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Thread: Who do you call to figure out if I can shoot on my land?

  1. #1
    Member Specialist3's Avatar
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    Who do you call to figure out if I can shoot on my land?

    I bought a house out in Levy county (Bronson area) recently and according to Bronson's ordinance: (b)It shall be unlawful for any person to discharge a firearm within the town limits. Common sense. But since I am outside of city limits, I am a bit behind the bronson speedway, it appears I have to go through the F.S.790.15

    I am not near any paved road nor am I in a public area. I am on 5 acres.
    My nearest neighbor is across the dirt road and is 600'ish. They wouldn't be in my fire line either way.

    My next closest which is dead south is about 1000'ish from me. Maybe more, I'm guestimating via google.

    Otherwise im no where close to anyone. If I type in East Bronson, it shows that I and the raceway are in the limits. Yet, it's all country/woods/farmland. Id rather not be shooting and have LE show up.

    Trying to find out who it is I should call to find out if I can legally shoot other than the sheriff's office.

  2. #2
    Distinguished Member T.S.'s Avatar
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    According to Florida Statute 790.15 Discharging firearm in public or on residential property:

    http://www.leg.state.fl.us/statutes/...s/0790.15.html

    790.15 Discharging firearm in public or on residential property.—(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,

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

    or over any occupied premises,

    or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use

    commits 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 Florida Forest Service.

    (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.
    What is recklessly or negligently?

    If in doubt call an attorney for legal advice.
    Last edited by T.S.; 03-05-2013 at 05:48 PM.
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  3. #3
    Distinguished Member Riverpigusmc's Avatar
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    You only live about 8 miles from me, it seems
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  4. #4
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    Quote Originally Posted by T.S. View Post
    According to Florida Statute 790.15 Discharging firearm in public or on residential property:



    What is recklessly or negligently?

    If in doubt call an attorney for legal advice.
    This.

    Oh, and BTW, the Bronson ordinance is unlawful and unenforceable.

    Negligence: The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner.


    Recklessness: Rashness; heedlessness; wanton conduct. The state of mind accompanying an act that either pays no regard to its probably or possibly injurious consequences, or which, though foreseeing such consequences, persists in spite of such knowledge.
    Recklessness transcends ordinary Negligence. To be reckless, conduct must demonstrate indifference to consequences under circumstances involving peril to the life or safety of others, although no harm is intended.


    Generally 'reckless' means "willful or wanton disregard for the safety of persons or property" In turn, 'willful' means "intentionally, knowingly and purposefully," and 'wanton' means with a "conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property."

    Most jurisdictions interpret similar statutes using the word 'reckless' as requiring proof of willful or wanton conduct where the conduct "must be intentionally embarked upon by the actor with the realization that it probably will cause injury to another."

  5. #5
    Member Specialist3's Avatar
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    I actually thought about, ha.

    That's what I've read. It would seem that not shooting in a direction of a residence and having a backstop would seem to be neither reckless nor negligent.

    Not, yeah as I understand it local governments have no authority to regulate firearms in any manner outside of state law.

  6. #6
    Member WAR2's Avatar
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    I live in the next County over from you and in a very similar setting. We have been told by LE that as long as you have a good backstop where you do not have to worry about rounds straying and you are discharging weapons in a safe manner you are fine. Just make sure your backstop is constructed well enough there can be no question about rounds making it past it. Also, we were just cautioned to not shoot at odd hours as to give the neighbors a reason to complain in regards to the noise.

    The laws that have been stated by previous members are what law enforcement appears to be going by, nothing hidden anywhere else, but remember each officer may "Apply" the law differently. Be safe, Be smart and Be respectful. You should be OK.

    You could email LCSO Watch Command which is your guys over the patrol division and get their opinion.
    watchcommand@levyso.com Maybe you will get a timely response
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    Your best bet would probably be FWC.

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    Also check you're noise ordinances!! otherwise get a silencer.

  9. #9
    Member Specialist3's Avatar
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    Thanks guys. I'll hit up that email and senf FWC a shout as well.

  10. #10
    Super Moderator Rvrctyrngr's Avatar
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    FWC has no authority in the matter. Their authority is over the taking of game...period.

    As long as the projectiles do NOT leave your property, it is perfectly legal to shoot on your property. The Levy County ordinance is unenforceable due to 790.33.
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