Neighbor Shooting Directly Towards My Home Just Hundreds of Feet Away

[jonnyc]

"Barker said state law could be tweaked to give the law, which only deals with whether a person knowingly hit a home, more bite."

From the news story the OP posted......this is the key for me. CYA with a second report to the LEO office, along with a registered letter to the neighbor...both saying that he is shooting AT your occupied dwelling. At that point, nobody can say he was not KNOWINGLY shooting at your house. At that point, if the sheriffs don't act you can file a suit.

 

[AlexanderA]

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.

Aha! This is the kind of situation that "Extreme Risk Protection Orders" are designed for. Does Ohio have something like this? If so, complain to the authorities and have his guns taken away. That will teach him!

Note: A quick search shows that Ohio does not have something like this -- yet.

 

[Deanimator]

How would that happen? How could OP be arrested but not the neighbor for the exact same activity? It has been agreed that there is no prohibition where OP lives against shooting toward someone's house. Does it not work both ways?

They could BOTH be arrested.

 

[Officers'Wife]

Aha! This is the kind of situation that "Extreme Risk Protection Orders" are designed for. Does Ohio have something like this? If so, complain to the authorities and have his guns taken away. That will teach him!

Note: A quick search shows that Ohio does not have something like this -- yet.

No, but IIRC Ohio does have a mental hygiene law and it could be argued the man's actions pose a credible risk of injury to others. The idea that a loosely pack pile of firewood is a proper backstop sounds a bit crazy to me.

 

[The_MacGarage]

Who said that?

"Barker said state law could be tweaked to give the law, which only deals with whether a person knowingly hit a home, more bite."

From the news story the OP posted......this is the key for me. CYA with a second report to the LEO office, along with a registered letter to the neighbor...both saying that he is shooting AT your occupied dwelling. At that point, nobody can say he was not KNOWINGLY shooting at your house. At that point, if the sheriffs don't act you can file a suit.

This article does show the frustration on both sides...homeowners and LE.

Now to add a twist, since this person has a listed business at his home address and this business deals, in part, in customizing firearms, does this now mean the firing range needs to meet the NRA standards for a business...this is the reason I think the Township needs to look at it.

For reference, the article is here: http://www.chroniclet.com/Local-News/2017/03/14/Township-residents-discuss-shooting-safety.html

Aha! This is the kind of situation that "Extreme Risk Protection Orders" are designed for. Does Ohio have something like this? If so, complain to the authorities and have his guns taken away. That will teach him!

Note: A quick search shows that Ohio does not have something like this -- yet.

I should clarify...there were no posts that would fit that need...more along the lines we do not see eye-to-eye on things...add the heated situation, probably would just talk over one another.

They could BOTH be arrested.

Admittedly, I did think about finally building my range and start my own target practice. However, I could not do that with a clear conscience knowing it was unsafe. I even thought about a few clips of blanks but I want to take the better route and fix the situation for the betterment of everyone.

 

[The_MacGarage]

It’s not just an unrealistic expectation of response time, but a difference in mindset. I not only don’t rely on the gov to do what I can do for myself, but I don’t want them involved at all. Calling the cops on your neighbor is a sure way of having them looking for any excuse to return the favor. And it’s wasting their time.

Quit sniffing his jock and just go talk to the guy! If you are afraid to do so, move.

I think in a part and stage of my life years ago, I would have been there in a heartbeat but now, I feel I probably would have escalated the situation. For me, adding more possible conflict is something I would rather wait to address.

While this is not my township, I was also hoping for reasonable resolution noted near the end of the first page:
http://www.hinckleytwp.org/sites/default/files/Discharging Firearms in Hinckley Township.pdf

I think me telling the person it is unsafe and an LEO stating it is unsafe would be two different things.

Thanks for all of the comments!

 

[Grumulkin]

Several years ago there was an Amish guy who, at the end of a hunting day, discharged his muzzle loader into the air in Ohio and killed a girl that was a lot further away than 800 feet. If I remember correctly, he went to jail.

You might google the information on that to be sure it's accurate and make it part of a letter (since you don't wish to speak with him personally) asking him to desist. That could educate him as to the consequences of an accident and would also start a paper trail.

There was someone or probably more than one shooting behind my farm last summer. I heard some fragments of something hit a tree above and to the side of me and also a supersonic crack of a passing bullet. They had to have been shooting from 500 or 600 yards away. I didn't call anyone since it only happened once and would have been a little hard to prove but if it happens again, I may call.

IDIOTS!

 

[Grumulkin]

The link to an article on the Ohio muzzle loader incident.

https://fox8.com/2012/05/30/man-charged-in-amish-girls-shooting-death/

 

[BSA1]

Quit sniffing his jock and just go talk to the guy! If you are afraid to do so, move.

I agree.

