Shooting in backyard in Florida.

[Bowhntr6pt]

Just for additional information for anyone following this subject

I spoke with Luis Valdes this afternoon about this very subject. He is the Florida state Director for gun owners of America he is also a member here. He did confirm that If a city has an ordinance prohibiting you from shooting on your property or inside your residence it is in violation of the preemption statute.

I also believe there is a mechanism for the state to fine municipalities that draft and attempt to enforce such ordinances.

 

[FrommerStop]

Just for additional information for anyone following this subject

I spoke with Luis Valdes this afternoon about this very subject. He is the Florida state Director for gun owners of America he is also a member here. He did confirm that If a city has an ordinance prohibiting you from shooting on your property or inside your residence it is in violation of the preemption statute.

I also believe there is a mechanism for the state to fine municipalities that draft and attempt to enforce such ordinances.

Again have a lawyer so you do not go along for the ride. Also they may try using a noise ordnance or something else that they may try. A few years ago we had an idiot doing mag dumps from at 2AM with some sort of semiauto rifle and neighbors complained in Pace. Not much could be done legally. Later since he was shooting onto a pond a bullet did deflect and hit a house. I am not sure what happened. We now in SRC have a 9 PM noise law.

 

[General Snafu]

Reading the title I thought you meant that somewhere in Florida there was a shooting in a backyard

You might consider running with it if, It's been a slow news day. The publishers of your local rag will be most appreciative of the opportunity to fill up that front page, even if it turns out to not be true.

Yes you are allowed to shoot on your property in Florida. It's New Years eave and we've been listening to it all evening. It sounded like someone nearby must have gone through a full case with a bump stock. Where we live, you can shoot anywhere on your property of one acre or more, as long as the projectile doesn't leave your property.

 

[atl613]

In 2017, when I moved to Chipley, I asked a Deputy if I could shoot on my property and was told yes. So long as I didn't shoot at night* or across the road. To be clear. I am between Vernon and Wausau not within the city limits. I put an 8' high berm at the timberline giving me an 80-yard lane. I shoot mainly rimfire.

* I have been out at night picking off those pesky armadillos with 22 suppressed.


Happy New Year

 

[FrommerStop]

In 2017, when I moved to Chipley, I asked a Deputy if I could shoot on my property and was told yes. So long as I didn't shoot at night* or across the road. To be clear. I am between Vernon and Wausau not within the city limits. I put an 8' high berm at the timberline giving me an 80-yard lane. I shoot mainly rimfire.

* I have been out at night picking off those pesky armadillos with 22 suppressed.


Happy New Year

Armadillos on the plus side dig up yellow jacket nests. On the minus side they dig up gardens and might wipe up quail nests. If they enter my property, little guy (Nick name for my younger male white english farm bulldog) kills them. I do shoot the squirrels and water moccasins.
I do not shoot outside, but use my under the house indoor range for practice here because of the neighbors. Lot of guns going off and too easy to get blamed for something if a house gets hit even if you are not the one that did it.

 

[woodsy85]

I have 2.5 acres in unincorporated Pasco county. Behind my property is a 20+\- acre hay field. My backstop is simply a dump truck load of dirt near my back fence line. I shoot pistol and rimfire. Occasionally a few shotgun rounds if I need to test something. Many neighbors around here also shoot. I don’t shoot rifle or shoot for more than about 15 minutes or so at a time to keep the noise down. It’s semi rural but there’s houses all around, mostly 2-5 acre lots bordering each other.


Sent from my iPhone using Tapatalk

 

[Darren0278]

Has there been any changes to firing a weapon in your backyard in Florida?

I just went through this actually. I have 15 acres in rural santa rosa county and constructed a range 15 years ago and keep it updated and safe. An individual purchased a large parcel behind me. He raised holly hell about me sighting in my rifle, i was polite and told him we were almost finished. A month later shooting my glock he calls the SRSO. Unfortunately the officers were not familiar with the law and they made the situation worse by telling him incorrect information. (As long as you have more than one acre of land you can construct a range and target practice as long as you are not: "recklessly or negligently discharging a firearm". FS 790.15.)

