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Posted: 1/27/2002 7:12:57 PM EDT
Ok here it goes. I live way out in the country of NC, in Gods country I call it. Its a good half hour to any real stores and I have few neighbors. I have 11 acres its not the most, but well secluded.
The problem is I have one neighbor you is a liberal jerk!
2 times in the past few months he has called the law on me for shooting, but today was it for me.
Today a few of my friends and myself was doing some shooting down in my bottom land near the creek, its a great spot with a hill from hell behind it to shield any traveling bullets.
We as I thought from the dog barking 2 deputy Sherrifs showed up, while my wife was trying to take a shower, one went to theback sliding glass door and the other decided he would just help himself on down where we was at.Well I met him behind my house before he got any further. He asked what I was shooting and I showed him my AR, he looked at it very closely and said we heard automatic weapons fire, I said nope you didn't, I pointed to finger and said you heard a quick finger and he responded well do you have a 3 shot burst and I said NO!
So we proceeded down the creek where he inspected everyone's weapons trying in all his might to find a illegal. He pointed to the SKS and told my friend son the only thing stopping you from going to jail is its a preban (because it had a folding stock). He then looked at my other friends AR and tried to break it down to look at the internals, and then he pointed to the Muzzle Break saying it was a flash hider, he was strongly corrected and was told it was a legal muzzle break.
Now here is the funny one!!>> He then again picked up the SKS and pointed to the take down pin that holds the dust cover on over the bolt and spring and asked my fiend several times if it works>> while the whole time im thinking what in the hell is this guy up to, He acted as if he was trying to get somebody to admit to something false, finally I stepped in and said why what is wrong with it? He said it was a full auto selector, I then got a little heated and said Sir now you are wrong and we argued until we had to break the SKS and show him it was a take down pin.
Plain and simple he was wanted to take someone to jail and couldn't. I then asked him who called and of course he wouldn't tell me. I asked him if he would visit that person and explain that it is supposed to be a free country, second amendment rights, how where I live is no noise ordnances and it out in the country and its in county not city limits.
I pulled one Deputy to the side and he was a nice guy he apologized for his coworkers attitude and said as far as he is concerned Im ok and doing nothing wrong but the other was a in my Book overstepping his bounds!
Now my question is what are my rights? Can they just help themselves down deep into my property and start picking up guns and do as they wish? What if I put a gate up at the end of my driveway (which is over 700 ft long) and put no trespassing signs up, so if they are called again , well at least they will halve all together a 3rd of a mile walk>LOL!
I really need to no my rights, can they do what they did today? Don't I have rights of privacy? Listen Im a law binding,registered voter. Im not trying to start a Ruby Ridge (which I think was not right to have happen) but regardless I need to nip this now. im thinking of making a appointment with the Sherrif.
Thanks Ahead
Link Posted: 1/27/2002 8:07:01 PM EDT

Maybe you neighbor is worried for his safety (or that of his family), or the noise really bothers him.

Why not talk to your neighbor, explain how the hill should prevent any danger to him and his family, offer that he can over and see it for himself for reassurance. In addition, ask if there are certain times (of the day or week) where your shooting wouldn't be an annoyance.

It's always preferable to work things out at the lowest level rather than escalate anything. Just like you can go talk to the Sheriff, so can he. Even though you have a hill, he might be able to make some good points about you not having good berms on the side, etc.

My advice is to bury your dislike for the guy and try to appear friendly and interested in a mutually workable solution - you can always be an hard-ass later. (Don't forget to invite him to try your fun AR - maybe you'll convert him).

Just my opinion - worth what you paid for it.

Link Posted: 1/27/2002 8:36:38 PM EDT
Kindly ask the local yocal to get the FUC# off your property unless he has a warrent! Then when in a better mood take your neighbor for a walk and show him how to operate a rifle. He will have lots of fun and you wil make a new friend, and the leo will not come back. Just dont piss off the leo again or he will take it out on you...pat
Link Posted: 1/27/2002 8:40:49 PM EDT
Well as far as trying to talk to him< Nope that wont happen.
For one for 2 years he let his 2 dogs come on my land and growl at my wife and kid, they killed 3 of my chickens. One day I stoped at the road and ask him if he knew of the whherabouts of my birds and he said no> His son then 6 yrs old said daddy you know we saw our Dogs eating them, He procedded to hit the kid. But he didnt. The kid was punished for telling the truth, by getting rid of the Dogs.
Also
Well this is kinda a 3 year Neighbor thing>
When I was first doing my grading and running my water line from my well and electrical and etc, I rented a small backhoe. A friend of mine came to help ( he was one of the shooters today), we went to lunch and came back to find my backhoe missing. My friend who was driving, while I sat in passenger seat freakin started to laugh, I was like what? He pointed and I looked, My idiot neighbor stole,borrowed the backhoe. I didnt even know the guy. he looked at me shut it off and laughed and said, Hey I came down there looking for you but you wasnt ther so I borrowed it. Me< I was pissed,I should have beat his ass, but I didnt. I let it go cause I figured I would have to live next to him.
But it started there and grew into 3 years of living next to a liberal idiot.
Now after all this should I bow down to him?
Also I shoot like one weekend every 2 months or so. Hell I went almost 5 months without even burning any powder once.
Link Posted: 1/27/2002 8:52:22 PM EDT
This guy sounds like an a$$, but as others have stated, cool off then ask your neighbor to go shoot with you. It IS easier to go this route. If you feel this is not an option for you, retain an attorney when you go see the Sheriff. Post a No Trespassing sign on your property. A gate sounds good also.

Last time I looked, the 4th Amendment did not allow for random search/seizure without a warrant...but I'm not an attorney.

