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Did Florida law 02/27/16 also ban firing black powder guns, in your yard ?

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    FLT

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    Good question . I guess the only to find out for sure is to keep doing it. If they don't come out and arrest you then it's ok. Just pulling your leg there, if someone calls the police and if he wants to he can arrest you for it. I'm 99.99% sure of it. You could get lucky and get an older more experienced officer and he would most likely just tell you couldn't do that any more, but if you get one fresh out of the academy he's going to write you a summons to appear in court and let the judge decide. That's just my opinion, others my see it another way.
     

    JohnAL

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    I'm going to hazard a guess that if they did not specify any specific firearm then it's all inclusive.

    What's more dangerous,a .380 or a .50 cal. miniball?
     

    Zeroed in

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    IDK, but I believe a firearm is a firearm is a firearm, regardless as to what powder is used to propel the projectile. But to be on the safe side, I'd call your local police department and get their clarification on it, since they'll be the ones arresting you if you mis-read the statue. just saying.
     

    wildrider666

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    BP is also a No-No.

    (6) “Firearm”*means*any*weapon*(including a starter*gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such*weapon; any*firearm*muffler or*firearm*silencer; any destructive device; or any machine*gun.

    FL Senate (.gov) › Laws › Statutes

    Chapter 790 Section 001 - 2012 Florida Statutes - The Florida Senate
     
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    YES. Be cause no one here has had definitive proof of yes or no. I researched it myself. A black powder gun is not technically a firearm. Here is a quote from a legal case, where a felon was found not guilty of posession of a firearm, because it was a muzzleloader and falls under "Antique Guns"
    "“Firearm” means any weapon (including a starter gun) which
    will, is designed to or may readily be converted to expel a projectile
    by the action of any explosive; the frame or receiver of any such
    weapon; any firearm muffler or firearm silencer; any destructive
    device; or any machine gun. The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime
    . Fla. Stat. 790.001(6)"
    Source: http://www.5dca.org/opinions/opin2005/050905/5d03-3270.op.pdf
     
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    BP is also a No-No.

    (6) “Firearm”*means*any*weapon*(including a starter*gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such*weapon; any*firearm*muffler or*firearm*silencer; any destructive device; or any machine*gun.

    FL Senate (.gov) › Laws › Statutes

    Chapter 790 Section 001 - 2012 Florida Statutes - The Florida Senate

    WHY DID YOU LEAVE OUT THE VERY NEXT SENTENCE?
    "The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime. Fla. Stat. 790.001(6)"
     

    Zeroed in

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    WHY DID YOU LEAVE OUT THE VERY NEXT SENTENCE?
    "The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime.
    Fla. Stat. 790.001(6)"

    Geez, really? What part of that sentence do you not understand?
    If it's illegal (A CRIME) to shot in your backyard, then your antique firearm is "Still" a Firearm. :frusty:
     

    wildrider666

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    As above from Zeroed in, It was left out to prevent confusion. That confusion surfaces a possibility that Antique Firearms are okay to shoot in that environment when in fact the action of firing it: moves it inclusively to the firearm category. If the Statute Restricts stock condition "starter pistols" and a Antique BP can shoot as is, which is potentially more lethal?

    Here are other portions of the Statutes. Please note that there is no mention of illegality for antigue firearms being used. This does not mean you can legally commit those acts (like shooting in restricted areas), that too is because criminal use of antique firearms modifies their defined category to "Firearms".

    (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.

    Just my non lawyer opinions. I highly recommend you hire one to interpret the Statues: its your butt.

    Let us know how it turns out as others may desire to shoot smoke wagons in there yard too.



    WHY DID YOU LEAVE OUT THE VERY NEXT SENTENCE?
    "The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime. Fla. Stat. 790.001(6)"
     

    bigbulls

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    You said it's mostly woods near you....... How many houses are there per acre?
    Are you zoned residential, rural, agricultural, etc?
    Does the discharging of your firearm or ML under the circumstances pose a reasonably foreseeable risk to life, safety, or property?

    These are all questions you need to answer yourself to answer the question you posed to us.

    790.15 Discharging firearm in public or on residential property.—1

    (4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature AND that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    This subsection does not apply:
    (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
    (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property;
    or
    (c) To a person who accidentally discharges a firearm.

    Section 2. This act shall take effect upon becoming a law.
     
