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  • thesav
    Member
    • Aug 2011
    • 160

    Advice needed to settle neighbor troubles

    Hello,
    This is my first real post on CalGuns.net. Sorry if this is the wrong forum to post this thread.
    My family has owned/leased since the late 40's a cabin from the Forest Service in the Dinkey Creek wilderness area of the Sierra National Forest. For four generations we have enjoyed target and clay shooting near the cabin. There are other cabins nearby, all but one of which are friendly to us and our habits.
    Last year an issue has arisen that has become complicated. A cabin owner has rented to a family member from out of state (Texas?) who does not like us shooting near the area. I assume because he grazes cattle down the hill. He aggressively approached for our first contact and scolded us for shooting on government land and claimed it was illegal. I politely and firmly informed him it was not. This repeated two more times during last summer. Later in the year he began calling the Sheriff. The Deputy came and inspected our targets and glanced at our equipment. I spoke with him and he was very courteous. He confirmed what I already knew; That it is public land, it is legal to shoot in the area, we were beyond the required 150 yards from a structure, we are shooting in a safe direction and that our equipment was nice and legal. Issue solved?
    This spring I let a close friend that is aware of the situation and the neighbor use the place. He was teaching his fiancee to handle a shotgun and was approached by a Sheriff's deputy. He was told by the deputy that the neighbor called. The deputy reportedly then said that if another shot is fired, ever, that all parties would be charged with felonies and arrested. My friend was obeying the same rules that I taught him. I don't like the sound of that. I cannot find any regulations online or by phone that would apply to our area that we are in violation of.
    1. Public land 2. Not a No-Shoot Zone 3. Not within 150 yards of any structure 4. Legal arms 5. Not during No-Shoot times
    I'm sure I could drive somewhere far away, but I don't like having my rights pushed aside and threatened with felonies. We have been there 60 years. He has been there 1.5 and decided to change the rules for himself. What should I do?
    Last edited by thesav; 05-25-2012, 3:02 PM. Reason: Additions
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation.""Can any of you seriously say the Bill of Rights could get through Congress today? It wouldn't even get out of committee."
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Call the sheriff and tell them the same story you just told us. That should resolve things.

    Comment

    • #3
      CrazyPhuD
      Member
      • Jun 2010
      • 458

      File a civil harassment suit against the neighbor, the owner than leases to him and the sheriffs office if the behavior continues. You cannot keep threatening people for behavior you just don't like. Trying to extort you by calling the cops is unacceptable. Hold them to the consequences for their actions.

      As of course document everything and get in contact with an attorney.

      Comment

      • #4
        thesav
        Member
        • Aug 2011
        • 160

        I have called and was informed that if it is legal to shoot, then continue to do so. When the deputies arrive, just inform them of the history of the neighbor and they will probably update their records on the neighbor and stop responding to the calls. I guess it will have to do. I just really got scared by that word "felony".
        "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation.""Can any of you seriously say the Bill of Rights could get through Congress today? It wouldn't even get out of committee."

        Comment

        • #5
          USMCforLIFE
          Member
          • May 2012
          • 144

          Originally posted by thesav
          I have called and was informed that if it is legal to shoot, then continue to do so. When the deputies arrive, just inform them of the history of the neighbor and they will probably update their records on the neighbor and stop responding to the calls. I guess it will have to do. I just really got scared by that word "felony".
          i say you host a get together and lets all go have some fun but then again i am a ***hole
          Come on, you sons of *****es! Do you want to live forever?
          GySgt. Daniel J. "Dan" Daly, USMC

          Remington 700 tactical 308
          Rock River Arms Elite Operator 2
          DPMS LR-308
          Sig 2022 PRO 40.
          Taurus 24/7 45.

          Comment

          • #6
            Jyruiz
            Senior Member
            • Oct 2009
            • 2045

            Originally posted by USMCforLIFE
            i say you host a get together and lets all go have some fun but then again i am a ***hole
            I think that is a great idea.

            Comment

            • #7
              USMCforLIFE
              Member
              • May 2012
              • 144

              Originally posted by Jyruiz
              I think that is a great idea.
              my experience in the Marine Corps Infantry has shown me multiple guns make more of a statement than one
              Come on, you sons of *****es! Do you want to live forever?
              GySgt. Daniel J. "Dan" Daly, USMC

              Remington 700 tactical 308
              Rock River Arms Elite Operator 2
              DPMS LR-308
              Sig 2022 PRO 40.
              Taurus 24/7 45.

