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Thread: Can you shoot snakes on your property?

  1. #11
    Member Wuzznt Me's Avatar
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    Can a city still make a law about discharging a firearm inside the city limits? I thought everything regarding guns was pre empted by the state. Only thing I've found is you can't do it in public unless it's defensive.

  2. #12
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    Quote Originally Posted by Wuzznt Me View Post
    Can a city still make a law about discharging a firearm inside the city limits? I thought everything regarding guns was pre empted by the state. Only thing I've found is you can't do it in public unless it's defensive.
    I've been wondering this same thing. Palm Bay has a similar law (including BB guns, airsoft guns, paintball guns, and archery) that doesn't include self defense in its exemptions (primarily, police officers and at the city paintball park). I didn't think cities could enact firearms laws, but I'm not an expert so I'm not completely sure.

    I did stumble across this legal opinion from (then Atty. General) Charlie Crist that said Indian River County couldn't enact a discharge law:
    http://myfloridalegal.com/ago.nsf/pr...25703C0071D2FB

    Does anyone else know?

  3. #13
    Distinguished Member chuckusaret's Avatar
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    The majority of the cities/towns in Florida have a code/law against the disharging of any weapon, to include BB and pellet guns, slingshots and potato gun type weapons with in residential areas.
    US Army 1953 - 1977 ‘‘It is not the function of our government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.’’
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  4. #14
    I am pretty sure the Sheriff's office would let you go if you told them that a water moccasin was coming at you and those snakes will not give up as they won't retreat. I had to cut one in half with a shovel one time, now I would use my little 9mm.
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  5. #15
    Quote Originally Posted by Wuzznt Me View Post
    Can a city still make a law about discharging a firearm inside the city limits? I thought everything regarding guns was pre empted by the state. Only thing I've found is you can't do it in public unless it's defensive.
    No, the Joe Carlucci Uniform Firearms (790.33) act does not cover this.

    Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void.

  6. #16
    Super Moderator Steve48's Avatar
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    Quote Originally Posted by petiteshooter View Post
    I am pretty sure the Sheriff's office would let you go if you told them that a water moccasin was coming at you and those snakes will not give up as they won't retreat. I had to cut one in half with a shovel one time, now I would use my little 9mm.
    Lawful self defense pretty much trumps any ordinance against discharging a firearm.
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  7. #17
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    This is also from 790.33 though:

    (3) POLICY AND INTENT.--

    (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
    Discharge laws clearly pertain to firearms. So this part of the law says all firearms laws are preempted, the opening one enumerates certain ones that are preempted but doesn't include discharge. Which part of the law takes precedence? Look at the Attorney General opinion in my previous post. He explicitly told Indian River County that they were not free to enact a discharge law themselves because of 790.33.

    Of course, I'm an engineer, not a lawyer. I'm perfectly fine solving all sorts of complicated math problems, but this legal nonsense gives me a headache!

  8. #18
    Distinguished Member T.S.'s Avatar
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    According to Florida Statute 790.15 - Discharging firearm in public.

    http://www.flsenate.gov/Statutes/ind...n%2015#0790.15

    790.15 Discharging firearm in public.--

    (1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm

    in any public place

    or on the right-of-way of any paved public road, highway, or street

    or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street

    or over any occupied premises

    is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.

    (2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    IMHO, my property is NOT a " public place ". Also as long as I do not discharge my firearm " on the right-of-way of any paved public road, highway, or street " or " over the right-of-way of any paved public road, highway, or street " or " or over any occupied premises " then I am not in violation of any law and I can dispose of snakes on my own property.
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  9. #19
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    Incredible! "Ignorance of the law is no defense", but even the police don't know what the laws are!
    Whatta country!
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law" because law is often but the tyrant's will, and always so when it violates the rights of the individual.
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  10. #20
    Member Wuzznt Me's Avatar
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    Quote Originally Posted by ZO6Vettever View Post
    This past Monday I closed on a lakeside home in Deltona. With 138' of lake front I'll be carrying when I go down to the lake or mow. I don't like snakes. I'm thinking about shotshell for my 22 magnum. I'm pretty sure there has to be some sort of law pertaining to discharging a weapon there. I called Volusia County Sheriff's office and they didn't know, what's up with that??? Anybody know if you can legally shoot a snake on your prpoerty?
    I didn't mean to hijack the thread but I think my question provided some relevant answers to the op. I live next door to the City of Deltona and they used to have a city limits discharge law. There are rural areas where people used to go to target practice until they started getting arrested but that was years ago and I don't know what has changed. I know they have skeet shooting at the Deltona Sportsmans Park and seem to get by just fine. Since you specified .22mag shot which sure ain't gonna cross any roads or leave your property, which is not public, if it were me I'd probably just shoot. But that's just me. It's my opinion also that it's up to the SO to know those laws and their validity to avoid wrongful arrests which can get expensive.

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