Double Naught Spy
New member
NOT SAFE!
To me this is just a common sense issue.
Common sense (to me) says you would never willingly discharge a gun in a location where a bullet could penetrate a backstop, be deflected or the shooter inadvertently miss the backstop.
Surprisingly, as I read them, the State of FL's state preemption statutes (F.S. 790.25 and 790.33) do NOT explicitly give municipalities the general power to prohibit the discharge of firearms within city limits.Tom Servo said:...I'm surprised there aren't local ordnances against this. Most suburban areas have laws against discharging firearms on property, except under certain conditions.
IOW the discharge of firearms on private property is allowed by default provided it is done "under safe conditions and in a safe place". Furthermore, indoor ranges have explicit legal protection provided they are "safe and secure", but outdoor ranges implicitly do not.(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
...
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
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A person possessing arms at his or her home or place of business;
Even commercial outdoor gun range back stops get missed time to time, inadvertently. There is virtually no idiot proof backstop.
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To me this is just a common sense issue.
Common sense (to me) says you would never willingly discharge a gun in a location where a bullet could penetrate a backstop, be deflected or the shooter inadvertently miss the backstop.
Even commercial outdoor gun range back stops get missed time to time, inadvertently. There is virtually no idiot proof backstop.
So Florida law is cool with this. The cops are not cool with this, but tell me there's nothing they can do. The city attorney says he can do nothing. The NRA threatens any town that dares try to pass an ordinance against this. And best yet, crazy governor Scott made certain in 2011 that any public official trying to pass a local ordinance or otherwise prevent this would be removed, fined $5,000 and barred from using public resources to defend him/herself.
http://tallahasseeo.com/2014/02/02/...s-that-violate-your-2nd-amendment-gun-rights/
In 2005, when Charlie Crist was attorney general, he wrote a letter to Sheriff Roy Raymond of Indian River County that said: “It is well settled that absent a general law stating otherwise, local governments have no authority to regulate firearms in any manner.”
candr44 said:...In Hillsborough county (Tampa area), the next county over, one outdoor range had to shut down because of encroaching residential development. Another outdoor range in an old phosphate mine, and outside of residential areas, was shut down because of complaints of stray bullets.
If Hillsborough county can shut down a range its only a matter of time before Pinellas county can stop someone from shooting in their backyard in a residential area. It looks like this guy is doing his part in making that happen. ...
As Microgunner posted, it looks like the matter is resolved, at least for now. And I'm not too surprised that local authorities beleive their hands to be tied.Buzzcook said:One of the neighbors blogged about the range
http://www.dailykos.com/story/2015/...t-Feet-From-My-Neighbors-Kids-Bedroom-Window#
So Florida law is cool with this. The cops are not cool with this, but tell me there's nothing they can do. The city attorney says he can do nothing....
A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Examples of private nuisances abound. Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred...
...In Florida, private nuisance is subject to an objective standard which is somewhat comparable to the objective standard used in negligence: "The test to be applied is the effect of the condition complained of on ordinary persons with a reasonable disposition in ordinary health and possessing the average and normal sensibilities." Beckman v. Marshall, 85 So.2d 552, 555 (Fla.1956).
The law of private nuisance is a law of degree; it generally turns on the factual question whether the use to which the property is put is a reasonable use under the circumstances, and whether there is "an appreciable, substantial tangible injury resulting in actual, material, physical discomfort, and not merely a tendency to injure."....
Bravo for Shooter's World. If I'm ever in that area, I know where I'm going shopping.Microgunner said:Backyard range has been voluntarily shut down when Shooter's World offered him a one year range membership worth $500 if he dismantled his backstop.
They said they did it for the safety of the community.
http://www.wtsp.com/
I find it hard to be believe he can even own weapons if he has prior convictions of assault and convictions for possession of controlled substances such as cocaine and pharmaceuticals as cited in the neighbor's blog.
Bravo for Shooter's World. If I'm ever in that area, I know where I'm going shopping
Nothing was said in the blog about convictions; it mentions arrests and charges filed. Innocent until proven guilty, y'know.stagpanther said:I find it hard to be believe he can even own weapons if he has prior convictions of assault and convictions for possession of controlled substances such as cocaine and pharmaceuticals as cited in the neighbor's blog.