Where is the best place to search laws on shooting on your own property?

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Rule3

Rule3

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We are thinking of buying some land or house and land in "upstate" Florida:) Sounds funny but it is a LONG State kind of North Central area.

Anyway probably 5 acres or so. I want to research shooting on that property. Put up a berm and make a little private shooting area.

I recall something recent that City laws can not trump State law and buy State law I should be able to (as long as not shooting near a school across a road and that basic stuff)

Were I live now (withing the City Limits suburbs) there is a City regulation that prohibits it but I can shoot outside the City still in the County. Some guy on the other coast challenged it and they can not charge him (same basic situation) I am not going to be the test subject here, nor would I try as to many homes not in a safe distance.

I have friends that live outside my City limit in the same County out in the more rural area and they shoot.

Guess I am not sure if there is a property size limit or what?

So, do I contact the Sheriff of the new County or where would I find this info??

Thanks for any input especially if you live in Florida.
 
Where I live in central FL, you need at least 10 acres, not 5. Not sure if that is county reg or state. Start with the county you are looking to buy land in - the zoning folks, then the county DA's office.

Also consider noise issues wherever you are looking; even if land size is legal, noise might be an issue.
 
I would check state law, county laws, then township ordinances. Then there is noise nuance law. A township ordinance has stopped shooting on a 100 acre + farm here.
 
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I live in Florida, and have followed this very issue.

It's likely to never be entirely clear-cut. While shooting on your own property is lawful under state law (as long as all projectiles are stopped before crossing any other property lines or rights-of-way), there will always be the issue of what constitutes creating "public disturbances", "breaches of peace" and similar offenses. These would likely be applicable both at the state level (statute) and local levels (ordinances), and will vary from locale to locale.

State law regarding shooting is pretty clear. It only prohibits the discharge of firearms across property lines over roadways, rights-of-way or occupied structures, and/or in an unsafe manner. There is no "outside city-limits" clause, nor is there one requiring a certain size tract of land. One would not be charged with "unlawful discharge" of a firearm provided he follows those conditions.

So, I'd start your research at the "most-minimal" level (municipality, if applicable), then go up from there (county, state), and focus on noise-nuisance clauses, as well as those dealing with disturbances-of-peace.

I live in city limits. Prior to the teeth being put into the state's pre-emption law, my city prohibited even the discharge of air guns within its limits. Once that law was toughened up in 2009, the ordinance prohibiting discharge of firearms within city limits was announced as being dropped. The one against air gun discharge also disappeared from the city code book.

Here is the state statute. The bold-text phrase is what outlines the type of private-property discharging of firearms that would be forbidden.


790.15 Discharging firearm in public or on residential property.—
(1) 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. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.
Click to expand...
 
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If it's not in the city limits the land is probably in a township. The county sheriff should know. He would be the one to read scripture and verse if someone called and complained. There are hunting laws in Ohio like not discharging a firearm within so many feet of a road or a dwelling.
 
MedWheeler said:
I live in Florida, and have followed this very issue.

It's likely to never be entirely clear-cut. While shooting on your own property is lawful under state law (as long as all projectiles are stopped before crossing any other property lines or rights-of-way), there will always be the issue of what constitutes creating "public disturbances", "breaches of peace" and similar offenses. These would likely be applicable both at the state level (statute) and local levels (ordinances), and will vary from locale to locale.

State law regarding shooting is pretty clear. It only prohibits the discharge of firearms across property lines over roadways, rights-of-way or occupied structures, and/or in an unsafe manner. There is no "outside city-limits" clause, nor is there one requiring a certain size tract of land. One would not be charged with "unlawful discharge" of a firearm provided he follows those conditions.

So, I'd start your research at the "most-minimal" level (municipality, if applicable), then go up from there (county, state), and focus on noise-nuisance clauses, as well as those dealing with disturbances-of-peace.

I live in city limits. Prior to the teeth being put into the state's pre-emption law, my city prohibited even the discharge of air guns within its limits. Once that law was toughened up in 2009, the ordinance prohibiting discharge of firearms within city limits was announced as being dropped. The one against air gun discharge also disappeared from the city code book.

