What's the law on shooting in public?
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idk, there's people everywhere, I'd be interested to know too.
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This is a good Q. I too would rather shoot water filled milk jugs, than slinging lead thru paper at the range. I don't know anyone with private acreage, so...I do canoe some remote areas on the river. I know I can get out in "no mans land" and shoot for a spell. I hear gun fire all the time. I just haven't done so before my CCL. Never really wanted to carry/take my weapons anywhere until I got my license. But I suppose the river trip may be my best option, it's just that I can't do that too often. I do NOT want to get in trouble by unlawfully discharging a weapon, so my choices are very limited.
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All has to do with land use and zoning codes. All municipalities will be different. I live in Palm Valley (Ponte Vedra), my neighbors (I call the Clampits, sp?) have neighbors on both sides and back up to a golf course. They shoot high powered rifles, shot guns and pistols in their back yard against a six foot berm. We have horses. I finally had enough and called the Sheriff's office. They came out and talked to the Clampits and me. They said it was legal and I could do it too, just don't shoot after ten at night. Go figure? I paid to join a range and drive forty minutes there and forty back.
Palm Valley is populated now. The county needs to change the zoning codes. Police/ Sheriff can only enforce the existing laws. They didn't like it. I didn't like it, but there it is.
Franklin
Palm Valley is populated now. The county needs to change the zoning codes. Police/ Sheriff can only enforce the existing laws. They didn't like it. I didn't like it, but there it is.
Franklin
That's great news Franklin. The next time we go shooting you can just fire up the grill and we can shoot from your back yard. A few steaks or some brats and we would be in business. :rolf
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Land & commercial zoning is a lot more abundant in central & N FL. south east FL has little.
No it doesn't. Here is the applicable state statute, there may be others but this is the main one.
Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
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.
Zoning has nothing to do with it.
790.33 Field of regulation of firearms and ammunition preempted.--
(1) PREEMPTION.--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. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.
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Fridaddy, I'm glad you've jumped in here, because I've been wondering about this question for a long time myself. I have a bit of land and I'm tired of paying range fees.
Unfortunately, I've seen all kinds of statutes that seem to put up all kinds of restrictions, but we're also aware that a lot of local stuff is actually invalid because of the state's preemption. The one's in the statute you've given seem to be pretty easy to work with, but how do we know when we've seen all of the valid laws? How do we know that there isn't a valid statute somewhere saying "not withstanding the provisions of xxx.xx, here's another restriction..."?
Unfortunately, I've seen all kinds of statutes that seem to put up all kinds of restrictions, but we're also aware that a lot of local stuff is actually invalid because of the state's preemption. The one's in the statute you've given seem to be pretty easy to work with, but how do we know when we've seen all of the valid laws? How do we know that there isn't a valid statute somewhere saying "not withstanding the provisions of xxx.xx, here's another restriction..."?
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PM, it's the part about being reasonably sure that I'm within the statutes that has me concerned. Let's face it- there's often nothing reasonable about the statutes themselves.Steve48, if your reasonably sure your within the statutes erect a berm and start shooting, it would be nice to have a LEO friend around and I am sure some Orlando members would trade help for range time
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I was taking about private property. Your law regarded public property.
Totally different.
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The law Fridaddy quoted specifies where you can't shoot. As you say, it includes public places, roads, over houses, and so forth. By implication, private property is OK, if the bullets never leave the property. That makes it quite germane to the discussion.
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Interesting. Explain, please?
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What he means is that the state preempts the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof concerning firearms, but not where/when they may be discharged.
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Interesting Article
I know a lot of members here quote Jon Gutmacher, well here is an article which backs up Fridaddy's post.
" 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 ... "
Private property is NOT listed as a place illegal to shoot, as long as you do NOT shoot FROM " any public place or on the right-of-way of any paved public road, highway, or street ... " or knowingly discharge a firearm " over the right-of-way of any paved public road, highway, or street " or OVER " any occupied premises .. ".
I know a lot of members here quote Jon Gutmacher, well here is an article which backs up Fridaddy's post.
Florida Statute 790.15 states that:
" 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 ... "
Private property is NOT listed as a place illegal to shoot, as long as you do NOT shoot FROM " any public place or on the right-of-way of any paved public road, highway, or street ... " or knowingly discharge a firearm " over the right-of-way of any paved public road, highway, or street " or OVER " any occupied premises .. ".
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