Shots Fired, Sheriff Called (on me!)

SS MAYFLOAT · Jun 15, 2003

I have been at me residence for the last 4 years. Occassionally we shoot trap, targets and small varmits. Never had any problem with the law, (until now). We were out back of my house target practicing with a 22 long rifle, 22 handgun, and a 308 handgun. The 308 was loud as any larger caliber handgun. Well someone complained and sent the Sheriff.

We were shooting from the top of a hill down toward a dirt bank and creek bed. Beyond that is a large hill of about 200' that is heavily wooded. Keep in mind these woods get hunted which would be more dangerous than what we were doing. The woods is about a 40 acre area that is surrounded by houses. Simply put, I'm not allowed to shoot my guns in the township. It isn't illegal yet, but they are wanting to pass a bill to prevent shooting guns in townships in Ohio. If that is the case, NOBODY will be allowed to hunt or shoot their guns at all. This is bull crap! Of course they checked my records and serial number of the guns which all checked out okay. We were not drinking any alcholic beverages, using proper saftey precautions such as saftey glasses and hearing protection. It just makes me mad that they kept saying how irresponsible we were because where we were shooting was dangerious. Makes no sense to me. Targets were at 70 yards for the rifle and 25' for the handguns. Our shots were going directly into the dirt since we were shooting down into the valley. DUH? I just hate it when the law enforcement thinks everyone is stupid.

I have been shooting guns for 40 years, started out when I was 6. NEVER ever had a close call or accident. They didn't arrest us or anything because we were not breaking the law. If we were not breaking the law, then why do they have the right to tell us to stop? I'm confused over this. I do my best to abide by the laws, but this one has me stumped. If someone else is hunting in the woods and discharges their gun, it is possible it can be blamed on me since I'm on record now of discharging a firearm.

I don't want to sell them, but I don't want to be in any trouble with the law either. One is a shotgun that was handed down from my grandfather and I don't want to get rid of it. I know I will help fight the bill that will prevent discharging firearms in townships. I just hope it is defeated..........SS

roscoe · Jun 15, 2003

Re: Shots Fired, Sheriff Called (on me!)

Feeling your pain. Seems your sherriff/deputies are imposing their own laws. Food for thought. I am currently working with a 21yr old punk, should have his bell rung. Well he has completed all his law enforcement training, except his firearms class, which just started. To date, he has fired only a .22 rifle, in his entire life. He has expressed great enthusiasm for joining the SWAT team when he joins the force in fall. The scary thing is, after a few years on the force, he just might be on SWAT.

Kenneth Brown · Jun 15, 2003

Re: Shots Fired, Sheriff Called (on me!)

Unfortuneatly SS Roscoe has it right, they are deciding on there own what you can do. Here in Texas it is against the law to fire a gun inside city limits, no matter how small the city. I would proceed to the county clerks office and ask for a copy of the ordinance/law that you are violating. They make you fillout freedom of information paperwork and charge a couple of bucks but its worth it. Make DAMN sure that you aren't violating it and proceed with caution. Take some polaroids of the "range" to the Sheriff or his cheif deputy and explain what you are doing. Be sure and emphasize the safety measures in place and the distances that are involved, location of natural barriers, etc. I have been in law enforcement for 6 years now. I got into it for the common reason-to help people out. One of the ways of helping is to not let the badge get out of hand. In most rural areas whatever the cop says is what goes, no matter what the penal code or code of criminal procedure says. I have always felt that that was wrong. I would like to be a criminal defense lawyer but I can't stand a guilty person getting off. I just hate crooked cops.

Hooty · Jun 15, 2003

Re: Shots Fired, Sheriff Called (on me!)

Kenneth, I have a nephew who's a long-time cop out in Lubbock and the way he/they interpret that "discharging a firearm in the city limits" law is they have to witness it or someone has to sign a compliant. c/6 Hooty

SS MAYFLOAT · Jun 16, 2003

Re: Shots Fired, Sheriff Called (on me!)

