3844444 writes:



I remember that rule; I grew up down there, and learned to shoot off Seminole Pratt Whitney Road north of Northlake, in what is now the Royal Palm Beach Acreage. Well east of the 20-Mile Bend area. But, yes, there was such an ordinance enacted later.

It was voided by the 2011 preemption statute, and a news story just a month or so back highlighted on that.

Actually the preemption statute was passed in 1987.

 

[Red Wind]

Actually the preemption statute was passed in 1987.

Correct and toughened in 2011 by the $5,000 fine per offense by local and county pols and miscreants of all sorts. There are just so,so many in the Sunshine State. Lots serving time in state and Federal prisons.

Ex Broward Sheriff and lefty Ken Jenne just one of many. Back amongst us now. But watch your six with him anyway.
Of TV, "full auto" fame.

 

[MedWheeler]

^^ Yes, it was. I was thinking at first that the 1987 version only seized control of carry-licensing regulations. It did indeed seize all regulation relating to the sale, ownership, transfer (outside Federal law), and possession of firearms from the localities. It just lacked "teeth" until the enforcement clause, filed in December of 2010, was signed into law the following year.

 

[lemaymiami]

I've lived down here in paradise since coming back from my senior trip in 1971. After a career in law enforcement I fish for a living and spend most of my days in the saltwater portions of Everglades National Park. Our legislature, like every other state, is jsut as likely to do something without thinking it through (and that goes on both side of 2A and related topics). Given the unfortunate number of lawyers down here anyone even considering a "backyard range" in an area with lots of people nearby might want to re-consider. Out in the countryside, or if you actually are fortunate enough to have a good parcel of land you're in good shape - but anywhere that a stray round could land outside your property sounds like more trouble than I'd wan to sign up for.

When I left police work in 1995 I vowed to do my best to stay out of courtrooms.... no matter what side of the law you're on -you won't like what happens there whether it's a civil or criminal matter - at least that's my take on it.

 

[justice06rr]

Depends on your definition of what a residential neighborhood is. I don't live in Florida, but I believe that there are some areas that are pretty wide open and your neighbors are at pretty good distances from one another.

Let's let the guys from Florida weigh in on this.

I'll weigh in, since I shoot regularly at private property's and friend's backyards for years

I've not really heard much about what the article speaks about. IIRC, as long as you are outside the city limits, have sufficient distance from your neighbors, shoot safely, and don't shoot over the road or other property, you are good to go.

The big thing, its not so much termed "private backyard ranges". The media is blowing it out of proportion as usual. Setting up some targets in your backyard and shooting them safely (given the pre-requisites I mentioned above) is completely legal. I would not call that a "range"

You don't technically need a backstop; a hill will suffice. At my friend's backyard where we shoot, we shoot from an elevated position while on sitting comfortably on his back porch so we are shooting down into the ground.

LEO's have ok'd this many times. I even bring a good friend who is a Orange county deputy to shoot with us .

What the article is probably incorrectly focusing on (not surprisingly by the media) and making a fuss, is shooting within city limits in neighborhoods when houses are very close in proximity to each other.

The main thing is that you have to be outside city limits. You cannot do it in the city.

 

[MedWheeler]

justice06rr writes:

The main thing is that you have to be outside city limits. You cannot do it in the city.

Actually, there is no valid prohibition on doing this within city limits. That is the whole point of the original article, that municipalities and counties are not being permitted to prohibit the activity, and that the state does not.

This is from the statute. There is no clause contained within regarding city limits.

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, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I put the phrase "recklessly or negligently" in boldface type to highlight it as the situation in which the activity would, in fact, be unlawful. Otherwise, it remains legal.

 

[paradox998]

Looking for a problem that does not exist

I have a property in South Florida. As long as I shot in a safe manner and no rounds leave my property, I stand by my right to the enjoyment of my property. We don't need local officials grandstanding for press coverage. Exactly how many people in Florida have been injured on home ranges?

Certainly some properties would not lend themselves to a private range, but many do. This is a matter of personal responsibility. We cannot allow our 2nd Amendment rights to be diminished for a non-existent problem.

 

[Arkansas Paul]

The fact is that it is entirely possible to set up a safe backyard range. It could even be underground. Simply banning the entire idea, because someone could do something stupid, is just like banning guns.

Had you read my 2nd post, you would see what the meaning was behind my question.
My point has nothing to do with safety.

 

[oneounceload]

Here in more northerly FL in MY county, you need 10 acres to ensure no hassles from the sheriff. Of course the horse farm folks still freak out as their "pets" get scared.

I live in a subdivision where everything is on 1/4 acre lots. I wouldn't even dream of firing a regular gun in that scenario, nor would anyone else I know

 

[docsleepy]

Bury plastic sewer pipe couple of feet underground. Make an underground range.

 

[ChaoSS]

Had you read my 2nd post, you would see what the meaning was behind my question.
My point has nothing to do with safety.

I get your point, but the problem is that this sort of thing should not be in the hands of the government. (which is hwy this FL law is a good thing).

I mean, a silenced .22 firing subsonic ammo isn't likely to cause you problems with your neighbors, but it would fall under any regulations that get put out.