GTA
All Springer/NP/PCP Air Gun Discussion General => Air Gun Gate => Topic started by: DMikeM on September 15, 2010, 07:29:00 PM
-
http://library2.municode.com:80/default-test/template.htm?view=browse&doc_action=setdoc&doc_keytype=tocid&doc_key=f4dff18d92cb0c83bae15fc74757c175&infobase=16211 (http://library2.municode.com:80/default-test/template.htm?view=browse&doc_action=setdoc&doc_keytype=tocid&doc_key=f4dff18d92cb0c83bae15fc74757c175&infobase=16211)
I have been approached by Deputy Sheriffs on 2 separate occasions about shooting in my backyard on private property. Both times I was told I couldn't discharge a firearm in this area. I told them "fine, this is not a firearm it is an Air Rifle, a spring powered non combustion pellet gun. Please present me with the city or county Law or MC that says I cannot shoot and I will stop" Both times they have said they would contact me once they find the proper code. Neither have reappeared. According to the document I have linked to it still says firearm. What do you guys think?
I will keep looking myself though.
Mike
-
Ineresting... In my small town those of us who live withing the city limits are not allowed to shoot anything, including slingshots, blowguns or paper wads...:) Law is specific to any projectile.
My property line backs up to county property, and no homes anywhere near the direction I shoot. But it is still against the law to discharge any projectile within the city limits period.
So far I have a nice working relationship with the city police who patrol and as long as they do not get a complaint they will keep driving by..:)
-
9.92.060 Purchase.
No person except a parent or guardian shall purchase from, sell, exchange, give, lend or furnish to any person under the age of eighteen years, a revolver or pistol of any description, shotgun, or rifle, which may be used for the explosion of cartridges, or any airgun, B-B gun, gas-operated gun or spring gun, or any knife or knives having the appearance of a pocketknife, the blade or blades of which can be opened by a flick of a button, pressure of the handle or other mechanical devices; or any instrument, toy or weapon commonly known as a sling shot, or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above or by any other name. Any such weapon possessed in violation of this chapter may be confiscated by any peace officer.
(Ord. 82-72 § 1(part), 1982)
.................................................this was the only part i saw about air rifles....................................
i live a mile outside the city and i shoot all day and my neighbors shoot air rifles from time to time but never any sheriff action, i think you handled it just right, be polite ask for the ordinance, wait an hour or two then have at it. some of my wife's relives are in law enforcement and they call me up to shoot out hear, but there not sheriff deputy's,,there city cops .......ps i liked the part about "missles" lol its unlawful to throw snowballs where you live!!!! the cops will lock up the whole 5th grade class! WHAT IS THE WORLD COMING TO???????
-
I actually went into friendly conversation with all 3 officers, 2 the first time on an actual call against me and 1 the second time heard the shooting from is open window on a drive bye. Both times we discussed how they also let there own kids shoot there own air rifles often and never thought it was an issue. The last guy even said he had watched me shoot for at least 20 minutes and was impressed in the safety and accuracy I showed and really didn't have a problem with what I was doing. Wonder why he bothered then. I printed this stuff out so I can show any additional officers that may show up in the future.
-
The answer is clear, given your convenient link directly to the entire statute.
You are in the right, and the cops, obviously being pressured by busy body neighbors to try to trick you into believing you were breaking the law to stop, are in the wrong.
They were clearly hoping to get you to stop a legal activity by leading you to believe you were violating the law.
That's why they did not even attempt to write you a citation.
That's not really a knock on cops in general, only an observation on how they sometimes have to skate right up on the edge of their legal authority to satisfy some "squeaky wheels" who may have a bit of a Gladys Kravitz mentality.
http://en.wikipedia.org/wiki/Gladys_Kravitz (http://en.wikipedia.org/wiki/Gladys_Kravitz)
My town bans them, largely because there were problems with irresponsible airgun shooters some time back in the 1960s.
My suggestion would be to use your airguns extra carefully from now on to ensure no one has a pretext to complain, and it might not be a bad idea to acquaint yourself better with your neighbors, especially those who were likely to have dropped the dime on you.
Then, you can eventually casually show them your shooters and demonstrate that they are only sophisticated "BB guns," and that you are very conscientious in how you use them.
Who knows?
Maybe some of them may be intrigued and want to do some shooting with you in the end.
-
It sounds like you handled the situation well. I looked at the ordinance you linked to and I could not determine if you could legally shoot on your property. Here is what my city's ordinance says:
"Sec. 20-161. Discharging, etc., prohibited; exception.
(a) No person shall fire or discharge any gun, pistol or other firearm within the city, except on premises used by a duly licensed shooting gallery, gun club or rifle club.
(b) No person shall be permitted to fire or discharge upon any public way within the city any air gun, spring gun or other similar device which is calculated or intended to propel or project a bullet, arrow or similar projectile; provided, however, that nothing in this article shall prevent the use of such weapons in shooting galleries or in any private grounds or residence, where the projectile fired or discharged from any such gun or device will not traverse any space used as a public way."
Maybe you should go to your local city fathers and suggest the language shown above. It's clear that I can legally shoot an airgun on my property.
In the meantime, the suggestion given that you cultivate the relationship with your neighbors was a good one. I've had my neighbors come over and shoot with me in the backyard and I have a police captain living about 75 yards away. The guy who lives next to the policeman writes for the magazine "Guns and Ammo". I hope things work out for you. Everyone should have the right to shoot an airgun on their property.
-
It hinges upon their definition of "firearm". Where I live it includes air guns. Good luck.
-
Thanks guys, I had once found an insert somewhere that I cannot find again, stating that it was legal to shoot an Air Gun, BB GUN or bow on private property considering that it was not done so in a grossly negligent manner. I did quote that to the officers and all three agreed I was shooting within that description. My shooting lane is suspect as there are homes behind my traps but I have built them of metal enclosures and only shoot that lane with scopes.
-
It hinges upon their definition of "firearm". Where I live it includes air guns. Good luck.
ATF excludes Air Guns from the definition of firearms due to non combustion. You may want to look that up.
-
I agree with all above about shooting on your own property.
I like the statute that mentions projectile not traversing any public space.
I go one further.
I shoot from my rear property line towards a steel/duct seal silent trap backed by indoor/outdoor carpeting over 1/4" rubber sheet attached to a 4x4' 3/4 " plywood....
.... against my garage rear wall.
Talked with all my adjacent neighbors and promised that all my shooting would be towards my own buildings. None of them have any trouble with letting me shoot at my own garage 8)
I use the same set up for my indoor shooting, so if i trust it in my house ...
Just an idea for others who live in a city where discharging any projectile is unlawful.
HW30 and 1377 are quieter than my ( and thier ) usual backyard power tool use, so they dont complain when I am shooting.
ds