For the time I have lived at my residence which is out of city limits (one of the reasons I moved) you could hear people shooting their guns often in the small valley. Lately they have deminished and now I know why. I live in a township, not a village, city, burrogh, or town. It is unincorporated, my mail is addressed to the nearest town. My neighbor which is a retired city worker has lived next to me in his house for the past 55 years.(shoots his guns way more than I do) His comments was that this has come about because the legislature in Columbus is trying to put this bill through to cease backyard shooting. Well it isn't right them enforcing something that has not been approved. I feel even if everything was 100% followed to the "T", they would have still found something to make me quit shooting. I mentioned about shooting varmets that cause a threat to my property (coons, skunks, ground hogs, and dangerous snakes). They said I was still not allowed to shoot them. Two years ago I shot two coons that were out during the daytime (1pm). They both would come at anyone (even the dog) that they could see. I shot them and burried them. I even notified the Division of Wildlife, they said to just burry them deep enough with rocks on top to keep other animals from getting to the carcuse. I mentioned the sheriff about that incident and then was told I would have to call a Game official now to have the animal destroyed. More government and less trust in the citizen. This is what it sounds like to me. I have never been any serious trouble, never lied to an official, and own up to my actions. I am going to move out o state in 3 or 4 more years once my wife gets her degree in nursing. I will make sure of the gun laws prior to buying a new residence then. Thanks for listening to my rants........SS

Fishbusters · Jun 16, 2003

Re: Shots Fired, Sheriff Called (on me!)

As long as there is no existing law or ordanence prohibiting discharging your firearm the only law you may have broken might be something like trespassing. Do you own or have the landowners written permission to fire your gun on or onto his property? Also there may be a law that states you are not allowed to hunt/shoot within so many feet or yards of a residence w/o the homeowners permission even if you are on your own property. If the two laws mentioned (or something like them) are not in effect then all you did was in effect trespass assuming you do not own the property you were target shooting on. Of course the officers can do things like recless endangerment and such but then agian if as you stated the "range" is set up like you say they would have a hard time proving it.

KennyKenCan · Jun 16, 2003

Re: Shots Fired, Sheriff Called (on me!)

This is just a small government trying to inflict and create OPPRESSION on you!!! This is also a vagrant violation of the 2nd Ammendment of the Constitution of the United States. Basically they are saying that they are taking away your "constitutional right to keep and bear arms"! It's just the "Bleeding Heart Librals" getting there way at your expense and your inalienable constitutional rights. If you wish to keep your firearms, and the ability to use them, stand up and fight by going to the hearings for the state government's proposed ban! DO NOT ALLOW IT TO HAPPEN! States do not have the right, to write a law that alienates the Constitution, and that is what they are doing!! If the residents of your state allow this, then you will never be allowed to resind or ammend this law. Once a gun law is established, it will never be taken off of the books! EVER!!!!

aspeck · Jun 16, 2003

Re: Shots Fired, Sheriff Called (on me!)

SS, stick to your rights, dude. If there is a local NRA chapter, get in touch with them. I was stupid and paid a $200 fine just to keep my name out of the paper in a similar situation 15 years ago. I still have judges coming to me and complaining because I didn't fight, they said they wanted a good excuse to put over-zealous law enforcement agents in their place! Good luck!

Specks n Reds · Jun 16, 2003

Re: Shots Fired, Sheriff Called (on me!)

CatCruzer · Jun 19, 2003

Re: Shots Fired, Sheriff Called (on me!)

SS MAYFLOAT, Contact the NRA, I read once where something like you are going thru in The RifleMan, and they help him out, and put the Police and the town in line, If I remeber right they fine them both. Hope this helps. CatCruzer

SS MAYFLOAT · Jun 19, 2003

Re: Shots Fired, Sheriff Called (on me!)

I'm working on the situation. The conflict is about the property next to me. It is not posted for trespassing or hunting. The owner of the lot does not have any structures on the property. It is just a 40 to 50 acre wooded hill. The main fight between the sheriff and me is the written permission. I have been told since it is not posted, it doesn't matter, but the law says different. Have a friend that is a close friend of another sheriff. He is going to have him come over to see the situation to see if it is as questionable as what the complaining sheriff said.

Kenneth Brown · Jun 20, 2003

Re: Shots Fired, Sheriff Called (on me!)

