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Thread: Good experience with Cobb County Police.

  1. #1
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    I have only found two (2) laws regulating this activity - the "50 yard from a road" and "not onto or over" a neighbors property. I live on 6.5 acres and I'm aware of the bill waiting to be passed/signed regarding the size of the property. That would make it ok, regardless of local ordinances. I'm wondering about any kind of "disturbing the peace" ordinances? Anyone have any experiences with this issue?

    I emailed the police to inquire about my intent to "target" shoot on my property. I was contacted by the Captain first. He was a nice guy. Then the Det. Srgt. from My local precinct #5 - Cobb County Police called me. He asked if he could stop by for a visit. I agreed. He checked out my (6.5 acre) property and thanked me for making the initial contact. Another very nice guy. He indicated, especially after meeting me, that there were NOT going to be any problems - regardless of what the neighbors think - . We had a nice chat about Glock 23's and "our" preferred (.40 cal. 155gr. Hornady TAP/FPD) ammo too - I'm happy I contacted them first. I also distributed a nice, pleasant, short and sweet "notification of intent" to all my neighbors. There are really no laws restricting my intended activity - due to my location. I simply wanted to take the "high road" on the issue so everyone is on the same page.

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    It is Lawful, under your circumstances, except Cobb County Ordinance 86-5(a).

    This Law is Lawful under Georgia Firearms Preemption Law 16-11-173(e).

    However, I am, too, aware of the Bill you speak of. The Bill was co-authored by Sean Jurguson, who is very Pro-Gun, and is in The General Assembly under HB 182.

    Local Ordinances, authorized under 16-11-173(e),under this Bill, would not stand under 16-11-173(e1*), if passed, because; Discharge on properties of 5 acres of Land or more would be Lawful notwithstanding Local Discharge Laws, such as 86-5(a).

    Discharge of a Firearm within 50 yards of a Roadis Illegal though under Georgia Code 16-11-103, or on another Property, less having their Permission, under Gerogia Code 16-11-104.

    16-11-103 and 16-11-104 are both Misdemeanors.

    However, neither of those Laws apply to Self-Defense, or Standing your Ground Laws, as are Codified under Gerogia Laws 16-3-21 through 16-3-24.2.

  3. #3
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    I don't understand your reply?

    "It is Lawful, under your circumstances, ((except)) Cobb County Ordinance 86-5(a)."

    There are no laws/ordinances or codes prohibiting/restricting me from shooting on my property. The one "municode" you referred to (86-5) does not affect me?

    I also discussed ANY type of "disturbing the peace" laws/ordinances or codes with the Sgt. who visited my property. Those codes only come into affect during night time hours - 9pm through7am. I have no plans to shoot at night anyway, unless for self defense. The officer said they would deal with the neighbors for me (explaining the law), if anyone complained.

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    You are right... I misworded my reply.

    Cobb County Ordinance 86-5 only applies to Persons on another Mans Property, less His permission.

    This Law does not apply to you on your property.

    Nuisance Laws do not apply to Sport Shooting Ranges, per Georgia Code 41-1-9,so if there was just any way to make your Property a Sport Shooting Range...

    Just a wild thought!



  5. #5
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    I agree. I think that might be the only thing that could possibly come up / be raised by the neighbors - the "nuisance" issue? I am going to build an actual type of range on the property that will have an embankment, plywood and hay bail backstop and side barriers. Then look into establishing an actual range - if I need to. Then the neighbors could not raise the noise issue, since a range is exempt. I don't think? For now anyway, I'm just going to let the police deal with the neighbors, as they said they would do for me.

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    Georgia Code 41-1-9,as passed by The Georgia General Assembly:

    O.C.G.A. § 41-1-9
    Sport shooting ranges

    (a)As used in this Code section, the term

    (1)"Person" means an individual, proprietorship, partnership, corporation, or unincorporated association.

    (2)"Sport shooting range" or "range" means an area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.

    (3)"Unit of government" means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities.

    (b)No sport shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operation as a sport shooting range. Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this Code section.

    (c)No sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation.

    (d)No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances.

    HISTORY: Code 1981, § 41-1-9, enacted by Ga. L. 1997, p. 796, § 1.

    Get a Permit, and keep 'her quiet, whereabouts', for a year. Then, after one solid year, Fire-er'-up!

    Furthermore, maybeThe Police should conduct a Reverse 'Terry Stop' againstyour neighbors to ensure that they are in compliance with Georgia Law 16-11-173(d) and Kennesaw Law, 34-21, requiring such. Considering, of course, that you live in Kennesaw, however; based on what I gather, despite your thread moniker, you only live in The Unincorpoarted portion of The County.







  7. #7
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    Aadvark,
    Did the private message I sent you come through? Just wondering. I like the way you think. Maybe one day we'll get (personally) acquainted? Also, thank you for your insight and suggestion. I have read through all that "nuisance" stuff in the codes. To answer your question, yes, I live in unincorporated Kennesaw. County police are my first responders.
    I'm wondering about that permit and how I might go about obtaining one (if you know)? I'm a firm believer in being well prepared. As the saying goes - well begun is half done. Just in case the neighbors decide to "somehow push" for me to stop my activity.
    As nice as the "boys in blue" have been thus far, their hands may be tied at some point. Maybe? I realize they may not have any choice other than asking me to stop. Maybe? So I'm thinking, why not set up an actual "range" and beat the "foes/anti's" to the punch? Then they have no "state, county or local" legal ground to stand on.

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