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Back yard shooting range and restrictions on plat

lgrx3

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We recently bought a house out in the country outside of city limits that sits roughly on 1 acre . It is in a sub division but it backs up to nothing but woods behind us and no houses close to us . I am wanting to build a back yard shooting range but after we bought the house we found out there is restrictions not on the deed but the plat and one of those restrictions is no firing of firearms allowed . I know I can shoot in a safe direction and have a safe back stop . My question is this even legal I found in the KRS which states the following . 237.104 Rights to acquire, carry, and use deadly weapons not to be impaired -- Seizure of deadly weapons prohibited -- Application of section. (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument. (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person. (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is: (a) Forbidden to possess a firearm pursuant to KRS 527.040; (b) Forbidden to possess a firearm pursuant to federal law; (c) Violating KRS 527.020; (d) In possession of a stolen firearm; (e) Using a firearm in the commission of a separate criminal offense; or (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150. I would think the at any other time section would cover my situation. Anyone ever ran into a situation like this?
 

color of law

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I am wanting to build a back yard shooting range but after we bought the house we found out there is restrictions not on the deed but the plat and one of those restrictions is no firing of firearms allowed.
I would like to see that document.
There could be a problem in regards to zoning (city and/or county). Zoning may regulate shooting on residential property. I also don't know if you are in a township/unincorporated area.
 

lgrx3

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Zoning would only apply to inside city limits which I am not . I do not believe we have townships in Kentucky or at least I never heard of them and I know it is not an unincorporated area of the city .
 

solus

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Zoning would only apply to inside city limits which I am not . I do not believe we have townships in Kentucky or at least I never heard of them and I know it is not an unincorporated area of the city .

please remember you posted on the premier open carry site blatantly stating...”is this even legal?”

then summarily dismiss the offer for review by an august member...stating “i don’t believe or i know it is not...”

Seeking unequivocal lawyer advice from forums isn’t always the best source of information
 

color of law

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KY does have unincorporated areas. They are either controlled by a city or county. And depending on which one is there a residential zoning ordinance?
 

lgrx3

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This is not in an unincorporated area this is outside of city limits in the country roughly ten miles outside of city limits . I know Kentucky has unincorporated areas I stated I don't believe Kentucky has townships as I have never heard of one in Kentucky. By legal I was referring to the restriction.
 

color of law

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This is not in an unincorporated area this is outside of city limits in the country roughly ten miles outside of city limits . I know Kentucky has unincorporated areas I stated I don't believe Kentucky has townships as I have never heard of one in Kentucky. By legal I was referring to the restriction.
If it is NOT a city then it is more than likely an unincorporated area.
 

2a4all

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Lgrx3:

Did you use a realtor to help you with your home purchase? He or she should be able to tell you if the shooting ban shown on your plat is based on a local ordinance or state law. You can always call the county clerk's office (or whoever records deeds) and ask them for a reference. They'll also be able to tell you if your property is within an incorporated or unincorporated area. Such status often affects public services (e.g. fire, police, trash removal, etc.).

Does Kentucky have state preemption (i.e. a state law that restricts localities from enacting firearms statutes)? The law you referenced in your OP seems to only deal with states of emergency. What about the rest of the time?
 

color of law

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please remember you posted on the premier open carry site blatantly stating...”is this even legal?”

then summarily dismiss the offer for review by an august member...stating “i don’t believe or i know it is not...”

Seeking unequivocal lawyer advice from forums isn’t always the best source of information
Three posts in two years. Do I need to say more?
 

lgrx3

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The realtor did not know about the restrictions and thinks the restrictions are not binding because they are on the plat instead of the deed . He claims he has never heard of restrictions being on a plat before. He also states the ban is just part of the restrictions it has nothing to do with any city ordinances as I am outside of city limits by miles . Kentucky has preemptions that restrict localities from enacting most firearm statues without first getting permission from the state. The KRS does deal with emergencies but it also says states at any other time also .
 

color of law

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That's more than likely correct, but your county could have a zoning ordinance. Did you check? Just google your county name for a zoning ordinance. What is your county?
 

lgrx3

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I did check I googled it and the only thing that comes up for zoning is for the city nothing comes up zoning wise for the county . It is a odd situation since the restrictions are on the plat .
 

color of law

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I did check I googled it and the only thing that comes up for zoning is for the city nothing comes up zoning wise for the county . It is a odd situation since the restrictions are on the plat .
How old is that plat drawing? Also, plat drawings list what is public versus private. They can carry covenants, but the terms cannot be illegal.
 

2a4all

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You may want to some research. How long has this property carried its current zoning classification (e.g. residential, agricultural, etc.)? It may have been zoned differently (or not zoned at all) in the past which could be a reason for the "no shooting" note on your plat. The reason may have gone away with a zoning change, but the plat may not have been updated.

And as CoL said, an old covenant may still exist that banned shooting as part of an agreement to transfer control of the property (a much larger tract that includes your lot) from one entity to another.
 

KBCraig

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This is why title companies and title insurance exist.

If usage restrictions weren't disclosed before you closed, you have a claim against the title company.
 

solus

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The realtor did not know about the restrictions and thinks the restrictions are not binding because they are on the plat instead of the deed . He claims he has never heard of restrictions being on a plat before. He also states the ban is just part of the restrictions it has nothing to do with any city ordinances as I am outside of city limits by miles . Kentucky has preemptions that restrict localities from enacting most firearm statues without first getting permission from the state. The KRS does deal with emergencies but it also says states at any other time also .

of course the realtor didn’t know...wink, wink...did they express surprise w/wide eyes and with hands over their mouth too?

they have a vested interest in “not knowing” cuz you gave them $$$$ and were contractually obligatory to represent your interests ** oh wait i bet you didn’t have your own realtor most probably you used the seller’s who only had their best interests in mind - huh!

i currently live in a plotted rural neighbourhood with a dozen homes...we are supposed to be governed by homeowners group...isn’t active, or so i’m told! yet on the back adjacent side of my property (next street) there is a homeowners group which is allegedly active. I checked but my real estate attorney say they have no standing!

oh a sidebar one neighbour has Just erected a 30x30x20 foot metal structure in his back yard, along our property line, so he can engage in his new enterprise of painting vehicles (he hasn’t ever done it before but thinks it will be fun to see if it will be profitable) while the other new neighbour is using his property to store medium sized construction equipment, ladders, three pickups, two trailers of his Home repair construction enterprise!

rural, religious, Eastern NC county regulators, good olde boys, don’t care as i was told it‘s their property to do with as the owners please.

OP please expend your $$$$ and put your clumsy earthen berms (btw what std are you going to use - NRA’s or just wing it as you see fit?) around your new handgun, long gun, shotgun (tannerite use occasionally?) range so you and your buddies can blast away based entirely on the say so of the realtor and the august open carry forum folks...
 
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color of law

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This is why title companies and title insurance exist.

If usage restrictions weren't disclosed before you closed, you have a claim against the title company.
Not necessarily so. If you bought the house having a mortgage the title company was there to protect the bank, not you. All the title company did was make sure there are no liens on the property and if there are will they take a superior position over the bank.

I payed cash for my house and I hired the title company to protect me against liens or any encumbrances.
 

lgrx3

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Apr 7, 2018
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Location
KENTUCKY
I was going spend the money and build a nice berm to shoot just hand guns into as I don't have the distance to shoot rifles and not really into shotguns . I am still researching this issue I emailed the county judge executive about any county zoning or ordinances that might be in place and have not received a reply back yet.
 
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