I'd be upset too if cops showed up where I was shooting without an invitation on my private property. The badge & gun only provides them so much power...the good ones still realize they are not above the law.

Perhaps you should see a lawyer & find out if your civil rights have been violated....cha ching! Let the county pay for your new fence, gate, signs, & renovated gun range.

Be aware though, that once you go down the legal route it can get very messy.

Be careful to fight only the battles you can win...in court that is.

Link Posted: 1/27/2002 9:02:37 PM EDT
Other than the immediate area surrounding your living area, known as curtlidge(sp). A peace officer needs no warrant to enter and search the property outside the curtlidge. This area posted or not is generally considered to fall under the "open fields" exception the the 4th amendment because it is otherwise visible and accessible to the general public. Argue if you want, bitch if you must but facts is facts.
Link Posted: 1/27/2002 9:20:59 PM EDT

Originally Posted By Sukebe:
Other than the immediate area surrounding your living area, known as curtlidge(sp). A peace officer needs no warrant to enter and search the property outside the curtlidge. This area posted or not is generally considered to fall under the "open fields" exception the the 4th amendment because it is otherwise visible and accessible to the general public. Argue if you want, bitch if you must but facts is facts.


Well its by no means open, you can see my house or area of shooting from the dirt rd. And the onlyway you can get to is is by going past my back door.
So open to general public, I doubt that!
Link Posted: 1/27/2002 9:32:20 PM EDT
[Last Edit: 1/27/2002 9:34:19 PM EDT by Sukebe]
See a lawyer. Sue the bastards. Complain to the U.S. Justice Department. Stomp your feet. See how far it all gets you. If you think you might not like the answer, don't ask the question.
Link Posted: 1/27/2002 9:53:07 PM EDT
Sukabe, I dont think, but I am no lawer, that this would apply if no trustpassing/posted signs were visable...pat
Link Posted: 1/27/2002 10:21:22 PM EDT
FWIW, Sukebe is right with respect to the investigating officer. They need a warrant for your home and/or "curtilage". An open field outside is not within this area. It sucks, but he's absolutely right.

The neighbor is a different matter though. You can post a "no trespassing" sign
and even notice him directly by certified mail, but you have little recourse if he does happen to wander onto your property - its not like you can shoot him for simply trespassing. If you really want to push the issue, you might be able to get a restraining order or injunction. Additionally, he'll probably still hear the sound of gunfire nd continue to call the police. Your best option here, as others have noted, is to get a better relationship with your neighbor. Failing that, you may have to have a sit-down with the sheriff. I don't know how NC or you local CLEO is on NFA weapons, but if you can get a supressor, maybe you should also talk to the sheriff about getting a sign-off on one as an option to keep the neighbor from complaining too much about the sound of gunfire.
Link Posted: 1/27/2002 11:12:19 PM EDT
Now after all this should I bow down to him?[/quote

The above remark you made leads me to think that you are letting your ego and pride the best of you. Going to your neighbor would be "bowing down to him", it would be the mature thing to do. Think about it....you and him will probably be neighbors for a long time. So you two can eather resolve things now or have years and years argueing over things, and things will get much worse. So the real question is who will be the better man and take the first step towards civility?? I not saying you too have to be friends but you should be able to get along.

Sgtar15
Link Posted: 1/28/2002 6:26:06 AM EDT
Jebs,

You need to start over on your relationship with the local sheriff. Wether you like it or not, he can be a friend or foe at his discretion.

Contact the sheriff, let him know when you are shooting, invite him out to shoot with you, play nice with him. Otherwise he can/will cut you off at the knees.

Anonymous tip of drug paraphenalia? ATF called about his suspicion of illegal weapons... Neighob complains you are harrassing others/brandishing a weapon?

You WANT the sheriff on your side.

TheRedGoat
Link Posted: 1/28/2002 6:26:47 AM EDT

Originally Posted By TheRedGoat:
Jebs,

You need to start over on your relationship with the local sheriff. Wether you like it or not, he can be a friend or foe at his discretion.

Contact the sheriff, let him know when you are shooting, invite him out to shoot with you, play nice with him. Otherwise he can/will cut you off at the knees.

Anonymous tip of drug paraphenalia? ATF called about his suspicion of illegal weapons... Neighbor complains you are harrassing others/brandishing a weapon?

You WANT the sheriff on your side.

TheRedGoat

Link Posted: 1/28/2002 7:32:07 AM EDT
I think that there is really not a whole lot that you can do, other than Gate and Fence your property. Then try to work things out with your neighbor. You know...you might want to remind him that it is very important for neighbors to be on good terms in the country side, because neighbors are supposed to look out for each other.

If he still remains a jerk..well, you could start making "campaign contributions" to your local Sheriff. And try to be on good terms with the law enforcement. If your neighbor then keeps making a lot of calls to the Sheriff and each time his allegations are found to be false. Eventually word will circulate among the Law Enforcement officers that your neighbor is something of a crackpot. And they will then be less likely to believe your neighbor's "stories".

But..Fence and Gate your property. Post No Trespassing Signs. Try to remain friendly with your neighbor. Don't do anything stupid or illegal like "planting a bunch of Marijuana on his property in the night and then calling the local Drug Enforcement officers". Such things will only get you into trouble.
Remember, to be on very good terms with your Sheriff and other officers. Make Campaign Contributions...pretty soon..the Sheriff will then start to see you as a standup member of the community and your neighbor as a nuisance.
Link Posted: 1/28/2002 7:50:23 AM EDT
Gte your buddies together, pool your money, and then legally incorporate as a gun club. At that point you can take in new members, charge dues, build backstops and shoot all day long! P.S. You can even give LEO's free memberships so that they'll quit screwing with you and then your neighbor is SOL.
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