Here is the state statute. The bold-text phrase is what outlines the type of private-property discharging of firearms that would be forbidden.
Click to expand...

Good info, Thanks

We have the same "in the city ;limits" a BB gun, sling shot, bow and arrow are all under the classification of firearms.:uhoh:

A person in a residential area on the SE coast fought this and won as I mentioned.

As for as I know we do not have townships, it is either the City or UN= incorporated and then County. As mentioned I believe State supersedes any County or City ordinances.

The noise issue is a very good point, that is a issue to check on but hopefully, whatever we buy will be in a remote or agriculture area so not densely populated.

I could live out in the boonies but SWMBO needs to be closer to "civilization":)
 
When I was in your shoes I searched asked a lot of folks, police etc and got many different answers.

Finally I just hired a lawyer to write me a brief on it. Well worth the investment and no I have no questions. I can also give the brief to anyone that asks about me shooting on the property.
 
Peter M. Eick said:
When I was in your shoes I searched asked a lot of folks, police etc and got many different answers.

Finally I just hired a lawyer to write me a brief on it. Well worth the investment and no I have no questions. I can also give the brief to anyone that asks about me shooting on the property.
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Excellent suggestion, thanks
 
^^^^

I second the idea of consulting a lawyer. Also, even if it is legal to shoot on your property, you could still be sued by a neighbor if the noise bothers him.

And do not assume that a state law voids or cancels a city law unless it specifically says so. (Example: The state may set a speed limit of 65; that does not mean you can go 65 on a city street which is posted 25.)

Jim
 
I recall something recent that City laws can not trump State law and buy State law I should be able to (as long as not shooting near a school across a road and that basic stuff)
Click to expand...


Kind of. City law cannot take away state restrictions but they can add to them.

You typically have the state laws to deal with, and then whoever has the local jurisdiction. If you live inside city limits, it will be city ordinance you have to deal with. If you are outside city limits, you are dealing with county.
 
Jim K said:
^^^^

I second the idea of consulting a lawyer. Also, even if it is legal to shoot on your property, you could still be sued by a neighbor if the noise bothers him.

And do not assume that a state law voids or cancels a city law unless it specifically says so. (Example: The state may set a speed limit of 65; that does not mean you can go 65 on a city street which is posted 25.)

Jim
Click to expand...

Without getting de railed into another topic, The State (Fl) ruled that State law (for guns) trumped City or Local. Main example was City and County parks for CCW holders. Places such as the beach had City or County signs prohibiting firearms. If you have a Sate CCW then they can not say no.
I can not find the article on the property owner on the East coast that set up a berm and started shooting in his back yard, very similar to where I live now,

It was this forum somewhere.


Edit:

Here I found the article.

http://www.heraldtribune.com/article/20140201/WIRE/140209997/0/FRONTPAGE?p=1&tc=pg
 
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The guys who installed my AC unit live in Sebastian, and they both have over 3 acres and have been shooting for 2 generations on their property. I think that above rule is pretty close, also if no one complains you probably are ok. I would ask the local authority.
Maybe offer them the use of your range if it's legal, this way if someone does complain, they may be able to smooth things out.
 
The neighbors are a big factor. I have a range behind my house and shoot there almost every weekend. My neighbors on either side also shoot a lot. We don't pay any attention to each other when shooting.
 
Rule3 said:
I recall something recent that City laws can not trump State law and buy State law I should be able to (as long as not shooting near a school across a road and that basic stuff)
Click to expand...
That depends on the state. Here in Ohio, municipalities, counties etc. cannot legally make any law related to firearms other than regulating their discharge. Florida may be different.

Rule3 said:
So, do I contact the Sheriff of the new County or where would I find this info??
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They'd be the ones responding if it did end up being illegal. Seems like they'd at least be able to direct you to the relevant law if there is one.
 
Have you googled your question? Rural property "may" less stringent on conditions.

Plus, don`t forget any liability insurance that may be required.
 
You may have the right to discharge the firearm, but other statutes may come into question. Public nuisance, reckless endangerment, noise violations including time of day for a certain level of noise, etc.

One neighhbor who has contributed to your local sheriff's political campaign can make all the difference in the world in making your life miserable.

You'll know when they start setting up decibel meters on your property line. :D
 
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