              Comment

              • #8
                2shotjoe
                CGN/CGSSA Contributor
                CGN Contributor
                • Feb 2011
                • 26376

                Originally posted by thesav
                I have called and was informed that if it is legal to shoot, then continue to do so. When the deputies arrive, just inform them of the history of the neighbor and they will probably update their records on the neighbor and stop responding to the calls. I guess it will have to do. I just really got scared by that word "felony".
                You'll need that in writing.
                Originally posted by Kestryll
                ..you're kind of a sad excuse for an attorney...
                Originally posted by Libertarian777
                ...Don't pick either side....

                Comment

                • #9
                  ucsdryder
                  Member
                  • Jun 2009
                  • 344

                  We are only getting half the story. When the deputy said you would get arrested and charged with a felony, I assume your buddy asked the obvious question...what are we doing that would justify us being arrested and charged with a felony?

                  Comment

                  • #10
                    L84CABO
                    Calguns Addict
                    • Mar 2009
                    • 8580

                    Originally posted by ucsdryder
                    We are only getting half the story. When the deputy said you would get arrested and charged with a felony, I assume your buddy asked the obvious question...what are we doing that would justify us being arrested and charged with a felony?
                    It's probably worth getting the name of the deputy if something like that ever happens again. Then when you call the Sheriff's office, you can report that Deputy Barney Fife told us we would be arrested for X. Can you please confirm if this is accurate? And if it's not accurate, can you please see that Deputy Fife receives the proper training on this issue?
                    "Kestryll I wanna lick your doughnut."

                    Fighter Pilot

                    Comment

                    • #11
                      12voltguy
                      Veteran Member
                      • Feb 2006
                      • 4003

                      Originally posted by L84CABO
                      It's probably worth getting the name of the deputy if something like that ever happens again. Then when you call the Sheriff's office, you can report that Deputy Barney Fife told us we would be arrested for X. Can you please confirm if this is accurate? And if it's not accurate, can you please see that Deputy Fife receives the proper training on this issue?

                      Comment

                      • #12
                        thesav
                        Member
                        • Aug 2011
                        • 160

                        The deputy said that they were inside the 150 yard mark from the edge of another neighbors, not the complainant's, outhouse. I haven't actually measured but it seems to be further than that. I guess I get to buy a measuring device now. Would that even be a felony? It seems to me it may have been a "threat" to just have us stop so he wouldn't get called again, but I don't know. Is breaking the 150 yard mark a felony?
                        The complainant is beyond them, about 450-500 yards.
                        Last edited by thesav; 05-25-2012, 5:00 PM. Reason: Additions
                        "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation.""Can any of you seriously say the Bill of Rights could get through Congress today? It wouldn't even get out of committee."

                        Comment

                        • #13
                          RazzB7
                          Veteran Member
                          • Jul 2011
                          • 3419

                          Originally posted by USMCforLIFE
                          i say you host a get together and lets all go have some fun but then again i am a ***hole
                          Zombie Shoot!!!!
                          Originally posted by Conan the Barbarian
                          Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing
                          Originally posted by MrsRazz
                          I don't wish to be known as a set of tits behind a gun.

                          Comment

                          • #14
                            760knox
                            Senior Member
                            • Dec 2010
                            • 1394

                            Originally posted by USMCforLIFE
                            i say you host a get together and lets all go have some fun but then again i am a ***hole
                            Originally posted by Jyruiz
                            I think that is a great idea.

                            BBQ
                            YouTube:https://www.youtube.com/channel/UCSS...ms0ymGBQt_Jtdw

                            Comment

                            • #15
                              TonyNorCal
                              Calguns Addict
                              • Dec 2004
                              • 7526

                              I'd do the following...

                              1.) Double check with whatever federal entity administers the land (I don't doubt it, but just good to double check). Maybe get the number of a ranger or whomever verifies what you already know. If it's also possible to get the relevant regulations in writing that would be ideal.

                              2.) Call or e-mail the Sheriff's Deptartment. Ask to speak to a supervisor. Discuss your concerns, your neighbor's continued use of the legal system to try and deter your legal activity, and what the deputy told your friends. Clarify that the location your shooting and all other parameters conform to the law.

                              Remain calm. Even if you're pissed about the neighbor or it feels emotional, remain as calm as possible. Think through what you want to say before you call. Maybe even jot down a few notes.
                              Write down the name of the person you talk to.

                              3.) Control your emotions around your neighbor. Refrain from getting into shouting matches or being verbally aggressive (not saying you would). Be polite, but firm, and confident you are right.

                              It's good to have the legal stuff lined up as mentioned above. Your neighbor sounds like the kind of person who could make something up (not saying he will, just it's possible he could claim you were too close, etc.) So, just have talked to someone at the Sheriff's yourself, don't antagonize him as mentioned above, and hopefully enjoy your legal activity.

                              Comment

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