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Old 09-01-2011, 04:01 PM
 
Location: Lincoln County Road or Armageddon
4,344 posts, read 6,098,114 times
Reputation: 5979

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Can someone please explain to me if this statute means that any one, no matter how densely packed their neighborhood is, can shoot a firearm in their backyard 24/7 and no local ordinance can prevent it?

Because of new state law, cities and counties are scrambling to get their gun laws off the books - St. Petersburg Times


I'm fairly familiar with statute 790.15 (discharging in a public place, shooting over a right of way, etc.), but is some cracked up hillbilly shooting into a dirt pile in his back yard now protected from local ordinances prohibiting discharging a firearm in city limits?

Is it just me or does this truly lack any common sense what so ever?

Last edited by vaughanwilliams; 09-01-2011 at 05:01 PM..
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Old 09-01-2011, 10:16 PM
 
Location: Miami/ Washington DC
4,836 posts, read 10,787,610 times
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That is not what the law says. That is taking it out of context a bit. A person cant just shot a gun where ever he wants because there is no law against it. However it is also illegal for the cities and counties to be regulating gun laws that is really the only thing this is about. As the article says "
The law does not mean that it's suddenly acceptable to fire guns at will. There is a state law against discharging a firearm in public." The city and counties in Florida have no right to tell people where they can and can not take their legal guns etc.. That is up to the state and of course on Federal Land the Federal Government
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Old 09-02-2011, 03:15 PM
 
Location: Lincoln County Road or Armageddon
4,344 posts, read 6,098,114 times
Reputation: 5979
To me, "in public" means where the public gathers (parks, parking lots, sidewalks, etc.). I'm curious if, for instance, my neighbor can now sit on his back porch and shoot his weapons with no repercussions from the law. I'm far from anti-gun, but this statute is nuts if it allows someone to willy-nilly fire a gun in city limits.
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Old 09-02-2011, 04:36 PM
 
Location: Spring Hill Florida
12,135 posts, read 14,201,172 times
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I guess nobody understands that its simply that some local laws on the books aren't legal anymore
and need to be removed. There is nothing changing except what laws are on the books. Administrative change, not substantive change.
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Old 09-02-2011, 05:12 PM
B4U
 
Location: the west side of "paradise"
3,612 posts, read 7,496,971 times
Reputation: 4432
Quote:
Originally Posted by vaughanwilliams View Post

Because of new state law, cities and counties are scrambling to get their gun laws off the books - St. Petersburg Times

some cracked up hillbilly shooting into a dirt pile in his back yard now protected from local ordinances prohibiting discharging a firearm in city limits?

truly lack any common sense what so ever?

I wanna know where you live in Naples where you have "some cracked up hillbilly shooting into a dirt pile"???
Hillbillies and dirt piles in "CITY LIMITS"???
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Old 09-02-2011, 05:22 PM
 
Location: Miami/ Washington DC
4,836 posts, read 10,787,610 times
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Quote:
Originally Posted by vaughanwilliams View Post
To me, "in public" means where the public gathers (parks, parking lots, sidewalks, etc.). I'm curious if, for instance, my neighbor can now sit on his back porch and shoot his weapons with no repercussions from the law. I'm far from anti-gun, but this statute is nuts if it allows someone to willy-nilly fire a gun in city limits.
IMO that is not what the law really means especially outside near other homes. In the middle of the woods into a dirt pile no problem, but a officer can still tell you to stop. But one cant just go shooting around even in there home if they are near other homes etc.. as it is a danger to the public. But if you live on acres of land go ahead.
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Old 09-02-2011, 06:27 PM
 
Location: Lincoln County Road or Armageddon
4,344 posts, read 6,098,114 times
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This is Sec. 21.06 of the Clearwater code. I've put an asterisk by the sections that have been eliminated and quotations around added text;

1-It shall be unlawful for any person to fire any "weapon from"*rifle,gun or pistol,* including those which a projectile is propelled by the action of compressed air, the expansion of gas or a spring, or other mechanical means, within the corporate limits of the city, except "in lawful defense of life or property, or except by" a law enforcement officer engaged in his or her duties, or in a duly licensed indoor or outdoor gun club,pistol range, or rifle range.