I know personally if a neighbor called the Sheriff and had them come out to investigate me for something I was doing that was not illegal I would not have any positive, friendly feelings towards that neighbor. It may be I did not realize the hazard I was creating. Maybe I am few bricks shy of a full load but that does not mean I intend to harm my neighbor.

You say your neighbor posted some comments on Facebook that makes you feel uncomfortable about talking to him. Well if he is anti-government / police how is he going to feel about living next to a informant or more bluntly a rat?

 

[The_MacGarage]

I agree.

I know personally if a neighbor called the Sheriff and had them come out to investigate me for something I was doing that was not illegal I would not have any positive, friendly feelings towards that neighbor. It may be I did not realize the hazard I was creating. Maybe I am few bricks shy of a full load but that does not mean I intend to harm my neighbor.

You say your neighbor posted some comments on Facebook that makes you feel uncomfortable about talking to him. Well if he is anti-government / police how is he going to feel about living next to a informant or more bluntly a rat?

No...not the anti-government stuff...I would envision more of I am a great shot and I do not need a backstop or be told what to do...and more of an avoidance of a heated conversation (me included)...will not rule it out though after I obtain more information as to what is actually allowed...and after anger subsides....

 

[The_MacGarage]

The link to an article on the Ohio muzzle loader incident.

https://fox8.com/2012/05/30/man-charged-in-amish-girls-shooting-death/

Thanks for the information on that...that was horrible.

 

[Speedo66]

Not calling it into 911 lowers the assessment level by the local police. Call 911 next time it happens. No need to say someone is shooting at my house, someone is firing guns in the direction of my house should be enough. The fact that your local police didn't respond indicates poor judgement on their part.

Hopefully this guy doesn't have connections through firearm repairs with the local police.

This is a safety issue, not a 2A issue. Anyone here who thinks it's OK to have someone fire rounds towards their house needs to rethink the issue, with the idea it could be their own family perhaps being in jeopardy. Guys with no kids who also dislike their wives are exempt.

 

[rpenmanparker]

I agree.

I know personally if a neighbor called the Sheriff and had them come out to investigate me for something I was doing that was not illegal I would not have any positive, friendly feelings towards that neighbor. It may be I did not realize the hazard I was creating. Maybe I am few bricks shy of a full load but that does not mean I intend to harm my neighbor.

You say your neighbor posted some comments on Facebook that makes you feel uncomfortable about talking to him. Well if he is anti-government / police how is he going to feel about living next to a informant or more bluntly a rat?

Oh, just stop it.

 

[alsaqr]

Some of the photos of "shooting ranges" depicted on these forums are lawsuits waiting to happen.

1. If you don't own the property to the maximum range of the weapon being fired you need serious berms or backstops.

2. Any bullet leaving the shooters property has his name on it.

This boy was shot with a .30 caliber bullet while playing ball in the Bray, OK schoolyard. Had the bullet hit the spine it would probably have killed him. The bullet was fired from a two groove Springfield rifle barrel. The shooter was never found. The shooter who fired that round is well aware the boy was hit but lacks the guts to fess up.

https://newsok.com/article/3315019/...after-student-shot-on-football-practice-field

 

[Double Naught Spy]

Now to add a twist, since this person has a listed business at his home address and this business deals, in part, in customizing firearms, does this now mean the firing range needs to meet the NRA standards for a business...this is the reason I think the Township needs to look at it.

You have mentioned NRA standards a couple times now. The NRA standards are not some sort of legally binding covenant. They are very useful guidelines, but that is about it.

Stop wasting your time online. Contact a lawyer and get some real help, particularly if you aren't going to handle the issue yourself and go talk to the guy. Whether you talk to him or have somebody do it for you will still mean that he knows it is you. He might be more than willing to change his direction of fire.

 

[PapaG]

We had a similar situation in my neighborhood where one neighbor was shooting into a grass waterway which sloped uphill toward a set of outbuildings and a cabin. There was another neighbor between our house and the shooters, about 50 yards and the noise was disturbing. I told the owners of the outbuildings and cabin that there were bullets being fired in their direction but I don't think they did anything. We, my next door neighbor and I checked with both state police and county sherrifs deputy and were told that the area was unincorporated but that anyone firing a gun was responsible for where the bullets went. In fact, they said that legally, they were to ensure that the bullets didn't leave their own property. Fast forward to about eighteen months ago. A bullet penetrated a wall of the outbuilding, hit an occupant in the arm, penetrated the arm and lodged in the torso. There were no arrests but we were all assured by the sheriff's department that there would be no more guns fired on that property. Victim recovered. The building was the family gym.

 

[Ohen Cepel]

Does he have an FFL? Should be able to look it up. Think he needs one if he's in the business.

 

[The_MacGarage]

You have mentioned NRA standards a couple times now. The NRA standards are not some sort of legally binding covenant. They are very useful guidelines, but that is about it.

