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Is it legal to target shoot on private property in rural area?

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  • #16
    akzl
    Member
    • Nov 2007
    • 367

    Originally posted by chainsaw
    There is no statewide code prohibiting this.

    Some counties and nearly all incorporated cities have codes that restrict shooting. The restrictions can have many different forms - parts of the county may be allowed while others are prohibited, there may be rules regarding distance to property lines and to dwellings, there may be time restrictions (typically dawn to dusk), and there may be noise regulations that affect shooting.

    It seems that in most cases, shooting is allowed outside of incorporated cities, usually with restrictions to make sure the shooting stays away from neighboring properties and residences.

    I've had extremely good luck calling the local Sheriff's department, they know exactly what the rules are, and they don't harass people who are shooting legally. Rather on the contrary, if they get noise complaints about shooters, they typically visit the shooter, tell them that they have received complaints, and then let them continue shooting. YMMV.
    As you have stated here is how we have always understood it. I will call the S.D. Sheriff's Department on Tuesday am and see if I can find out what the deal is. Not sure if the information came from a local sheriff that does not want us to shoot any longer in the area and why.

    Comment

    • #17
      redone
      Junior Member
      • Aug 2009
      • 48

      I thought it was also legal to shoot on BLM land , so you could just walk over on too it and shoot.

      Comment

      • #18
        Beelzy
        Calguns Addict
        • Apr 2008
        • 9224

        Originally posted by adamsreeftank
        It worked for me. I called my local sheriff and he said no problem. Just stay 100 yards from the neighbor's house when shooting, or something to that effect. We hear people target shooting all the time around here. But this is a pretty rural area. On the other hand, at my city dwelling, the local PD told me no airguns or archery in my yard.

        Oh, I forgot to add
        Some Cites/Counties have changed the 100yd part to a 1/4 mile. Depends on the zoning of a particular area, IIRC.
        "I kill things for a living, don't make yourself one of them"

        Comment

        • #19
          GrizzlyGuy
          Gun Runner to The Stars
          CGN Contributor - Lifetime
          • May 2009
          • 5468

          Originally posted by redone
          I thought it was also legal to shoot on BLM land , so you could just walk over on too it and shoot.
          That's often true but there are some caveats. See here.
          Gun law complexity got you down? Get the FAQs, Jack!

          sigpic

          Comment

          • #20
            GrizzlyGuy
            Gun Runner to The Stars
            CGN Contributor - Lifetime
            • May 2009
            • 5468

            Originally posted by akzl
            As you have stated here is how we have always understood it. I will call the S.D. Sheriff's Department on Tuesday am and see if I can find out what the deal is. Not sure if the information came from a local sheriff that does not want us to shoot any longer in the area and why.
            You'll get the best info from actually reading your county's code. LEOs sometimes aren't aware of everything in the code or may simply forget to tell you something important.

            I looked it up for you and found the section on firearms and discharge. See here.
            Gun law complexity got you down? Get the FAQs, Jack!

            sigpic

            Comment

            • #21
              rromeo
              Calguns Addict
              • Sep 2009
              • 6981

              My county says no shooting from the road. That's about it.
              Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

              - from THE SECOND BOOK OF KYFHO
              (Revised Eastern Sect Edition)

              Comment

              • #22
                cmth
                Senior Member
                • Mar 2009
                • 519



                From the Sheriff's Department website.
                Libertas aut Mors

                Comment

                • #23
                  akzl
                  Member
                  • Nov 2007
                  • 367

                  Originally posted by cmth
                  http://www.sdsheriff.net/documents/shooting_map.pdf

                  From the Sheriff's Department website.
                  Thank you, good source, I take it the white area is not shown in the legend is unrestricted which is where my property is.

                  Comment

                  • #24
                    akzl
                    Member
                    • Nov 2007
                    • 367

                    Originally posted by GrizzlyGuy
                    You'll get the best info from actually reading your county's code. LEOs sometimes aren't aware of everything in the code or may simply forget to tell you something important.

                    I looked it up for you and found the section on firearms and discharge. See here.
                    Thank you for the link, I can't get it to work, might be the terrible satellite service up here is it something you can send me the website to or copy and paste via PM and I can try and get the info? This was sent to me from another member regarding code, it is unbelievable


                    1. These regulations are extremely specific about where you can't shoot (sec. 33.104), and extremely broad at the same time. It seems that you can't shoot anywhere but in a designated range anywhere in the county.

                    Comment

                    • #25
                      GrizzlyGuy
                      Gun Runner to The Stars
                      CGN Contributor - Lifetime
                      • May 2009
                      • 5468

                      Originally posted by akzl
                      Thank you for the link, I can't get it to work, might be the terrible satellite service up here is it something you can send me the website to or copy and paste via PM and I can try and get the info? This was sent to me from another member regarding code, it is unbelievable
                      I copy/pasted into a MS Word file and uploaded it to one of my web servers. Click here to download. If that doesn't work, then PM me your E-mail address and I can send it to you as an attachment.

