Florida Back Yard Gun Ranges (law, safety, residential)

[tom11011]

Hi group,

I wanted to get a layman's understanding of the semi-newly enacted Florida law regarding back yard gun ranges.

In February of 2016, the Governor signed into law SB130.

The relevant excerpt from the law reads as follows.

Section 1. Subsection (4) is added to section 790.15, Florida Statutes, to read:

790.15 Discharging firearm in public or on residential property.—

(4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:

(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
(b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property;
(c) To a person who accidentally discharges a firearm.

My questions as follows-

1.) Although I have 12 acres, is the law basically saying you need 1 acre minimum to target shoot?
2.) If this is true, can the 1 acre minimum be waived altogether if b above applies (seems vague).
3.) It's been 1.5 years already. Any interesting cases that affirm or challenge this law?

Thanks!

[BucFan]

might post same question in the FLA forum for better response.

[tom11011]

Good point

[MortonR]

I can tell you that in Hillsborough County (unincorporated portions) that there is a distance from the property line measurement you have to meet, but nothing I recall regarding actual size of the lot. There is a large tract of privately owned land that abuts a private park next to my property. The owners have used portions of that land for a shooting range, and according to a county sheriff I know as long as they're more than a certain distance from the property lines of adjoining properties they're legal.

I also believe that the state statutes now overrule any local laws, that is, a few years ago there was legislation passed at the state level that essentially eliminated local firearm laws and made state laws take precedence.

Of course, I would highly recommend that you consult your local government and see what they say.

RM

[mortpes]

Two considerations in this. The range of the rounds. You must make 100% certain the round stays on your property. Second, the sound. Again the sound must stay on your property. It is possible to do all of that if you make the effort. Happy shooting.