2-"This section is not intended to regulate the discharge of firearms, which is regulated by Section 790.15, Fl Statutes 2011"

The city attorney added " The bottom line is that rather than relying upon those parts of Section 8.08 and 21.06, Clearwater Code of Ordinances, that specifically addressed the discharging of firearms within the City, officers will now be able to enforce only state statures, such as 790.15, which prohibits a person from knowingly discharging a firearm in any public place, on or over the right-of-way of any paved public road, or over any occupied premises."

I still don't get it, unless a backyard is considered a "public place". If my hayseed neighbor starts shooting in his backyard, can the police make him stop? Maybe a LEO can clear this up.
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Old 09-02-2011, 06:57 PM
 
1,337 posts, read 1,337,276 times
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Quote:
Originally Posted by vaughanwilliams View Post
To me, "in public" means where the public gathers (parks, parking lots, sidewalks, etc.). I'm curious if, for instance, my neighbor can now sit on his back porch and shoot his weapons with no repercussions from the law. I'm far from anti-gun, but this statute is nuts if it allows someone to willy-nilly fire a gun in city limits.
If the bullet never traverses over a right-of-way, or onto your property (or your other neighbors who likewise don't want it crossing their boundaries), and setting aside briefly the noise issue which is a distinct issue unto itself...... the insanity of it is what, exactly?

We should be legally enjoining it when that happens, or when the action is reckless (judged on a specific instance basis).... not when it doesn't.

The neighbor needs to have the legal obligation to do what he is doing in a reasonably safe manner. And that should be so, regardless of what it is that he is doing, whether it involves guns, open flames, building a rocket ship, running a fireworks factory, or whatever else. So long as the persons has arranged their activities such that the statistical likelihood of adverse negative externality somewhat approaches zero percent, they should be left free in that case to pursue their safe activity.
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Old 09-02-2011, 08:14 PM
 
1,468 posts, read 4,354,105 times
Reputation: 1084
Quote:
Originally Posted by vaughanwilliams View Post
Can someone please explain to me if this statute means that any one, no matter how densely packed their neighborhood is, can shoot a firearm in their backyard 24/7 and no local ordinance can prevent it?

Because of new state law, cities and counties are scrambling to get their gun laws off the books - St. Petersburg Times


I'm fairly familiar with statute 790.15 (discharging in a public place, shooting over a right of way, etc.), but is some cracked up hillbilly shooting into a dirt pile in his back yard now protected from local ordinances prohibiting discharging a firearm in city limits?

Is it just me or does this truly lack any common sense what so ever?
I don't know if it is legal or not but I do it all the time.
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Old 09-02-2011, 09:34 PM
 
Location: Central FL
1,382 posts, read 3,469,784 times
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The OP raises a serious point here. As of October 1st, only the specific laws that are on the Florida Statutes will apply. Cities can no longer have blanket shooting bans in their city limits.

The problem that I see here is that the FL laws are not inclusive enough. For example, the FL law only says you can't shoot over a roadway or over someone's home. There is no law setting any kind of minimum distance from an occupied residence. (most counties have those now - usually 150 yards or more)

So as of 10/1, it looks like someone in the city limites of wherever, FL can legally shoot IF he has a safe spot to do so. Who is going to make that determination - local law enforcement? That could require a lot of man hours that we don't have. The same applies to shooting up in the air. The town of Mascotte, FL has a problem with this, but they are not able to make a law against that. Of course, the FL laws don't address that issue, so if you were to shoot up in the air in your backyard, (and you didn't shoot over a roadway, and you didn't shoot over a home (horizontal), and you were not in a public location), it seems on the face of things to be legal.

I called the state attorney's office about his and they said it's a total mess. They are waiting to see how things play out and it will be up to towns to see how they want to proceed and if they get sued by residents who feel the town is violating the new rules.

If you are "in the country", what this means is your neighbor can now stand right on his property line and blast away. He doesn't have to be 150 yards from your home anymore. Of course, you can call the police about the noise violation, but you no longer have that distance law to bolster your claims. I know all about this because I've been dealing with this for months at my own home. I live in the city limits and there is a family who lives behind us that shoots guns a lot. They are in the county limits. The city/county line runs pretty close behind me. We called the police on them and they were told to either stop shooting or move back so that they were at least 150 yards away.

Well, now it seems they can move right back to standing on the city/county line because that ordinance is void as of 10/1. So now I get to stand at my kitchen sink and watch a man firing high powered rifles into his dirt mound.
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