[smarino]

I tried to link this to my local paper, the Daytona Beach News Journal, but their crappy paper won't let people read it w/o paying for a subscription. I'll link to the front page anyway, and also give a link to an article in the Sun Sentinel, a newspaper that doesn't mind us looking at their online furniture ads and the like.

Talk about nuts. Imagine....look at your next door neighbor. Then, imagine him and his buddies, beers in one hand and guns in the other (hey, it's his backyard), shooting round after round just feet from your bedroom or living room. All perfectly legal too. And of course, this being Florida (whose motto seems to be "We're Not Texas, But We're Just As Nuts"), if any local elected official objects to such a scenario and tries to enact their own laws, "They can be removed from office and fined $5,000. The same goes for police officers who try to enforce such laws".

Jeez, I should have read the fine print before we moved here.

News-JournalOnline.com: Daytona Beach news, sports, weather and classifieds | The News Journal | Daytona Beach FL

Sunrise Mayor Mike Ryan battles state law that allows backyard gun ranges - Sun Sentinel

[Not_liking_FL]

That is just absolutely nuts. Just when I think there is nothing Florida legislatures can do to surprise me I read something like this.

[Spring Hillian]

Try to learn the facts if at all possible.....

Florida has state preemption over firearms laws. This is true. This prevents the lefty “guns are yucky” (G"R"Y) crowd who get control of a city council from ramming their prejudices down the people’s throats. The fun part is that if they try, they get fined and removed from office. And they can be sued civilly and they are responsible for their own legal fees. What not to like?

State preemption laws over firearms are law in most states, even in Illinois, now. The intent is to prevent a gerrymandered patchwork of gun control laws by the G"R"Y’s. Whose goal, we all know, is to ultimately confiscate ALL guns in America. I believe the law suit will fail. The STATE has a superior interest to insure that every citizen is equal under the law, when dealing with CONSTITUTIONAL rights.

The preemption law is 790.33 Field of regulation of firearms and ammunition preempted. Here’s a fun fact about this law. Before it was amended in 2011 to nullify non-conforming laws, people who were arrested for concealed carry in a park or other rule, would show up, cite the statue and be found not guilty. What the 2011 revision did was make the trip to the court unnecessary. Much to the dismay of the lefty Gun Are Yucky politicians.

Second. I believe that HOA’s can prohibit backyard ranges. There is almost no limit to the degree of totalitarianism available to HOAs in Florida.

Third. “Backyard” ranges are legal in almost every state in the Midwest West, and South, too. There are distance from homes requirements in most state, and discharge in cities, etc. In some counties, they require a special use permit if you construct a backstop.

Fourth. In my Florida county, the sheriff will examine your range and backstop, and will cite you if it violates the state code. The issue is that shooting in your backyard cannot be reckless or negligent as per 790.15(1), Florida Statutes, states:

“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 or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of 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 Division of Forestry.”

This is another instance of the media’s (including the ABA) hatred of guns and gun owners, and attempting to advance the cause of ultimate gun confiscation.

[Not_liking_FL]

Originally Posted by Spring Hillian

Try to learn the facts if at all possible.....

Florida has state preemption over firearms laws. This is true. This prevents the lefty “guns are yucky” (G"R"Y) crowd who get control of a city council from ramming their prejudices down the people’s throats. The fun part is that if they try, they get fined and removed from office. And they can be sued civilly and they are responsible for their own legal fees. What not to like?

State preemption laws over firearms are law in most states, even in Illinois, now. The intent is to prevent a gerrymandered patchwork of gun control laws by the G"R"Y’s. Whose goal, we all know, is to ultimately confiscate ALL guns in America. I believe the law suit will fail. The STATE has a superior interest to insure that every citizen is equal under the law, when dealing with CONSTITUTIONAL rights.

The preemption law is 790.33 Field of regulation of firearms and ammunition preempted. Here’s a fun fact about this law. Before it was amended in 2011 to nullify non-conforming laws, people who were arrested for concealed carry in a park or other rule, would show up, cite the statue and be found not guilty. What the 2011 revision did was make the trip to the court unnecessary. Much to the dismay of the lefty Gun Are Yucky politicians.

Second. I believe that HOA’s can prohibit backyard ranges. There is almost no limit to the degree of totalitarianism available to HOAs in Florida.

Third. “Backyard” ranges are legal in almost every state in the Midwest West, and South, too. There are distance from homes requirements in most state, and discharge in cities, etc. In some counties, they require a special use permit if you construct a backstop.

