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Shooting at home

im4Christ92

Regular Member
Joined
Apr 25, 2011
Messages
31
Location
SW Florida
Anyone have any input/insight around setting up a range in your backyard? 790.15 refers to "recklessly" or "negligently" discharging in a residential area or used as a dwelling.

As I read it...if I setup a range that is effectively backstopped and shoot in a safe manner...I don't need to drive 40 miles to shoot.

Anytakers? BTW Happy New Year.

Sent from my SCH-i705 using Tapatalk 2
 

shastadude17

Regular Member
Joined
Dec 13, 2011
Messages
150
Location
United States
I've had LE called on me for shooting on private property. LEO politely told us the neighbor asked if we would stop, but we didn't have to. I say go for it.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Are you in a federal or state reserve? What are noise ordinances for your county? Are there county regulations concerning discharge of firearms?

If you clear all of the above, used tires filled with gravel or sand make inexpensive backstops. Go at least two deep though so where the tires meet it is backed up by a full tire behind it. Always be aware that bullets can ricochet back at you, if you want a closer distance to the target move the target towards you, don't fire close to the backstop.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Are you in a federal or state reserve? What are noise ordinances for your county? Are there county regulations concerning discharge of firearms?

If you clear all of the above, used tires filled with gravel or sand make inexpensive backstops. Go at least two deep though so where the tires meet it is backed up by a full tire behind it. Always be aware that bullets can ricochet back at you, if you want a closer distance to the target move the target towards you, don't fire close to the backstop.

Are there county regulations concerning discharge of firearms?
Complete preemption in Florida. So any such ordinances are unenforceable and unlawful.
 

wardtom084

Regular Member
Joined
Mar 1, 2010
Messages
40
Location
Robbinsville NC
Here in the mountains of NC we just go out in the front yard and shoot putting up some targets next to the mountain side. No one has ever called and now and then you hear a few go off in the area. At times we have shot about 200 rounds with no problem. The county finally opened up a range but it in about 20 minutes from the house.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Here in the mountains of NC we just go out in the front yard and shoot putting up some targets next to the mountain side. No one has ever called and now and then you hear a few go off in the area. At times we have shot about 200 rounds with no problem. The county finally opened up a range but it in about 20 minutes from the house.

Hearing gunshots around here is pretty much normal, except for the cities. I lived in the Florida Keys for sometime, I don't buy that there is a state preemption to discharge a firearm anywhere. If there is I want to see it.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Just for clarification could you cite the Florida preemption for discharging a firearm?

Here:

790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.
. . .
(3) POLICY AND INTENT.—
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
 
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WalkingWolf

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Jul 31, 2011
Messages
11,930
Location
North Carolina
Just what does that have to do with discharging a firearm? Please provide a cite that preempts noise laws, and discharging firearm laws?

Plus the above has no effect of law to federal laws on federal land or reservations.
 
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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Just what does that have to do with discharging a firearm? Please provide a cite that preempts noise laws, and discharging firearm laws?

Plus the above has no effect of law to federal laws on federal land or reservations.

Plus the above has no effect of law to federal laws on federal land or reservations.
Never said it did:
Are there county regulations concerning discharge of firearms?
Complete preemption in Florida. So any such ordinances are unenforceable and unlawful.



Just what does that have to do with discharging a firearm?

Here let me help you understand the written English language:
The Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition. . .


DICTIONARY
whole
Definition
ADJECTIVE
1. entire: complete, including all parts or aspects, with nothing left out
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Never said it did:






Here let me help you understand the written English language:



DICTIONARY
whole
Definition
ADJECTIVE
1. entire: complete, including all parts or aspects, with nothing left out

There is nothing in those statutes about discharging firearms being preempted. If you have some case law please present it. If you truly believe you can stand in the middle of the street in Miami and discharge a firearm I would suggest you retain a lawyer.

790.33 Field of regulation of firearms and ammunition preempted.—
(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.

The state cannot regulate the matter that is held in your intestines, but they can sure as helll regulate where you dump it. A act is not part of the preemption, only those associated with possession, carry, and transport. The intention of the law is clear, and spelled out. That statute has nothing to do with regulations concerning the discharge of firearms. You really need to contact a attorney before you end up with a pair of shiny bracelets. Just sayin`
 
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WalkingWolf

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Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Pompano Man Accused of Publicly Discharging Firearm

http://www.msnbc.msn.com/id/5029832...ed-publicly-discharging-firearm/#.UOW1heRUquI

790.15 Discharging firearm in public.—

(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 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.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 
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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
There is nothing in those statutes about discharging firearms being preempted. If you have some case law please present it. If you truly believe you can stand in the middle of the street in Miami and discharge a firearm I would suggest you retain a lawyer.