Heres where I DO have a problem. It doesn't matter that its not posted, its not yours. As long as a reasonable person would not assume that the land was public and to use as they allow you cannot use the property without explicit permission. If there is any gate or fence up then that is also an indicator of private property. Sorry to rain on your parade, just trying to tell the truth the best that I know it.

JB · Jun 21, 2003

Re: Shots Fired, Sheriff Called (on me!)

This forum reminds me regularly how fortunate I am to live at The Hideout. Noisy neighbors, Homeowners' Associations that can't stand a boat in the parking area, now SSM can't shoot legally where it is not against the law.

It seems that the walls are closing in on outdoors people and country folk in general. Trying to make city folks of all of us. It's a crying shame, SS. I wish I had better advice than you have already gotten but I don't. Good luck.

aspeck · Jun 21, 2003

Re: Shots Fired, Sheriff Called (on me!)

I know, let's all move to JB's! His daughters won't mind - especially if he ADOPTS us all!

How 'bout it JB? Want us all for your kids? We'll be real good, we promise, won't we guys and gals?!?!

JRJ · Jun 22, 2003

Re: Shots Fired, Sheriff Called (on me!)

Sounds like all you need is written permisson and you're in. No permission, stop trespassing. Simple. There is still a lot of vacant land available between you and the pacific at least.

Summer Fun · Jun 22, 2003

Re: Shots Fired, Sheriff Called (on me!)

a good old ass whooping won't hurt him too much.

.thats if him lived next to me... and hi JB it's been a while that i've posted here .....wayne

SS MAYFLOAT · Jun 25, 2003

Re: Shots Fired, Sheriff Called (on me!)

Gee whiz, I just can't win for loosing. My next door neighbor to the east of me introduced me to the land owner to my west. He verbally said I could hunt and shoot onto his property, but he would not give me permission in writting. He said with written permission it would hold him legally resposible if something I did hurt someone. DUH?

I am sorry to say this, but that is another reason I hate attorneys. They sue for a client that doesn't own up to his own stupidity and then we all end up loosing some of our rights. They need to be on some type of leash! One sheriff friend said I should have just told the deputy that the property was mine and then there wouldn't be any problem. Then he added that if I shoot a ground hog that it wouldn't be a big deal, just don't keep shooting because that is what gets the complaints. The things you learn after the fact. Just gotta keep it on the sly side.

Haven't been on the net much. Finally got the bandages of my frost bitten fingers. They are getting better, lost some skin/tissue. Just real tender on them typing............SS

Fergulus · Jun 25, 2003

Re: Shots Fired, Sheriff Called (on me!)

Hey, SS Have you tried asking him if you can sign a release form or something saying that you are responsible for anything that happens? It might work.

neumanns · Jun 25, 2003

Re: Shots Fired, Sheriff Called (on me!)

An interesting note but of no use to you; one of the dackota's south I believe has been wrestling with is it legal to shoot a pheasant that leaves a public roadside if it may fall on a surrounding property. As of current they have said yes, provided that it is not within appropriate setbacks from buildings etc.However this ruling will be back at the capital for further debate. As for your situation I hope that you are allowed to continue to shoot unharrassed! If the harrasment continues You have my sympathys. ( you know for your inability to take out that pesky coon with three and one half boxes of ammo)

Snailman · Sep 11, 2003

Re: Shots Fired, Sheriff Called (on me!)

SS Mayfloat... I don't know about Ohio but it can't be that far off from where I live in Virginia. Here you're not allowed to discharge a firearm in town but if you have more than 5 acres and can safely shoot into a berm or bullet trap more than 1000 feet from a road you're legal. I've had the police stop by to "check" but they left when invited to leave. If what you're doing violates no law then politely ask the officers to stand aside while you continue not violating any laws on your private property (perhaps offer them a coca-cola) or invite them to leave. If the state of township tries to pass laws outlawing what you're doing go to the town meetings, contact your representatives, make noise. If what you're doing violates no current laws and there is no threat to public safety then there is no need for more law. Make that clear! Be loud! All of this coming from a postman will probably scare some but it's OK... I'm actually a retired deputy sheriff. Perhaps that should scare you more....

Shots Fired, Sheriff Called (on me!)

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