Fourth. In my Florida county, the sheriff will examine your range and backstop, and will cite you if it violates the state code. The issue is that shooting in your backyard cannot be reckless or negligent as per 790.15(1), Florida Statutes, states:

“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 or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of 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 Division of Forestry.”

This is another instance of the media’s (including the ABA) hatred of guns and gun owners, and attempting to advance the cause of ultimate gun confiscation.

What a bunch of crap!

I own guns so I don't think I fall in the "guns are yucky" crowd. Shooting guns in a residential area should not be allowed unless you are defending yourself...PERIOD. Besides the obvious safety concerns there are quality of life issues as well. Who in the hell wants to listen to some idiot neighbor blasting their gun?

I wonder if the other states you mention have the power to remove elected officials from office if their municipality sets and enforces their own rules?

[Restrain]

Define residential areas. That is the problem. Safety is more relevant. I can shoot a .22 in a garage safely, but would violate all sorts of laws in various cities that hate firearms.

[Spring Hillian]

Think. How practical would it be for someone in a residential neighborhood to have a shooting gallery in the back yard? Keeping within the requirements of the law would be nearly impossible. The point of the law is to tell local governments not to mess with the right for FL citizens to own guns. The law is not intended to be used the way you interpret it.

Originally Posted by Not_liking_FL

What a bunch of crap!

I own guns so I don't think I fall in the "guns are yucky" crowd. Shooting guns in a residential area should not be allowed unless you are defending yourself...PERIOD. Besides the obvious safety concerns there are quality of life issues as well. Who in the hell wants to listen to some idiot neighbor blasting their gun?

I wonder if the other states you mention have the power to remove elected officials from office if their municipality sets and enforces their own rules?

[Spring Hillian]

Originally Posted by Restrain

Define residential areas. That is the problem. Safety is more relevant. I can shoot a .22 in a garage safely, but would violate all sorts of laws in various cities that hate firearms.

It is that "hate" factor that made the need for such a law. It is a law that protects law abiding citizens from being prevented by local laws to give up their guns. If a town passes a "no guns in the city limits" law that law would not survive under the law in question. New York City has basically done it for decades.

[bbronston]

Originally Posted by Spring Hillian

Think. How practical would it be for someone in a residential neighborhood to have a shooting gallery in the back yard? Keeping within the requirements of the law would be nearly impossible. The point of the law is to tell local governments not to mess with the right for FL citizens to own guns. The law is not intended to be used the way you interpret it.

I agree that the most recent law was designed to prevent local governments from attempting to override state law, and I agree that is the correct move, but surely you can see the flaw with this law as it stands. A homeowner living in a community of zero lot line homes can legally shoot whatever firearm they want as long as the bullet doesn't cross a property line, road, or occupied dwelling. I'm sure the legislature would argue no harm/no foul if the bullet never leaves the property but there are obvious other issues related to noise and potential risk from shots that might leave the property. I'm all about supporting 2nd amendment rights but there has to be some common sense involved.

By the way, although I am not an attorney and don't know this to be a fact, I don't believe that an HOA has the right to limit something that local government does not. That doesn't make sense. And, even if one argues that local noise ordinances can handle the problem of disturbing the peace, what about suppressors? You still have an irresponsible and unnecessary risk to the public.

I'd rather see more public shooting facilities.

[HarryWho?]

Obsessions are dangerous. Whether you're repulsed or fascinated by anything, there's always two sides to the story and all the grey areas that situation creates. Fanatics of any stripe are just that, fanatics.

[Spring Hillian]

Yes, more public indoor ranges would be good. That would allow gun owners to keep their skill honed.
I wouldnt want to be the guy with a back yard range when a shot goes into the neighbors yard and kills someone tending their garden. That is why there isnt an explosion of back yard ranges. The law is more of a protector of rights than it is an invitation to allow people to be stupid.

Originally Posted by bbronston

I agree that the most recent law was designed to prevent local governments from attempting to override state law, and I agree that is the correct move, but surely you can see the flaw with this law as it stands. A homeowner living in a community of zero lot line homes can legally shoot whatever firearm they want as long as the bullet doesn't cross a property line, road, or occupied dwelling. I'm sure the legislature would argue no harm/no foul if the bullet never leaves the property but there are obvious other issues related to noise and potential risk from shots that might leave the property. I'm all about supporting 2nd amendment rights but there has to be some common sense involved.

By the way, although I am not an attorney and don't know this to be a fact, I don't believe that an HOA has the right to limit something that local government does not. That doesn't make sense. And, even if one argues that local noise ordinances can handle the problem of disturbing the peace, what about suppressors? You still have an irresponsible and unnecessary risk to the public.

I'd rather see more public shooting facilities.