I have confirmed the legality of my target shooting range with the SRSO general counsel.

 

[Darren0278]

Yep.

It's a poorly written law, nothing more than a gun oriented culpable negligence law.

Noise ordnance does not apply to "sport shooting ranges". FS 790.333

 

[FrommerStop]

Noise ordnance does not apply to "sport shooting ranges". FS 790.333

We are referring to noise after 9pm at night. But you may be right. I went to http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0790/Sections/0790.333.html that is what you cited and can not yet find a direct mention of noise or sound. I would like to know in case someone gets on my case for violating the noise curfew.

 

[FrommerStop]

We are referring to noise after 9pm at night. But you may be right. I went to http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0790/Sections/0790.333.html that is what you cited and can not yet find a direct mention of noise or sound. I would like to know in case someone gets on my case for violating the noise curfew.

This is the correct citation for noise and shooting ranges: http://www.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=range+noise&URL=0800-0899/0823/Sections/0823.16.html

823.16 Sport shooting ranges; definitions; exemption from liability; exemption from specified rules; exemption from nuisance actions; continued operation.—
..............
(2) Notwithstanding any other provision of law, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution which results from the operation or use of a sport shooting range, if the range is in compliance with any noise control laws or ordinances adopted by a unit of local government applicable to the range and its operation at the time of construction or initial operation of the range.
(3) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and a court of this state shall not enjoin the use or operation of a sport shooting range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.
(4) Rules adopted by any state department or agency for limiting levels of noise in terms of decibel levels which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this act.

 

[Darren0278]

We are referring to noise after 9pm at night. But you may be right. I went to http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0790/Sections/0790.333.html that is what you cited and can not yet find a direct mention of noise or sound. I would like to know in case someone gets on my case for violating the noise curfew.

790.333 (8).
(8) 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 use at sport shooting and training ranges, including the environmental effects of projectile deposition at sport shooting and training ranges.
(9) The provisions of this act shall supersede any conflicting provisions of chapter 376 or chapter 403.

ATTORNEY GENERAL OPINION
AGO 2016-06

This office has repeatedly recognized that in section 790.33(1), Florida Statutes, the Legislature has preempted the entire field of firearms regulation and thus local governments have no authority to enact ordinances regulating firearms and ammunition.

https://www.myfloridalegal.com/print/pdf/node/1514

 

[FrommerStop]

790.333 (8).
(8) 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 use at sport shooting and training ranges, including the environmental effects of projectile deposition at sport shooting and training ranges.
(9) The provisions of this act shall supersede any conflicting provisions of chapter 376 or chapter 403.

ATTORNEY GENERAL OPINION
AGO 2016-06

This office has repeatedly recognized that in section 790.33(1), Florida Statutes, the Legislature has preempted the entire field of firearms regulation and thus local governments have no authority to enact ordinances regulating firearms and ammunition.

https://www.myfloridalegal.com/print/pdf/node/1514

I see no mention of noise and what you cited deals mostly heavy metal contamination. Noise laws per se as in Santa Rosa county IIRC got right is just noise and does not specify the source. I am not a lawyer or paralegal and perhaps you are and that would likely make a difference.
I cited state law in chapter 823 that specifically mentions noise and I am not very sure of the status of any of this. What you cited is:

9) The provisions of this act shall supersede any conflicting provisions of chapter 376 or chapter 403.

