Shooting in backyard in Florida.

[Darren0278]

Yep.

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

790.333. "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". Any couty or local ordinances or rules do not apply!

 

[Bowhntr6pt]

790.333. "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". Any couty or local ordinances or rules do not apply!

I have no idea why you posted this...

 

[Bowhntr6pt]

It is absolutely legal to safely exercise your second amendment rights at your shooting range. You must be in an area that primarily residential in nature and that "has a residential density of one or more dwelling units per acre" per 790.15. 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! As a 33 year retired state police officer it still amazes me that some of our County Deputies are ignorant of the law!

Wrong.

The reason I say you're wrong is contained in the very statute you cited, which in part read...

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.

ETA- in other words, if you're trapping the bullets, it matters not where you are as far as residential density or acreage goes.

As I said before, this part of FSS 790.15 is nothing more than FSS 784.05 with firearm discharge verbiage spelled out... it's a "feel good" law that passed only to appease anti-2nd politicians who were to stupid to figure it out. Culpable Negligence is culpable negligence whether with a firearm or any other item, act, or omission.

 

[Darren0278]

In 2016 the law was amended where the legislature added the "residential density" language in SB130.

 

[Bowhntr6pt]

In 2016 the law was amended where the legislature added the "residential density" language in SB130.

This was in response to the subdivision backyard shooting ranges and the outcry in collier county - Naples (Governor Scott lived in Naples at the time). There are many cases in south Florida, particularly Collier County / golden gate area. There are AG opinions on this matter. Yes the law can be confusing.

I'm not clear on your post or what you are trying to convey. The density aspect of the statute is nothing more than "white noise" and is overshadowed by (b).

Nothing confusing to me with the statute, it's quite clear that SAFELY discharging a firearm supersedes all other aspects of the statute, residential density included.

The law was poorly written, and a charge solely base on density, will be subject to Void for Vagueness because that part of the statute fails to specify the area in which the density is to be measured. Is the density based off a square mile? Two miles? If I'm shooting on a 1 acre lot with my house, surrounded by 50 houses on 3/4 acres lots, as long as I trap my bullets, I'm legal because of the statutory exclusion contained in (b).

People often misquote the legislative intent of that law and gloss right over section (b), which in essence is a positive defense to a charge based on density or residential status.

ETA- the Legislature certainly was not going to pass a law telling Floridians they could not shoot on their own land unless they owned X size or larger. That could very well be viewed as financially discriminatory in nature whereas SAFTY is universal.

 

[Darren0278]

Well you are correct as i just pulled up the final "staff analysis" of SB 130 enacted 2016.

Why these politicians throw this density thing in the statute and then say..... well it's ok if it doesn't pose a reasonable risk to life, safety or property is beyond me.

I suppose the politicians were just trying to appease the anti-gun crowd.

Thanks for the information. We cannot relinquish our 2nd amendment rights under any circumstances!

 

[FrommerStop]

Well you are correct as i just pulled up the final "staff analysis" of SB 130 enacted 2016.

Why these politicians throw this density thing in the statute and then say..... well it's ok if it doesn't pose a reasonable risk to life, safety or property is beyond me.

I suppose the politicians were just trying to appease the anti-gun crowd.

Thanks for the information. We cannot relinquish our 2nd amendment rights under any circumstances!

A few years from now such a clause might used by activist judges that like to rewrite laws and then well serve the antigun cause.

 

[dkg080491]

A little late to this post with this. But would this mean that if I live on 5 acres in Milton but outside city limits that, even if my neighbors do not have the same size property, that as long as I build a safe berm with a backstop to shoot at that doesn't pose any threat to my neighbors that it is legal for me to shoot on my property?

 

[Baddog 0302]

kind of depends where your backyard is...

i can shoot anywhere, anytime in my back yard, it is a rural area, n.w. florida near walnut hill, fl

Yep,most of the time it's just two or three into a hard steel target at about 20 yds to test for pressures. The neighbors keep the tree rat population down so we're all used some one shooting

 

[sloporsche]

A little late to this post with this. But would this mean that if I live on 5 acres in Milton but outside city limits that, even if my neighbors do not have the same size property, that as long as I build a safe berm with a backstop to shoot at that doesn't pose any threat to my neighbors that it is legal for me to shoot on my property?

