Neighbor Shooting Directly Towards My Home Just Hundreds of Feet Away

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The_MacGarage

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I live in the more residential area of a township in Ohio. Recently, a neighbor that lives about 800 feet to the east of me and that works on guns at home, starting shooting firearms into a woodpile. This woodpile lacks any NRA recommended firearm range safety measures. When the guns are discharged, they are pointed directly at my home and backyard. Most of the 800 feet of space between my neighbor and I, is several acres of open farmland and a small amount of light brush. This is not a wooded area but more of a residential neighborhood. We both have about .75 of an acre of land.


I contacted both my local sheriff and township officials and really have not really received a response back. The township Board may look at my issue later this month. The sheriff did not respond to my phone call (I called during an active shooting so they could check things out themselves) or email yet.


I am familiar with the Ohio Revised Code regarding townships’ authority to regulate firearms (lack of ability that is) and the need for residents to follow guidelines in creating a safe outdoor firing range found in publications such as the National Rifle Association’s The Range Source Book. I looked into creating my own firing range several years ago but concluded that it was impossible to safely fire a weapon in the opposite direction due to the close proximity of so many other homes, children, horses, and pets. I felt that even in following all of the recommendations in The Range Source Book, the likelihood of a deadly accident was too great.


The neighbor’s firing range is simply a small woodpile. A live bullet can easily pass through an open space in a woodpile. If the woodpile is missed, my home is in the direct line of fire for the bullet. It appears there was not a “Site Evaluation” similar to the one described in The Range Source Book. It lacks any safety features and does not take in consideration the direction of fire is pointed at a residence. Even if you remove the fact the direct line of fire includes a home just several hundred feet away, according to The Range Source Book, this firing range lacks any type of backdrop and side berms and/or side walls.


I am wondering if it is even legal to fire a weapon with an occupied home so close in the direct line of fire? I am fully supportive of someone local working in a firearms business and enjoying target practice but would expect them to abide by the industry’s safety standards.


Is there anything I can do? I feel I cannot even be in my yard or garage when he is firing his weapons. Luckily, my home is brick so I do feel a little safer there.
 
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Can you not call the sheriff and report that shots are being fired at your house? Skip all the details you gave us. Don’t ask for a meeting or a resolution. Just say that shots are being fired at your house.
 
Since you fear for your safety:

1. Tell your neighbor directly, but politely, to stop. Verbally and in writing. Clear, concise, dispassionate.

2. When it continues, call the sheriff and file a report. Demand a deputy. File a report. If the neighbor is breaking any laws, press for immediate compliance or charges.
 
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Thanks for the responses....
I seriously thought about talking with him but was thinking along the lines that since I do not know what type of person he is and the fact they are shooting towards my house without any protection (the lack of common sense point), perhaps it was better to let the sheriff make the first contact.

I do not think helping to build a better range is an option with just a 0.75-acre lot and frankly, would never be comfortable with one pointing my direction...there are houses all around with the similar sized lots so I do not think it is a good idea...believe me, I tried to figure out how to do it a few years back.

With my limited knowledge of the Ohio Township law (can shoot anywhere without any safety requirements), I am not sure sending a letter would help unless it was for a lawsuit for shooting damages down the road.
 
There has to be a required buffer space. Township or metropolis, no way it is allowed to shoot at peoples’ houses.
 
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Not all townships are the same. I can’t speak to Ohio, but in WI they can opt into county ordinances and zoning or remain unzoned.

He may be allowed to shoot wherever he wants to, but he’s not allowed to shoot you or your property. I’d still advise him of your concerns and in writing (so the eventual damage isn’t the first documented concern).

As soon as he misses his woodpile and causes damage, I’d file the report.

It’s beyond painful to live next to trash, I know firsthand, and if you live an unzoned township and you don’t like your neighbors, a move is in order. I don’t say it flippantly, but it’s sometimes the best/only option.
 
BTW, firearm discharge laws are excluded from the overall prohibition of towns regulating firearms.
"Per O.R.C. 9.68, all firearm laws in Ohio, except those restricting the discharge of firearms and certain zoning regulations, supersede any local ordinances. This restriction on municipalities was upheld by the Ohio Supreme Court in the cases of OFCC vs. Clyde (2008) and City of Cleveland vs. State of Ohio (2010).
 