You still do not understand the word "whole"...as in the whole field of firearm regulation......:banghead:

If you truly believe you can stand in the middle of the street in Miami and discharge a firearm I would suggest you retain a lawyer.
Never said that either....that action would be illegal according to 790.15, F.S.

(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 . . .commits a misdemeanor of the first degree. . .


You seem to be angry that I pointed out your misinformation :cry:
You also seem confused as to what we are discussing....:confused:
As a reminder, the OP's initial question:
Anyone have any input/insight around setting up a range in your backyard? 790.15 refers to "recklessly" or "negligently" discharging in a residential area or used as a dwelling.

I would suggest you retain a lawyer.
Thanks for the unsolicited advice, but I already have one. :cool:
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
Pompano Man Accused of Publicly Discharging Firearm

http://www.msnbc.msn.com/id/5029832...ed-publicly-discharging-firearm/#.UOW1heRUquI

790.15 Discharging firearm in public.—

(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 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.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

You cannot be this dense (well I suppose you could be)....that is a state law where we were discussing County regulations......:banghead:
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
You cannot be this dense (well I suppose you could be)....that is a state law where we were discussing County regulations......:banghead:

NOT as dense as someone who thinks they can discharge a firearm at will and anyplace they feel like. Clearly the state did not intend on preempting discharging firearms, or they would have put it in the preemption.
 
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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
NOT as dense as someone who thinks they can discharge a firearm at will and anyplace they feel like. Clearly the state did not intend on preempting discharging firearms.

NOT as dense as someone who thinks they can discharge a firearm at will and anyplace they feel like.
Never said that either. You have serious reading comprehension issues!

Clearly the state did not intend on preempting discharging firearms.
You clearly have no idea what you are talking about.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Never said that either. You have serious reading comprehension issues!


You clearly have no idea what you are talking about.

I obviously can at least read laws, and have enforced them. But be my guest go shooting in one of the cites, Indian Reservations, Federal Reservations, and see what the outcome it is. Go for it!

You might want to also check with FDCFS just in case there are any children near by where you attempt to discharge a firearm.
 
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notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
I obviously can at least read laws, and have enforced them. But be my guest go shooting in one of the cites, Indian Reservations, Federal Reservations, and see what the outcome it is. Go for it!

How could you possibly enforce a law that you could not read, or if you could read it, not understand it? Especially a law that is so simple that my three grand kids can understand? (P.S. They are all under three years of age!)

DICTIONARY
whole
Definition
ADJECTIVE
1. entire: complete, including all parts or aspects, with nothing left out


But be my guest go shooting in one of the cites, Indian Reservations, Federal Reservations, and see what the outcome it is.
Again with the reading comprehension issues....

But for grins, I'll address this one:
Indian Reservations
Criminal laws of Florida abide on Indian land. Tribes have no authority to punish non-Indians. <-- Settled law.


WOW! Keep them coming.
You might want to also check with FDCFS just in case there are any children near by where you attempt to discharge a firearm.
Well, I've discharged firearms thousands of times near/with children, never had a problem. Oh, and there were LEO nearby too, and gasp, and some of them were shooting too!
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
How could you possibly enforce a law that you could not read, or if you could read it, not understand it? Especially a law that is so simple that my three grand kids can understand? (P.S. They are all under three years of age!)

DICTIONARY
whole
Definition
ADJECTIVE
1. entire: complete, including all parts or aspects, with nothing left out



Again with the reading comprehension issues....

But for grins, I'll address this one:

Criminal laws of Florida abide on Indian land. Tribes have no authority to punish non-Indians. <-- Settled law.
Please stop the emotional rant, there is nothing in the preemption law about discharging firearms. While on the reservations you do have to follow tribal law, you obviously have no idea of what you speak. Noise ordinances have nothing to do whatsoever with firearm preemption, that is just outright stupid to think that it does. Not to mention that FMP can charge a person with illegal dumping of a hazardous material. The list is endless of what a person can be charged with. The preemption law has nothing to do with endangerment, dumping, and noise laws. Even the state clearly shows they do not a allow reckless discharge of a firearm. You have much more than reading comprehension issues.

AGAIN where in the preemption statute does it define discharge of a firearm?

"the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation"

The field of regulation is clearly spelled out.
 
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Mixael

Regular Member
Joined
Aug 26, 2012
Messages
44
Location
OKC, OK
I went to the Florida Statues and Constitution website. I looked up the portion that was linked...and it DOES say that the state has preempted the whole of the firearms issue, to include ammo.....HOWEVER, the section previously posted does NOT cover firearm discharges, as that is another section...Look at Title XLVI, Chapter 790...and you find this..IF you look for something about discharging a firearm. (And this is just from a short 5 minute or less look at the published statues, not a long study):

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.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

I am not going to argue either way on this, but 790.33 does NOT discuss firearm discharges, while 790.15 DOES. Now, continue your discussion.
 
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