I would still check with my local police department and I would want to know if my neighbors are ok if I shoot something really big and night time shooting just in case ......common sense and courtesy

 

[dkg080491]

I would still check with my local police department and I would want to know if my neighbors are ok if I shoot something really big and night time shooting just in case ......common sense and courtesy

Understandable, getting the ok from them is definitely a lot safer than assuming. As for what I want to shoot it will mostly be just suppressed 22 subs and maybe my 9mm a couple times here and there. I highly doubt the neighbors would hear much if anything from the 22 but the 9 is what id be unsure of when it comes to noise, even with subsonic ammo. Thank you for the reply by the way.

 

[Bowhntr6pt]

Understandable, getting the ok from them is definitely a lot safer than assuming. As for what I want to shoot it will mostly be just suppressed 22 subs and maybe my 9mm a couple times here and there. I highly doubt the neighbors would hear much if anything from the 22 but the 9 is what id be unsure of when it comes to noise, even with subsonic ammo. Thank you for the reply by the way.

You don’t have to check with anyone the local police or your neighbors all that is required is that you are safe so yes using a berm makes you legal no matter how big or small your property is so long as your rounds don’t leave your property.

 

[Darren0278]

A little late to this post with this. But would this mean that if I live on 5 acres in Milton but outside city limits that, even if my neighbors do not have the same size property, that as long as I build a safe berm with a backstop to shoot at that doesn't pose any threat to my neighbors that it is legal for me to shoot on my property?

Florida Law is clear 790.15(4)(b). you can shoot on your residential property so long as " If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; 790.333 States the legislature is "occupying the whole field of regulation of firearms and ammunition use at sport shooting and training ranges". There is also a legal opinion from the Attorney General in response to Santa Rosa County regulating firearms in residential areas reaffirming your right: https://www.myfloridalegal.com/print/pdf/node/1645
As far as contacting the police department, It's a good idea to let them know you will be target practicing because someone may call. I have 15 acres and the anti-2nd amendment individual behind me calls the sheriffs dept any time we target practice and he has over 60 acres! Also I would make copies of FS 790.15 and 790.333 to show the deputies because from my experience some are not aware of the law!

 

[Darren0278]

A little late to this post with this. But would this mean that if I live on 5 acres in Milton but outside city limits that, even if my neighbors do not have the same size property, that as long as I build a safe berm with a backstop to shoot at that doesn't pose any threat to my neighbors that it is legal for me to shoot on my property?

Absolutely you can exercise your constitutional rights by shooting on your property no matter how big or small. FS 790.15(4)(b) "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."

 

[Sporter]

One point to remember is the size of your property will not ensure your rounds stay on your property. I live on a couple hundred acres with neighboring properties from 40-1100 acres. Pretty heavily forested but I've had rounds go whistling over my head and even impact all around me from local firing. Gets your attention. Highly recommend a high barricade to stop all calibers. My property has several hills with elevation ranging from 90'-190' so I have stacked tires full of dirt in front of a 6' dirt berm in front of a hill. As far as I know, all rounds have stayed on my property.

 

[sloporsche]

One point to remember is the size of your property will not ensure your rounds stay on your property. I live on a couple hundred acres with neighboring properties from 40-1100 acres. Pretty heavily forested but I've had rounds go whistling over my head and even impact all around me from local firing. Gets your attention. Highly recommend a high barricade to stop all calibers. My property has several hills with elevation ranging from 90'-190' so I have stacked tires full of dirt in front of a 6' dirt berm in front of a hill. As far as I know, all rounds have stayed on my property.

just good old courtesy and common sense .....rare now days

 

[GreeZdLightNin]

My backyard. 12 ft berm with steel and man targets now. 100 yard and 25 yard.

 

[Longtooth]

My backyard. 12 ft berm with steel and man targets now. 100 yard and 25 yard.

Nice. I just go out at night after my chickens freak out.

Apparently I missed the hoodlums who were breaking into cars that evening, but the Fox got caught on camera.

 

[GreeZdLightNin]

Nice. I just go out at night after my chickens freak out. View attachment 277611

View attachment 277612

Apparently I missed the hoodlums who were breaking into cars that evening, but the Fox got caught on camera.

View attachment 277614

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Coyotes are about the only thing regular here, but there's been a thief or two. Between my Pop and myself, we have plenty of munitions for home / property defense. He has 11 acres and I have 14.

 

[Longtooth]

Coyotes are about the only thing regular here, but there's been a thief or two. Between my Pop and myself, we have plenty of munitions for home / property defense. He has 11 acres and I have 14.

To my knowledge nobody has hit my property or my my direct neighbors. However we did have some hit the cars further down our block and try home doors. This world is getting crazy.

I would hate to have to defend my home from a home invasion at night with my wife and little kids asleep. I wouldn't mind using a suppressed weapon to stop a fox that's trying to get in my chicken coop though.