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Old 07-13-2018, 03:24 PM
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0790.15 Discharging firearm in public or on residential property.
Need help understanding
(Section 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 ..
Subsection 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. But THIS subsection DOES NOT APPLY to 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; or C. To a person who accidentally discharges a firearm.
{As of 2018}
As long as im not negligent, Reckless, and Unsafe at home while discharging a firearm then i think I'm okay here in the country at home. BUT what is your take? Heres the Link if you need a look..
[ http://www.leg.state.fl.us ]
Look under - 0790.15..

And ... what is considered residential? I cant find a solid clear definition? I have got an annoying neighbor.. i tend to "practice" once in a while just a few shots, maybe 2 to about 10 rounds from a firearm. 1 of 2 pistols or 2 rifles just checking functionality, feeling recoil, doing a mag change time check, use of a dummy round for ftf training kind of thing, nothing major. I have several trees, pallets, a post with a sheet of wood with my targets on it, and some dirt behind, in an area not imo unsafe, and not uprange from any house, trail or road... if i shoot and a shot goes off target (never has) it would hit another tree. But a neighbor a few acres away north west of me which i shoot south has a snippy attitude cause the shots annoy there dog, and has threatened to call cops.. i think im fine.. what do you think, whats your opinion...?

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Old 07-13-2018, 04:30 PM
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You'd first have to answer this to get to the meat of the issue - you have to meet that requirement in the country as well (not clear if that's the case with you):

Subsection 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.
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Old 07-13-2018, 05:10 PM
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Counties in Florida often have their own rules -- plus municpalities [though I am assuming you are not in a municpality]. I'd talk to the local sheriff's office frankly.

These trees that would catch any stray bullets -- are they on your property? On someone elses?

How far from your gun range is any neighbor [in the direction you are shooting]. I seem to remember there were rules about the construction of home ranges [but that may be in certain counties, in re how much dirt and so on].
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Old 07-13-2018, 05:29 PM
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I'm reading it as any land, zoned by the county as residential, and not two acres. I agree with FJ, I would contact the Sheriffs office to confirm.
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Old 07-13-2018, 09:40 PM
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Originally Posted by D2 View Post
0790.15 Discharging firearm in public or on residential property.
Need help understanding
(Section 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 ..
Subsection 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. But THIS subsection DOES NOT APPLY to 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; or C. To a person who accidentally discharges a firearm.
{As of 2018}
As long as im not negligent, Reckless, and Unsafe at home while discharging a firearm then i think I'm okay here in the country at home. BUT what is your take? Heres the Link if you need a look..
[ http://www.leg.state.fl.us ]
Look under - 0790.15..

And ... what is considered residential? I cant find a solid clear definition? I have got an annoying neighbor.. i tend to "practice" once in a while just a few shots, maybe 2 to about 10 rounds from a firearm. 1 of 2 pistols or 2 rifles just checking functionality, feeling recoil, doing a mag change time check, use of a dummy round for ftf training kind of thing, nothing major. I have several trees, pallets, a post with a sheet of wood with my targets on it, and some dirt behind, in an area not imo unsafe, and not uprange from any house, trail or road... if i shoot and a shot goes off target (never has) it would hit another tree. But a neighbor a few acres away north west of me which i shoot south has a snippy attitude cause the shots annoy there dog, and has threatened to call cops.. i think im fine.. what do you think, whats your opinion...?

Thanks
I think if you take out of the equation, the random trees and your home made plywood "Back stop" and ask yourself honestly if a round you fire could travel over a public roadway , public area or private property with a dwelling, you will have your answer.



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Old 07-13-2018, 11:38 PM
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To Florida Jean, about trees, its Both mine then theres. In my shooting lane i have trees on both sides, and the left side i also have my picket fence then more trees, right side about 60 feet+ or so of more trees, the neighbor is approximately 3 maybe 4 acres worth to the NW type direction. I have a Neighbor directly north of my home. I am shooting southward towards my back stop at the side of my home, and in the direction behind the back stop is several more feet of trees, I'm guessing more than 70 feet+ worth of mix trees, vines, weeds, things like that. Im in the wooded country far outside of town.

Also as i asked steepo, what is considered residential? I cant find a solid clear definition?
Is residential a term used when one is in trouble? Hypothetical cop dredd says, this Road is primarily residential in nature and that has a residential density of one or more dwelling units per acre, so you are commitin a misdemeanor of the first degree. If im hunting a 5 acre lot i may own, with homes on each side then i should be allowed, or if i own my little 2 acre plot i should be able to shoot. if i reference 790.15 b). If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or C. To a person who accidentally discharges a firearm.
{As of 2018}
im not negligent, Reckless, or Unsafe while discharging said firearm. I have had training, hunter safety courses, experience so Whats the harm, why should i let the systems assume and railroad my right away? Be on my property in the country side and let cops berate me like im scum and know nothing.. granted i hope they play nice but on my country land i would argue, i think I have a right. I dont go out every day or every week. But if i wanna then i should. Im just trying to comprehend the law, get more clarity. Seems its unclear so in essence one cop may interpret the statues diffrent than another. ..
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Old 08-26-2018, 10:52 AM
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Here's my take as a former Florida LEO and current Florida attorney:

If the area is zoned residential and the lots are less than an acre in size (i.e. your typical subdivision) then the statute applies.