                      Yes, it is voluminous. My county's code is far simpler and less restrictive.
                      Gun law complexity got you down? Get the FAQs, Jack!

                      sigpic

                      Comment

                      • #26
                        akzl
                        Member
                        • Nov 2007
                        • 367

                        I was able to access the link another way, this must be the code he (the sheriff) was referring to
                        SEC. 33.104. DISCHARGE OF FIREARMS PROHIBITED.
                        Other than in the defense of person or property, it shall be unlawful for any person to shoot, fire or discharge any pistol, revolver, shotgun, rifle or any other firearm or device fired or discharged by explosives, or air gun or air rifle in any portion of the unincorporated territory of the County within that portion of the County of San Diego described as follows: (All references to sections, townships and ranges are based on the San Bernardino Base and Meridian):

                        But in the same code it says:
                        SEC. 33.101.5. NO SHOOTING -- PERIODS OF HIGH FIRE HAZARD.
                        (a) Other than in defense of person, it shall be unlawful for any person to discharge any pistol, revolver, shotgun, rifle or any other firearm or device fired or discharged with explosives during any period in which a "high fire hazard" has been declared by the California Department of Forestry. The prohibitions of this section shall commence upon the declaration of a "high fire hazard" by the California Department of Forestry and shall continue until noon of the day following the final day of the "high fire hazard" period as specified in said declaration. Information as to whether or not a "high fire hazard" has been declared shall be made available to the public from the Office of Disaster Preparedness.
                        (b) This section shall not be applicable to the following:
                        (1) Persons discharging firearms or devices on and pursuant to the safety regulations of a shooting range established and operated pursuant to a permit issued by the Sheriff.
                        (2) Persons discharging firearms or devices who are the owner, person in possession of the property upon which the firearms or devices are being discharged or a person having the express permission of the owner or person in possession of the property upon which the firearms or devices are being discharged provided that any areas in which any firearms or devices are being discharged or areas in which ammunition impacts occur are cleared in such a manner as to prevent igniting any brush or flammable materials.

                        See Section B-2, as I own the property and it is clear of all burn material and a 150 yards from a dwelling, seems to contradict itself?????????

                        Comment

                        • #27
                          GrizzlyGuy
                          Gun Runner to The Stars
                          CGN Contributor - Lifetime
                          • May 2009
                          • 5468

                          Originally posted by akzl
                          See Section B-2, as I own the property and it is clear of all burn material and a 150 yards from a dwelling, seems to contradict itself?????????
                          I don't see the contradiction. My read is that:

                          1) During periods of high fire hazard, you and your target need to be somewhere on your property where your shooting isn't likely to start a fire ("are being discharged or areas in which ammunition impacts occur are cleared in such a manner as to prevent igniting any brush or flammable materials").

                          2) You need to be at least 150 yards away from someone else's house or barn.

                          Those two provisions are independent, you need to meet both, and one doesn't have anything to do with the other. You'd also need to meet whatever other provisions are in there (e.g., not being within one of the no-discharge zones).
                          Gun law complexity got you down? Get the FAQs, Jack!

                          sigpic

                          Comment

                          • #28
                            dantodd
                            Calguns Addict
                            • Aug 2009
                            • 9360

                            As GrizzlyGuy said, (b)(1) and (b)(2) are distinct exceptions. You only have to meet ONE of them to be exempt from 33.101.5(a).

                            In other words if you are following the rules at an established range you may discharge your weapon.

                            You may also discharge your weapon if you are the owner of the property (or have the owner's permission) "provided that any areas in which any firearms or devices are being discharged or areas in which ammunition impacts occur are cleared in such a manner as to prevent igniting any brush or flammable materials."
                            Coyote Point Armory
                            341 Beach Road
                            Burlingame CA 94010
                            650-315-2210
                            http://CoyotePointArmory.com

                            Comment

                            • #29
                              Cokebottle
                              Seņor Member
                              CGN Contributor - Lifetime
                              • Oct 2009
                              • 32373

                              Originally posted by redone
                              I thought it was also legal to shoot on BLM land , so you could just walk over on too it and shoot.
                              Common misconception.... and it resulted in a near flame war in a thread about 6 months ago, where some were simply posting links to BLM maps saying "go for it", and others were advising that even on BLM land, you still MUST check county codes for restrictions and prohibitions.

                              Example, as I mentioned above, the Victor Valley south of Barstow is shotgun only during deer season.
                              All of western Riverside county (anything west of Moreno Valley/Hemet... those aren't the exact borders, but a rough call) is prohibited.
                              I've seen posts from quite a few people who live in the Corona area and mentioned they found a BML spot near there, and they haven't had any problems with LEOs... but it is prohibited.
                              - Rich

                              Originally posted by dantodd
                              A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                              Comment

                              • #30
                                akzl
                                Member
                                • Nov 2007
                                • 367

                                Originally posted by dantodd
                                As GrizzlyGuy said, (b)(1) and (b)(2) are distinct exceptions. You only have to meet ONE of them to be exempt from 33.101.5(a).

                                In other words if you are following the rules at an established range you may discharge your weapon.

                                You may also discharge your weapon if you are the owner of the property (or have the owner's permission) "provided that any areas in which any firearms or devices are being discharged or areas in which ammunition impacts occur are cleared in such a manner as to prevent igniting any brush or flammable materials."
                                If that is the case then it is against the law to shoot on your own property if it is not an established range per
                                SEC. 33.104. DISCHARGE OF FIREARMS PROHIBITED.
                                Other than in the defense of person or property, it shall be unlawful for any person to shoot, fire or discharge any pistol, revolver, shotgun, rifle or any other firearm or device fired or discharged by explosives, or air gun or air rifle in any portion of the unincorporated territory of the County within that portion of the County of San Diego.

                                Without exception? I just do not understand this code applying to our area on my own property. It 33.101.5 B-2 only applies to a "established range"

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