View Full Version : Shooting on your property
06-08-2011, 3:03 PM
A friend of mine is trying to figure out, if he can legally shoot plates in his property. He has about 10 acres in the town of Pescadero, CA... is Pescadero incorporated or not? I'm been reading some codes but I'm not clear... can anyone point us in the right direction? or have any input?
06-08-2011, 3:08 PM
The town has less than 1000 residents so I doubt it is incorporated. It is in San Mateo County so you need to check that county's code for local laws related to firearm discharge. For example, many counties restrict shooting within X yards of someone else's house.
06-08-2011, 3:18 PM
I found this so far:
3.52.010 - Definition of "firearms".
Firearms is defined as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, "BB" gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
(Prior code § 3250.0; Ord. 1047, 03/02/54)
3.52.020 - Discharge of firearms prohibited.
No person shall, within the unincorporated area of the County of San Mateo, discharge or fire any firearm, except as provided in section 3.52.030 hereof.
(Prior code § 3250.1; Ord. 1047, 03/02/54)
3.52.030 - Exceptions.
The provisions of section 3.52.020 as to the use of any firearm shall not apply to any of the following cases:
To sheriffs, constables, marshals, policemen, or other peace officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;
To persons using firearms in the lawful defense of self, third persons, or the user's property;
To persons discharging or firing such firearms or causing them to be discharged or fired at a regularly established firing, shooting or target range with the consent of the owner and/or person in charge of any such firing, shooting or target range; the term "regularly established firing, shooting or target range" as used in this subsection includes properly constructed indoor and/or outdoor home ranges on private property when such range is supervised by an adult.
To persons lawfully hunting pursuant to the provisions of the California Fish and Game Code.
(Prior code § 3250.2; Ord. 1047, 03/02/54)
If it's unincorporated San Mateo county, you should be OK if you set up a little range with a decent backstop (like a hill) and you don't have any neighbors that complain.
If you have bad neighbors they can cause problems for you and get a San Mateo county Sherriffs deputy over to your place telling you to stop shooting even though you've broken no law.
If you have that problem and feel like fighting it, get a good lawyer.
06-08-2011, 4:21 PM
In this case back drop and surroundings means everything. 10 acres is a little small to be shooting on in that general area but it really depends on where that 10 acres is. You should not be using a neighbors property as a back stop unless you have permission. Probably wouldn't hurt to let the neighbors know also. Pescadero does have some "different types" in it. Common sense would prevail in this situation.
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