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Shooting Over a River... Legal or Not?

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  • osokne
    Member
    • Aug 2010
    • 296

    Shooting Over a River... Legal or Not?

    After much digging, the only law I could find regarding shooting over a river (or other body of water) had to do with being on National Forest land. The river in question, is fairly small as rivers go (~30ft wide avg) and runs through a valley, which is fairly steep, on both sides. One side of the valley, is privately owned and the other side is BLM land. The property line is the river, itself... or the historic high water mark thereof, or some such.

    The owner of the (private) property asked me if I knew whether or not it was okay to shoot a target, on the other side of the valley. So, he'd be shooting a level/horizontal shot, at a target on the other side, at roughly the same elevation. (Not downward or upward). The other side is completely uninhabited and has no roads. In fact, it's so steep, it's basically inaccessible. Both the proposed shooting & target positions, are roughly 120ft above the river. On the target side it's over 2000ft to the top of the ridge, which is 2500 yards distant. Which pretty much makes it a "BFB" or "Big Friggin' Backstop". The terrain is sand/soil, with scattered bushes and trees.

    Any ideas?
    "Improvise, Adapt and Overcome"
  • #2
    phrogg111
    Senior Member
    • Jan 2012
    • 750

    Shooting over a body of water, or shooting over or down a road, is illegal. If part of the land is BLM land, I wouldn't risk it. I wish I could quote the laws on this.

    Is the BLM land all considered national forest?
    Hunting is a loophole in the 2nd Amendment to the Bill of Rights.

    There is no privilege to keep and bear arms.

    Arms are for killing people. All other uses of an arm are illegitimate uses.

    Comment

    • #3
      NorCalDustin
      Senior Member
      • Apr 2010
      • 1463

      Over or down a road... Illegal, yes.

      Over a body of water... I dont know.
      Originally posted by BannedinBritain
      The only dumb question is the one you don't ask...and get arrested for later.

      Comment

      • #4
        MudCamper
        Veteran Member
        • Mar 2007
        • 4589

        It's an interesting question. I don't know of any federal codes that prohibit shooting across rivers on BLM lands. They can however post closures and restrictions per 43 CFR 8364.

        Known state and federal codes

        BLM public statement on shooting

        You could call the local BLM office and ask their opinion. While it may not be correct, it would tell you whether or not they'd come after you for it.

        Comment

        • #5
          IrishJoe3
          Veteran Member
          • Feb 2009
          • 3804

          Originally posted by phrogg111
          Shooting over a body of water, or shooting over or down a road, is illegal.
          The road, yes. Over water? I'm not so sure.
          Urban legends are a poor basis for making public policy.

          Comment

          • #6
            crackerman
            Senior Member
            • May 2009
            • 2441

            Why does everyone thing shooting over a road is illegal?
            sigpic

            Comment

            • #7
              NorCalDustin
              Senior Member
              • Apr 2010
              • 1463

              Originally posted by crackerman
              Why does everyone thing shooting over a road is illegal?
              Please go read the BLM website and lookup prohibited shooting locations.
              Originally posted by BannedinBritain
              The only dumb question is the one you don't ask...and get arrested for later.

              Comment

              • #8
                fullrearview
                Calguns Addict
                • Jan 2008
                • 9371

                Over water? As far as I know, it is illegal. I will look for the fish and game code. It's one of those lost in the back of the book codes that I have only seen brought up a few times while backing DFG Wardens.
                "Always do right. This will gratify some people and astonish the rest."~M.Twain~

                Comment

                • #9
                  Ron-Solo
                  In Memoriam
                  • Jan 2009
                  • 8581

                  Originally posted by phrogg111

                  Is the BLM land all considered national forest?

                  BLM land is different than National Forest, but both are Federal. They are manage by different areas of the Federal government.
                  LASD Retired
                  1978-2011

                  NRA Life Member
                  CRPA Life Member
                  NRA Rifle Instructor
                  NRA Shotgun Instructor
                  NRA Range Safety Officer
                  DOJ Certified Instructor

                  Comment

                  • #10
                    fullrearview
                    Calguns Addict
                    • Jan 2008
                    • 9371

                    Yeah, can't find it right now... Too tired. I'll look tomorrow.
                    "Always do right. This will gratify some people and astonish the rest."~M.Twain~

                    Comment

                    • #11
                      Curley Red
                      Banned
                      • May 2011
                      • 1737

                      Is the river considered a navigable water way?

                      Comment

                      • #12
                        mud99
                        • Oct 2011
                        • 1075

                        I doubt you will find much federal law concerning shooting over a river - Otherwise all those gator hunters on TV would be in jail right now.

                        Comment

                        • #13
                          osokne
                          Member
                          • Aug 2010
                          • 296

                          Originally posted by Curley Red
                          Is the river considered a navigable water way?
                          Hmmm... It's not listed on any of the kayak enthusiast websites. Kayaks might get through, part of the the year, yes. Rafts, probably not. Motorized boats would be an "Oh hell no".
                          "Improvise, Adapt and Overcome"

                          Comment

                          • #14
                            JackRydden224
                            Calguns Addict
                            • Aug 2011
                            • 7224

                            When in doubt in California don't do it. You just never know what kind of laws or ban are in place that could get you in trouble. It's not worth it.

                            I say consult with local authorities first and get it in writing or hard copy of some sort. If they are attempt to arrest or tell you that you can't later then you can present proof you have gotten the okay from the same agency. I'm not a lawyer, but we are talking about guns in an anti-gun state so I can only advise you to CYA all the time.

                            Comment

                            • #15
                              DuknBucks
                              Member
                              • May 2012
                              • 418

                              Originally posted by fullrearview
                              Over water? As far as I know, it is illegal. I will look for the fish and game code. It's one of those lost in the back of the book codes that I have only seen brought up a few times while backing DFG Wardens.
                              OK....how about waterfowl hunting? that is legal on many rivers.......

                              Shooting into water is discussed in hunter safety as a safety issue but not as a general regulation...... bullets can skip!
                              sigpic
                              Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.

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