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    wildrider666

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    The LEO you ask may give you a different interpretation then the one dispached to your property. Either could be right or wrong. I don't think any of our active LEO Members have addressed it, maybe unaware of thread or its a gray area to them.

    Send a E-mail to your County Prosecutor's Office asking for clarification: Is a "Antique Firearm" totally exampt from the Statute or if firing a antique firearm on residential property constitutes a crime therefore changing it categorization from "Antique Firearm" to "Firearm" and inclusive in Charging under the Statute. They work for you.
     
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    My Momma always said, Stupid is, Stupid does. :bang:

    Hmmm, are you calling me "stupid"?
    If so, you might want to not capitalize the word "stupid twice and the phrase has an "as" in it, before the 2nd stupid.Can you follow this ok? LOL Sometimes you learn from your Momma and, it would appear in your case, your Momma learned from you. I always wondered where that phrase came from! It was about you, from your Momma! I thought it was just something funny from the Forrest Gump movie? You sure are a great addition to this forum! I come here and ask a reasonable question and it would seem that Zeroed in will do his best to help! That is "Help" turn the conversation into a stupid does conversation. [ Note: no capitals on stupid. We are watching you, you know! :)
     
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    You said it's mostly woods near you....... How many houses are there per acre?
    Are you zoned residential, rural, agricultural, etc?
    Does the discharging of your firearm or ML under the circumstances pose a reasonably foreseeable risk to life, safety, or property?

    These are all questions you need to answer yourself to answer the question you posed to us.
    :Thanks for an intelligent reply! No, there is zero possibility of any danger as the direction I shoot from is downhill toward 4 vacant lots, full of trees, brush and palmetto bushes. My lead hits the ground about 30' behind my 1/2" 4'X4' target boards, which now are 4 thick. In my area there are about 3 houses per acre, but only 2 per acre including my house, right here. Before the Feb 2016 law I target practiced freely with all types of guns and first had the police come and check my range. They OK'd it, but said that anyone, anywhere in Florida could target practice in their yard, even if it was a house to house sub-division!
    I know with the new law I can not fire a modern gun, but, what was the point in adding
    "The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime. Fla. Stat. 790.001(6)"
    Source: http://www.5dca.org/opinions/opin200...03-3270.op.pdf" if it means nothing?
     

    wildrider666

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    It would not be in your best interest to follow the advice of any answer that does not eliminate all possibilities of criminal or civil liability. That answer has been provided. Shoot, don't shoot or check with appropriate authorities.
    :deadhorse:
     
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    I agree Wildrider. Just as I did in the past, when it was perfectly legal here in Florida, I still had a sheriff come to my home and give me an OK in person. I would not do any different now. Before I fire my black powder guns on my property, a law enforcement officer will have to come here and OK it first. Just posted here, in case someone had a quick answer. I wouldn't have just taken anyone's word for it anyway, I was just hoping to hear "No problem! That law excludes, as a defined "Firearm" as stated, unless used in a crime-then they fall into the "Firearm" category. Or, to sadly read that a Florida resident here already called the local law and found out for sure that a muzzleloader is included as a firearm and the statement made in that law, that "The term “firearm” does not include
    an antique firearm unless the antique firearm is used in the
    commission of a crime" means nothing.
    I just need to get on the phone and ask and if the law says it's OK, then have them come here anyway, as I did last time.
    Thanks for all the well meaning, reasonable replies from everyone. I will post again, when I have a conclusive answer from the local law officials.
     

    Bowhntr6pt

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    I'm LEO and have discussed this law in depth...

    The law is basically USELESS for the most part and is misinterpreted by most who believe it means under NO circumstance can you shoot in your yard if you live in an area with more than 1 house per acre... the legal problem with the law is it fails to address the density AS MEASURED HOW... per square mile, five square miles, 1000 square feet, etc?

    Also... READ THE ENTIRE STATUTE... special attention to the part that says:

    This subsection does not apply:
    (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
    (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property;
    or
    (c) To a person who accidentally discharges a firearm.

    The law DOES NOT APPLY if you are discharging a firearm in a manner that is SAFE... ie: a berm, bullet trap, etc., something to demonstrate your actions are in fact safe by a Reasonable Prudent Standard... regardless of where you live.

    All this law is... is a reworded version of Florida's Culpable Negligence law... it was a feel good piece of legislature that accomplished nothing new but has many thinking they can no longer shoot on their property if houses are around... simply and legally not so.
     
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