I cited a completely different chapter and I see no mention of Chap 823. I am saying that I do not know

 

[sloporsche]

backyard shooting ? common sense , common courtesy and observe your local laws

 

[Darren0278]

I see no mention of noise and what you cited deals mostly heavy metal contamination. Noise laws per se as in Santa Rosa county IIRC got right is just noise and does not specify the source. I am not a lawyer or paralegal and perhaps you are and that would likely make a difference.
I cited state law in chapter 823 that specifically mentions noise and I am not very sure of the status of any of this. What you cited is:

I cited a completely different chapter and I see no mention of Chap 823. I am saying that I do not know

The Florida legislature is the only authority to regulate firearms (it is all encompassing) noise emitted by firearms etc. The legislature did this so municipalities, counties and such could not bypass the law by limiting your second amendment with more regulations. If this sere not the case a city or county could simply say the only time guns may be fired is from 11am to 1pm as an example. Again it does not have to address noise specifically, State law trumps ANY and ALL laws or rules absolutely.

 

[Darren0278]

The Florida legislature is the only authority to regulate firearms (it is all encompassing) noise emitted by firearms etc. The legislature did this so municipalities, counties and such could not bypass the law by limiting your second amendment with more regulations. If this sere not the case a city or county could simply say the only time guns may be fired is from 11am to 1pm as an example. Again it does not have to address noise specifically, State law trumps ANY and ALL laws or rules absolutely.

There is a legal opinion AGO 2008-34 "In 1999, the Legislature provided limited immunity to sport shooting ranges from criminal prosecution or civil suits based on an underlying claim of noise or noise pollution in section 823.16, Florida Statutes.[2] The statute was clear, however, that such immunity was to be extended as long as the shooting range was in compliance with the local noise-control ordinances in effect at the time of construction or initial operation of the range."

So the law is not specific but interpreted by the Florida Attorney General /

 

[Darren0278]

There is a legal opinion AGO 2008-34 "In 1999, the Legislature provided limited immunity to sport shooting ranges from criminal prosecution or civil suits based on an underlying claim of noise or noise pollution in section 823.16, Florida Statutes.[2] The statute was clear, however, that such immunity was to be extended as long as the shooting range was in compliance with the local noise-control ordinances in effect at the time of construction or initial operation of the range."

So the law is not specific but interpreted by the Florida Attorney General /

WELL / More current

Attorney General declines to define "shooting range" with respect to local issue

Hernando Sun Newspaper covers Brooksville, Masaryktown, Spring Hill, Ridge Manor, Weeki Wachee News

www.hernandosun.com

 

[FrommerStop]

There is a legal opinion AGO 2008-34 "In 1999, the Legislature provided limited immunity to sport shooting ranges from criminal prosecution or civil suits based on an underlying claim of noise or noise pollution in section 823.16, Florida Statutes.[2] The statute was clear, however, that such immunity was to be extended as long as the shooting range was in compliance with the local noise-control ordinances in effect at the time of construction or initial operation of the range."

So the law is not specific but interpreted by the Florida Attorney General /

Anti-gun county gov lawyer. Does shooting in your backyard constitute a range. Since I do not know, I will not do any recreational shooting after 9 PM.

 

[kendive]

Great reason to buy a can!!! Or shoot low velocity ammo. Suprisingly the 12ga chamber inserts are very quiet. 9mm,38 if ya get one spend the extra for the rifled ones.

And buy land. I agree buy a can. What they don't hear they don't know.

Also airguns and archery are very very quiet... Just have to have the right backstop it makes all the noise.

 

[IronBeard]

And buy land. I agree buy a can. What they don't hear they don't know.

Also airguns and archery are very very quiet... Just have to have the right backstop it makes all the noise.

Another "vote" for reviving the HPA. Suppressors promote neighborhood harmony.

 

[Darren0278]

Has there been any changes to firing a weapon in your backyard in Florida?

It is absolutely legal to safely exercise your second amendment rights at your shooting range. Of course you have to exercise safe practices. I own 15 acres in rural Jay Florida, all our neighbors routinely shoot on their property. I do have an anti-second amendment individual calling the law on me for my occasional shooting. Based on my recent experience I would strongly suggest you make copies of the law have it ready when the deputies arrive. Sadly not all deputies are familiar with the law, so it is imperative that educate them on Florida law and your second amendment rights!