AA Co. ?

[Shemp]

Does the law about being 100 yds from a dwelling include your own house on your property?

 

[DaemonAssassin]

Yes...

 

[ironpony]

Shooting vs Hunting might be different.

 

[Shemp]

Also I found conflicting distances. 150 yds from DNR and 100 yds from AA Co code. So which is it? Reason being my neighbor just complained to me and he stated that I no longer had his permission to shoot within 150 yds of his barn. I was texting him when I wanted to shoot but I thought he was at work yesterday and a friends son got a new shotgun for Xmas and was dying to shoot it. I told him he could but apparently the neighbor wasn't at work. So he sent me that text which tells me he looked up the law. I don't want to piss him off but he seems to be unreasonable.

 

[TonyB.]

I shoot on private property in AACo. and have had the police called on me a couple of times. I shoot paper and steel targets with an appropriate backstop 100 yds from any commonly occupied structure. The officers responded and told me that I was good to go. I'm not sure how your neighbors barn would be classified.

§ 9-1-601. Possession or discharge of firearms.

(a) Definition. In this section, "firearm" includes a rifle, handgun, or shotgun as those terms are defined in the Criminal Law Article, § 4-201, of the State Code.

(b) Scope. This section does not apply to a police officer acting in the line of duty.

(c) Prohibition. A person may not discharge a firearm within 100 yards of a structure or camp occupied by human beings or commonly used by human beings without the written permission of the owner, occupant, or lessee of the structure or camp.

(d) Prohibition; exceptions.

(1) A person may not discharge a firearm on any property owned by the County, except as provided in paragraph (2) of this subsection.

(2) This subsection does not apply to:

(i) an individual who sells property to the County and subsequently occupies or has a right to use the property under a lease or license agreement with the County that permits the discharge of firearms by that individual on the property; or

(ii) a person acting with permission granted pursuant to a wildlife management agreement, and in accordance with Article 14 of this Code.

(e) Prohibition. A person may not possess or discharge a firearm on the property of another unless, at the time of the possession or discharge of the firearm, the person has the express written permission of the owner, occupant, or lessee of the property on which the firearm is possessed or discharged. The written permission shall be signed by the owner, occupant, or lessee; shall include the dates on which the possession or discharge is authorized; and shall specify the parcel or property for which permission is granted. The written permission shall identify the persons for whom permission is granted, and the permission may not be transferred to another person or inferred or implied to include companions of authorized persons. When properly executed, a writing substantially in the following form is sufficient to constitute the written permission required by this subsection:

"I, ________ (owner, occupant, or lessee) hereby authorize ________ to possess or discharge any weapon or firearm on my property known as ________ and such permission is granted for the following time(s): __________________________________________________ ______.

 

[Shemp]

That is the code I was referring to. I guess I should just go to the police station and ask them personally. I don't want any trouble but I guarantee he will call the police.

 

[Streetgang]

Is his barn occupied by human beings ? Reread the statute. It says occupied structure by human beings.

 

[Shemp]

Not permanently he's only working in it on weekends and never a set number of hours

 

[Stevie Boy]

Is his barn occupied by human beings ? Reread the statute. It says occupied structure by human beings.

The quote above also says "...or commonly used by human beings..."

For me, I would assume the owner "commonly uses" his own barn.

I'd ask for some legal clarification.

 

[Pale Ryder]

Looks pretty clear 150 yds for hunting 100 yds for shooting. I'd measure with a yardsick or tape, not a laser rangefinder 101 yds from his barn and commence to shoot when I wanted.

 

[Shemp]

Where are our lawyers here? Does commonly used mean every now and then or constantly?

 

[j_h_smith]

I would tend to use the further distance. I would also talk to any neighbors that are close to this distance. A little communicating before the police are called, goes a long way to preventing problems once the shooting starts.

Jim Smith

 

[Shemp]

my next closest neighbor is 400 yds then about 600. His house is about 200 but he built his barn/ garage on the back of his property which is about 75 yds from where I shoot. All the other neighbors shoot way more than me. He is the only one to ever complain. I sometimes listen to 2 or 3 hrs straight on weekends, it doesn't bother me a bit.

 

[j_h_smith]

That sucks!

Jim Smith

 

[Shemp]

Ok update directly from AA Co police. The statute states100 yds.from a structure occupied or commonly used by human beings. A detached garage is commonly used. The hunting statute states 150 yds. From an occupied building or structure. No wording for commonly used. So I guess I have to move down the hill a bit.

 

[DaemonAssassin]

If it is recreational shooting, then it is 100 yards. If you want to hunt, then it is 150.

If you aren't hunting, go 100 yards and let it rip.

 

[Shemp]

That's my plan.

 

[slybarman]

Not directly related to OP's situation, but I read it to say you can shoot closer than 100 yards if you have the owner/occupant's permission. So, for example if it is your own house/building or you have written permission to do so, you can be closer than 100 yards.

 

[sxs]

Not directly related to OP's situation, but I read it to say you can shoot closer than 100 yards if you have the owner/occupant's permission. So, for example if it is your own house/building or you have written permission to do so, you can be closer than 100 yards.

That is true. I sometimes have hunted doves on a friends property and we shoot at distances of 50 - 200 yds from his house...just not in the direction of the house. Frankly if we're at the far end of the field (200 yds) he doesn't even care if we shoot in the air in the direction of his house. It would only rain on it at worst and the shot really never makes it that far. DNR police commonly show up because an anti-gun and anti-hunting neighbor about 1/4 mile away complains that people are shooting at his house. Hell, even if the shot COULD reach there, we don't shoot that direction as my buddy prefers that we shoot so shot will stay on his property or on his parents neighboring farm. So we just endure the usual DNR guy shows up...usually first day of dove season (but also sometimes first day goose season - he has a goose pit on the creek beside his property) checks licenses, checks for limits, checks magazines for plugs, checks for steel shot (if shooting waterfowl), etc. Then tells us we are GTG and he leaves. we just alway know to expect him.