I know they do not matter for a personal firing range but since this is a stated business, unsure if it changes at all (I think it does come into play for a business with a firing range). I hope to learn more early next week and probably will visit.

There really is not another direction...there are houses in the other three directions...all pretty close...maybe 100-200 feet.

We had a similar situation in my neighborhood where one neighbor was shooting into a grass waterway which sloped uphill toward a set of outbuildings and a cabin. There was another neighbor between our house and the shooters, about 50 yards and the noise was disturbing. I told the owners of the outbuildings and cabin that there were bullets being fired in their direction but I don't think they did anything. We, my next door neighbor and I checked with both state police and county sherrifs deputy and were told that the area was unincorporated but that anyone firing a gun was responsible for where the bullets went. In fact, they said that legally, they were to ensure that the bullets didn't leave their own property. Fast forward to about eighteen months ago. A bullet penetrated a wall of the outbuilding, hit an occupant in the arm, penetrated the arm and lodged in the torso. There were no arrests but we were all assured there would be no more guns fired on that property. Victim recovered. The building was the family gym.

This is horrible to hear.

Does he have an FFL? Should be able to look it up. Think he needs one if he's in the business.

Yes, the business includes a 07 FFL and it is for this address.

 

[Zerodefect]

It's really too bad you can't join him, and point a new pile of wood in the direction of someone else's house.

In back woods PA, this is legal. Hit your target, don't miss. As soon as you get a hole in your house it's a problem. I don't think I can shoot anywhere in Ohio on less than 10 acres. Must be different down your way.

Let us know how it all turns out.

 

[The_MacGarage]

Some of the photos of "shooting ranges" depicted on these forums are lawsuits waiting to happen.

1. If you don't own the property to the maximum range of the weapon being fired you need serious berms or backstops.

2. Any bullet leaving the shooters property has his name on it.

This boy was shot with a .30 caliber bullet while playing ball in the Bray, OK schoolyard. Had the bullet hit the spine it would probably have killed him. The bullet was fired from a two groove Springfield rifle barrel. The shooter was never found. The shooter who fired that round is well aware the boy was hit but lacks the guts to fess up.

https://newsok.com/article/3315019/...after-student-shot-on-football-practice-field

A family member of mine is an NRA Range Safety Officer (and former national competitive shooter...some pretty neat stuff) so as someone else also mentioned, I am approaching this as a safety issue and not a 2A issue...my approach and thinking now is "how would you feel if someone was shooting hundreds of rounds at your family and home just hundreds of feet away?"

The next time there is shooting towards me, I will approach them with the same statement and in the meantime gather the required information as to what other approaches I can use to be safe on my own property.

 

[SunnySlopes]

in the meantime

I seem to have missed the part where you consulted an attorney. What legal recourse is available?

 

[The_MacGarage]

I seem to have missed the part where you consulted an attorney. What legal recourse is available?

I have not yet got an answer yet as to what my legal recourses are and am going to follow that avenue as far as I can. As others suggested, it may be a good idea to get a feeling after talking with them but was going to wait if the shooting starts again (in case the sheriff did talk with them and just did not tell me).

 

[SunnySlopes]

The very first thing I would have done is contact local law enforcement. If local law enforcement is unconcerned (about anything other than the best pastry shop), then ...... I'm going to contact an attorney to see what my rights are. And I'm not going to wait for some fool to start shooting in my direction again.

 

[zorro45]

I'd call the sheriff every time this happens.When this doesn't work I'd move up to the State Police. I wouldn't want to go shooting with or be friendly with an idiot. You might also have a legal claim in that this is reducing the value of your property. There are also legal processes to compel public officials to do their jobs. (Writ of Mandamus) This will cost you some money, but just for example, a friend of mine got tired of having golf balls fired into his house from a nearby golf course. He finally got reparations, a permanent net erected, and they had to stipulate in open court that they were a bunch of @#$%&%$s.
OK, I just made up that last part. Your issue is a lot more serious that his was. Good luck, don't give up, you are in the right.

 

[bearcreek]

I find it interesting and a little disturbing that many of the people in this thread seem to be just assuming that what the neighbor is doing is actually unsafe. All we know is that the OP, about whose firearm experience we know nothing, thinks that his neighbor is shooting in an unsafe manner. Maybe he is. Or maybe it's the OP who needs more education and that's why the cops weren't interested in pursuing things further. Unless I missed something the OP has only mentioned that the backstop is a "woodpile". What does that mean?

Again, it's entirely possible that the neighbor is indeed shooting in an unsafe manner, but so far, the OP has not given any conclusive proof that that is the case. In fact, the tiny bit of "evidence" we're aware of, which consists of the lack of any mention of any rounds hitting any of the OP's property and the lack of further action by the police, would seem to indicate that the OP is panicking unnecessarily. I could be wrong though, so of course I'd be interested to hear any actual evidence to the contrary.