IMHO my first response would be to talk to him. Second I would send him a certified letter and only if these efforts did not prevail would I consider addressing the issue with law enforcement. When he does stop firing at the woodpile I would still want to have good relations with all of my neighbors since you never know when/if you will need their support.

Since you have already skipped to the last step, I would respectfully suggest you apply the first two steps in order and try to maintain a good relationship if possible. Perhaps you could offer to go shooting with him at a local regulated range ?


Anyways, best of luck and IMHO good neighborly communication with good intent on your part will go a long way towards solving the situation amicably.
 
Also see

2923.161 Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function.
(A) No person, without privilege to do so, shall knowingly do any of the following:

(1) Discharge a firearm at or into an occupied structure that is a permanent or temporary habitation of any individual;

(2) Discharge a firearm at, in, or into a school safety zone;

(3) Discharge a firearm within one thousand feet of any school building or of the boundaries of any school premises, with the intent to do any of the following:

(a) Cause physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

(b) Cause panic or fear of physical harm to another who is in the school, in the school building, or at a function or activity associated with the school;

(c) Cause the evacuation of the school, the school building, or a function or activity associated with the school.

(B) This section does not apply to any officer, agent, or employee of this or any other state or the United States, or to any law enforcement officer, who discharges the firearm while acting within the scope of the officer's, agent's, or employee's duties.

(C) Whoever violates this section is guilty of improperly discharging a firearm at or into a habitation, in a school safety zone, or with the intent to cause harm or panic to persons in a school, in a school building, or at a school function or the evacuation of a school function, a felony of the second degree.

(D) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.

Effective Date: 10-11-2002.
 
No responsible shooter would fire in the direction of another home without an adequate backstop. A 50 yard range needs a six foot tall berm
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1. Sent the shooter a letter asking him to cease and desist.

2. If the shooter persists call the sheriff.

3. File a civil lawsuit.

No one should have to live in fear of an irresponsible and uninformed shooter.
 
This is totally messed up. What kind of hellish place is a township anyway? I can’t believe residents stand for this.

I believe the law that allows the unregulated shooting dates back to 1875:

General Township Authority for Regulating Firearms
a. Townships have only those powers expressly conferred upon them or those
necessarily implied therefrom. Trustees of New London Township v. Minor
(1875) 26 Ohio St. 452.

i. Under the Ohio Revised Code, there is no expressly permitted or inherently
implied, authority for a township to regulate the discharge of a firearm.

ii. A township that has enacted limited home rule cannot get around this. Ohio
Revised Code Section 504.04(B) sets forth several limitations to limited
home rule. One of those sections prohibits a limited home rule township
from adopting of a resolution that establishes “regulations affecting hunting,
trapping, fishing, or the possession, use, or sale of firearms.”

I failed to mention it before, but I did snoop on the person's social media accounts and noticed some pretty far out there stuff that made me uncomfortable in approaching the person.

I do strongly agree that a responsible and reasonable person would not endanger another person by not using a backstop, etc. and it kind of linked to the social media posts...hence contacting the sheriff to make the first contact. That said, I am disappointed that I yet to hear back from the sheriff about my call (I did not call 911...just the normal dispatch number two days ago). I have lived in my house for over 11 years (this person moved in about a year ago). I have never had to call law enforcement before so am not sure what is normal.
 
Boom Boom, your response relies completely on 'intent"...."of course I didn't intend to kill my neighbor; I was shooting at a rat in my wood pile"
 
The first time I heard or saw a gun firing in my general direction, I would have walked over and asked my neighbor to stop. I cannot imagine waiting for the sheriff to show up before doing something about it, much less writing letters etc.
 
I believe in a case like this I would find a sawmill and buy some rough cut boards of a very dense wood like oak then build a section of solid board fence with his shooting station and the wood pile long enough to act a barrier between him and the house. Then check the fence on a regular basis. First time there was a bullet hole you would have a case for destruction of property. That would help greatly in negotiating with him to cease and desist the dumb stuff.

(I heard that... no none of my sisters had a house dropped on them.)
 
The first time I heard or saw a gun firing in my general direction, I would have walked over and asked my neighbor to stop. I cannot imagine waiting for the sheriff to show up before doing something about it, much less writing letters etc.

Perhaps I was naive, but I really thought that the sheriff would respond after a few hours and that would have been the end of it.
 
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