The loophole in the statute is the provision that its not violation "If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property".

This will be a judgment call made by three people. First, the investigating officer will make a judgment call as to this provision. If he thinks you violated the statute and charges you, the second person who will make a judgment call will be the State Attorney, who may or may not decide to prosecute. If he does prosecute, the next group to make the judgment call will be a jury.

Not worth the risk if you ask me.
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Old 09-10-2018, 04:43 PM
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I'm not lawyer so please consult one but:
One thing that concerns me...you say your neighbors are like a few acres away? Not knowing your layout that may be a long way or just a little (US acre is typically 66'x660' - chain by furlong), but a lot of people also get squares, etc. How may yards away is your neighbors property line or public lands/etc behind the backstop??? if the property line is within 1500yds and you dont have a proper backstop you are asking for trouble. You say you are banking on trees to stop stray bullets, and that not youve never shot off target...what will the police or juror say to that answer if someone is injured. A sheet of plywood and a little dirt doesnt sound sufficient either, and your answer surely wouldnt convince me not to convict you. Now if you said you rented a backhoe and piled up 6' high berm x 10' wide and piled the backside with concrete and logs, then I may say you did your due dillignece and that was an accident.

Remember what is considered "safe and prudent" goes out the window when someone gets hurt.

My thought - talk to a lawyer, speak to the local police, and if you are still up to shooting on your property afterwards, build a proper backstop! Also consider a suppressor so you dont annoy the neighbor...but only supplementary to the aforementioned.
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Old 09-10-2018, 06:00 PM
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Thegoat;

Agree due diligence needs to be applied. As well as common sense. Too many fool's thinking some random trees or flimsy backstop will stop a bullet. And then you have errant shots flying over the backstop of any kind.

Florida is one of the highest populated states in the country.

A few years back Florida basically threw away any local gun range ordinances , making it up for grabs for anyone shooting in or near residential areas. The latest revision seems to be a weak attempt at weasel wording a residential prohibition.

The problem is we have rural areas abutting high density residential areas. Shortly after Florida first abandoned the local ordinances, a homeowner was killed in his own back yard from a deer slug fired on a rural parcel as target practice.

I once lived in a rural area of Leon County and was in a subdivision of 2 an 5 acre horse farm parcels. We had a big well heeled and politically connected private hunting club next to us, that by and large kept their activities quiet and well contained. Any way, one day I came home to find a rifle bullet hole in my huge satellite dish. From the trajectory through the dish, it probably traveled a very long distance in an arc. It easily could have hit us in the head in the driveway or come through the roof. I cannot imagine they were shooting birds or even flying deer with that rifle. Somebody just aimed ludicrously high and fired. Might have been D ick Cheney!

If somebody gets hit with an errant shot, it won't matter that there is no criminal intent, it will become a huge civil lawsuit, and negligence will be the word of the day.

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Old 09-11-2018, 09:04 AM
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So I live in Ft Lauderdale area and sometimes hear gunshots...probably not for practice, but thats another story. But I also own very rural property near Okeechobee. I often hear gunshots when I'm out there as its mostly farmland/woods and each property is at minimum 6 acres. I have 8' razorwire around the whole property and cameras covering the roadway and structures so I know no-one has set foot on it. Yet Ive found at least 5 projectiles on the driveway in the 4 or so years Ive owned it, who knows how many are in the field/grass. I found a 5.56 that was in an L shape, a .45 FMJ with the nose bent, another JHP half mushroomed and a few .38 swc lead rounds that didnt have much damage at all. I suspect these skipped off of someones makeshift range, or were targeting coyotes or something and went askew - but it really doesn't matter the reason because they all ended up in my yard.

The way I look at it, what precautions would you want your neighbors to take if they were shooting your way??? Then do accordingly.

Here is a pic of the .45 I found last year on my walkway, looks to have bounced directly off the concrete structure it was laying in front of...

.45.jpg

Remember every bullet has a lawyers name on it.
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Old 09-11-2018, 11:11 AM
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So I live in Ft Lauderdale area and sometimes hear gunshots...probably not for practice, but thats another story. But I also own very rural property near Okeechobee. I often hear gunshots when I'm out there as its mostly farmland/woods and each property is at minimum 6 acres. I have 8' razorwire around the whole property and cameras covering the roadway and structures so I know no-one has set foot on it. Yet Ive found at least 5 projectiles on the driveway in the 4 or so years Ive owned it, who knows how many are in the field/grass. I found a 5.56 that was in an L shape, a .45 FMJ with the nose bent, another JHP half mushroomed and a few .38 swc lead rounds that didnt have much damage at all. I suspect these skipped off of someones makeshift range, or were targeting coyotes or something and went askew - but it really doesn't matter the reason because they all ended up in my yard.

The way I look at it, what precautions would you want your neighbors to take if they were shooting your way??? Then do accordingly.

Here is a pic of the .45 I found last year on my walkway, looks to have bounced directly off the concrete structure it was laying in front of...

.45.jpg

Remember every bullet has a lawyers name on it.
Those are just the bullets that landed on your driveway and walkway. There must be many more. You should wear a hard hat when you go out to get the mail!

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