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Thread: Reckless Discharge?

  1. #1
    Regular Member TFred's Avatar
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    Reckless Discharge?

    Two friends of mine were doing some recreational shooting this evening. Rural area.

    Neighbors called the police, who showed up, were fairly cool about it all, but advised that they could be arrested for reckless discharge of firearms.

    Apparently they were shooting from on private property into a local river. Small river, not an open body of water with risk of ricochet, etc. High bank on the other side of the river.

    I did a quick read of both 18.2-56.1 and 18.2-280, and I don't see any law that covers this scenario, as long as there is no actual reckless shooting.

    So it may not have been the smartest place to shoot, but strictly speaking legally, any idea of any actual law that was broken?

    Sounds to me like the deputies were making stuff up.

    TFred
    Last edited by TFred; 07-09-2014 at 11:53 PM. Reason: Ugh, grammar!

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    Regular Member Fallschirmjäger's Avatar
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    What? No, Never!!!

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    Moderator / Administrator Grapeshot's Avatar
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    Did they stop shooting? If so, the intimidation worked.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Consider the meaning and definition of reckless and pray that the idea does not reach a sympathetic legislator's ear, or de-press. Correspondents here on OCDO have said that the shooter is responsible for the fall of every bullet.
    I am responsible for my writing, not your understanding of it.

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    Maybe, maybe not One would have to read the actual wording of the charge as statute if they were charged.

    Good back stop no near by houses or people behind it. It could be very hard to charge.

    I handle several situations like this in my career. I would talk with the shooters look at the area they were shooting in and it looked and seem safe. I tell them to be careful and the neighbors had a concern so be careful.

    I if found nothing was done wrong I tell the neighbor what they were doing was legal.

    I never had any body that was actually shooting in a reckless manner.

    I found that in 100 percent of the cases I handled that it was a noise problem instead of being reckless and or the neighbors just wanted to back sure they were being safe.

    But then I was well inform and very pro 2nd and wouldn't let anti's get away with foolishness.


    But not all officers are well informed or very pro 2nd.
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    Don't see how it would be reckless unless there was somebody on the river.

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    Regular Member OC for ME's Avatar
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    The reckless dumping of lead into a waterway.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    The reckless dumping of lead into a waterway.
    Lead is almost insoluble in water (micrograms per liter), despite what the enviroMENTALIST-nazis would have you believe.
    I am responsible for my writing, not your understanding of it.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nightmare View Post
    Lead is almost insoluble in water (micrograms per liter), despite what the enviroMENTALIST-nazis would have you believe.
    Don't keep your lemonade or orange juice in a lead glazed pitcher though - potentially dire consequences.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  10. #10
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by Nightmare View Post
    Lead is almost insoluble in water (micrograms per liter), despite what the enviroMENTALIST-nazis would have you believe.
    Almost = not insoluble...
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  11. #11
    Regular Member TFred's Avatar
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    Here's the ultimate irony... turns out that about three months ago, they were doing the same thing... deputies showed up, looked the situation over, said no problem, you're fine, have a nice day...

    Yet another data point for "never take legal advice from the police!"

    TFred

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    Me and some friends were canoeing on the Rappahannock River on a couple different occasions and encountered some idiots shooting into and across the river. On both occasions we had to ask them to stop shooting so we could paddle through. They were acting as if we weren't even there. We had barely finished paddling through during one of those trips when they started shooting again practically shooting over the last paddlers head.
    Last edited by mobeewan; 07-11-2014 at 04:47 AM.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    A nearby family enforces their Swimmers-No-Motors buoys with potato-guns to great effect. Green potatoes biodegradable with adequate kinetic energy.
    I am responsible for my writing, not your understanding of it.

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    Regular Member MontanaResident's Avatar
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    I live in a rural area, and some nights it's like I live next to a gun range.

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    Regular Member MontanaResident's Avatar
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    Quote Originally Posted by mobeewan View Post
    Me and some friends were canoeing on the Rappahannock River on a couple different occasions and encountered some idiots shooting into and across the river. On both occasions we had to ask them to stop shooting so we could paddle through. They were acting as if we weren't even there. We had barely finished paddling through during one of those trips when they started shooting again practically shooting over the last paddlers head.
    Was this a river formerly known as the Cahulawassee River? If they started playing banjos, I'd be even more afraid. Weeeeweeeeeeweeeeeeeee.....
    Last edited by MontanaResident; 07-11-2014 at 10:25 AM.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by MontanaResident View Post
    Was this a river formerly known as the Cahulawassee River? If they started playing banjos, I'd be even more afraid. Weeeeweeeeeeweeeeeeeee.....

  17. #17
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    "Reckless Discharge"

    "Reckless Discharge"

    The reckless and wanton discharge of foreign children (and various assorted OTM's) into the United States by Latin American countries.

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