Target shooting a "breach of the peace"?

[bouis]

Well a lawyer wouldn't have to take this one pro bono -- the Mississippi Public Records Act allows the person who sues to recover $100, plus "all reasonable expenses." Pretty sure that means lawyer's fees. It's free money for any local lawyer who wants it.

But, I thought about this, and I don't feel like making enemies of the Sheriff's department. I decided to broaden the circle and just talk to everyone on the street. I talked to four more people, all of whom were 100% okay with it. One offered to let me shoot on his property, though he warned me that someone had called the Sheriff on him once too. No one answered at two of the doors I knocked on, but both of them are quite distant.

And frankly, since one of the neighbors is adding onto his house and sounds like he's running a sawmill up there... how can the peace be breached if there's no peace in the first place?

I'm going to let this one cool for a couple days and get right back to shooting.

 

[RockHind]

Here if Florida the request for public records needs to be given to the keeper of records which is usually the county or city clerk. THe police department nevers handles these type of requests here so they don't know how to act when you approach them with one.

You should have seen the look on the deputies faces when I tried to get employment records for a few officers. They had never heard of such a thing and were very offended that I even asked. Things went much smoother when I went to the clerks office at the municipal building.

I would have tossed the letter on the chief's desk as I left, you could always type up another one when you get home.

One final note, things went alot smoother after I asked my county comissioner to call the department and see if they could speed things up a little.

Another final note, here in Florida, public records requests move to the head of the docket, if it comes down to it.

 

[Konall]

]I don't feel like making enemies of the Sheriff's department..

Too late bouis, you've already done that.

Several others have said it, but you just don't seem to be listening: "LAWYER UP".

I'm going to let this one cool for a couple days and get right back to shooting.

You need (need!) to already have the lawyer ready and willing to take your case lined up, with his phone number committed to memory. It will probably have to be someone from the next county over, as any of them in your sheriff's jurisdiction will not be likely to risk the harassment (all coincidental, and perfectly legal of course) that would ensue were they to take on their local sheriff.

If you don't, well, I look forward to your followup post whinging about being arrested, jailed for 6 days because you couldn't find a lawyer from inside your cell, and having all of your guns confiscated. It outta be a hoot.

 

[jeepmor]

Use diplomacy

Keep shooting, pursue the silencer permit process.

Don't foul up your school endeavors though, your freedom is too important when studying 60 hours a week. I've been there, just getting a cold and missing two days of engineering school would take weeks to catch up from, not worth it. Even if you were arrested for noise, you would most likely be booked and released.

I'd be vigilant on this though, keep communicating with your neighbors, you should be able to narrow it down to the actual complainant. And in the meantime, you could start a shooting day(s) with your neighbors where you all agree on a few days a week to join and have some plink offs together, or at least you have some dedicated days that the people in your vicinity agree upon as okay. The one who votes completely against it will be your complainant, and with a roster full of agreeing neighbors that have already signed your impromptu agreement, may be just enough peer pressure to get them to agree to it thinking it's the only way to be anonymous. Either outcome could be favorabe. Plus, it would be a pretty good document in court, a jury would weigh that heavily, I think. I would.

If you do keep shooting on your property whenever you want to however, (and you entirely should be, sadly enough) be prepared for Johnny Law again. If you can't be seen by your neighbors, I like the nitrile glove idea.

But seriously, take the high road.

jeepmor

 

[bouis]

Konall: "lawyering up" would definately be the most prudent thing to do. Unfortunately, it hasn't been possible before today (Wednesday), and I don't have an opportunity until tomorrow (Thursday).

But I don't really need a lawyer at this point. I'm well versed in police procedure, I know how misdemeanors and arrest warrants work, and I know how to handle myself if threatened with an arrest warrant or warantless arrest. A lawyer can't tell me anything about this ridiculous breach of the peace statute than I already know.

I can't be arrested for a misdemanor unless the officer witnesses it himself or a judge signs a warrant.

I know better than to give them any "ins" to enter or search my home -- if they come knocking at the front door, I'm going out the side, and locking the door behind me. Even if caught off guard, suffice to say that my guns will be under lock-and-key, out of plain sight and well out of "lunging distance," if and when an officer ends up in here. I can't see a search warrant being issued, or being legal if it were.

If a misdemeanor arrest warrant were issued, it'd come with a bail amount prespecified. I could pay it and leave within an hour or so.

Maybe I didn't make a friend of the Sheriff, but I doubt he remembers my name, and I'm certain he doesn't know where I live. I doubt he's vindictive enough to bother finding out or pursuing this more than he has to. I mean -- a complaint about noise, on the Fourth of July? Fireworks are still going off and it's 4:20 AM in the morning...

 

[Ira Aten]

Hey Bouis:
Try this.
Ask for an appointment with your District Attoney in your county to discuss this issue, and find out if he would prosecute it or not. If he says no, have him write up a letter, and show it to this idiot $ 1,200.00 per month deputy.

If he says he would persue prosectution of "breaching the peace" for the happenstances that occurred as stated, then find out when he is running for primary re-election, find out as soon as you can who is running against him, and ask him if he would or would not prosecute for this malicious act of defiance of "anti-2nd Amendment" authority.

If he says he would not prosecute it, and is a pro-2nd Amendment person, support his candidacy for running against the sitting D.A. in that office. Less than 2,000 people vote for D.A in the primaries usually (for either party)

As you probably know, the D.A. is the person to decide whether or not to prosecute a case. He is not REQUIRED to prosectute it, it is his SOLE descretion if he decides to prosecute something that stupid or not.

If you can convince 200 people to vote for an opponent in the PRIMARY election (and that can be done by merely finding 200 folks in that county that hunt or target shoot that will promise to go to the primary and vote for your guy) you will get the current D.A. unelected.

Work to support a D.A. candidate who will refuse to jack around with stupid and totally unconstitutional nonsense such as this, and when the deputy realizes the D.A. won't take those cases anymore, and he is simply wasting his time, he will probably leave you (and other American Citizens in your county) alone.

If you get two or three other guys to simply go to the polls and stand outside the allowed space to talk to voters going in (and ask them if they support the 2nd Amendment, and if so, tell them your candidate is the most pro-gun right D.A., and won't take silly gun charges) you will be Very, Very surprised at how easily an incumbent for a county office can be defeated at the primary.

PS: You might talk to the Sherrif, and see what his views are. If they are anti-gun views, work to get his opponent elected if he has a better, more Constitutional view.