Posted: 4/7/2013 7:46:41 PM EDT
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I hate these sorts of questions, as they seem to open a can of worms, which is why my first instinct is to not go to the county or town board.
I'm buying a piece of property that is big enough to shoot on, the current owner shoots 22's and other stuff. I would like to shoot my larger caliber rifles and handguns, thus producing much more noise. Who is the best person to talk to, or place to look what the actual rules are without screwing myself? This is in Washington county. Thanks! |
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While I understand the best of intentions is meant, I would NOT ask an LEO about current laws. I would either look them up yourself, or consult an attorney.
I've had many dealings in the past where well intentioned LEOs misquoted laws. Legally, you have no recourse if they give you bad advice. Most places nowadays have their ordinances published online. Even my podunk township has all 5 or so of their ordinances listed. |
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Best to ask your local SD about your area. Think its at least 100ft from a habitable building (unless you have permission otherwise) if your area allows it. It's 100 yards... but it doesn't apply to neighbors' buildings if you are on your own property. That's only for the landowner doing the shooting on his land, and any family residing on the shooter's property. IOW, you, your spouse, your kids, can legally shoot within 100 yards of a neighbor's buildings, if you are on your property and a neighbor's house is within the 100 yards, but no friends or "guests" can legally do so. The statute states you can't shoot within 100 yards of a building devoted to human occupancy "while on the lands of another". You're not "on the lands of another", you're on your lands... therefore it doesn't apply to you. Friends or guests, however, are on the lands of another (you), and even if YOU give them permission, any building owners within 100 yds must also give permission. edit: been through this situation personally when building a duck blind on a buddy's lake lot. Neighbor, owner of summer cottage on one side, was pissed at the 5:30am "wake up calls" of 12ga duck loads, and complained. Sheriff came out, warden too, and using a laser rangefinder we proved our blind was 125+ yards from that neighbor's house. The property line was only 50-60 yds, but that didn't matter. We were good to go. House on other side was only 40 yds from blind... but that owner is the brother of the guy whose land we built the blind on, he helped build the blind and used it too, and we all had his permission. 
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rfb45colt - I remember you posting about that. Very odd how that law works. 941.20 Endangering safety by use of dangerous weapon. 941.20(1) Whoever does any of the following is guilty of a Class A misdemeanor: 941.20(1)(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit. 
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Look up the ordinances here:http://wilawlibrary.gov/topics/ordinances.php
If discharging a firearm is prohibited, it will show up in the ordinances. You will also want to check the "Public Disturbances" ordinances. Once you've assured yourself that shooting is ok legally, it is still a good idea to let your neighbors know that you will be doing some shooting on the property. A complaining neighbor can be worse than an ordinance violation. |
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While I understand the best of intentions is meant, I would NOT ask an LEO about current laws. I would either look them up yourself, or consult an attorney. Ask, but verify...you do realize that those same cops you would "not ask" are the ones who will be responding to a neighbor's complaint about shots being fired, right? |
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While I understand the best of intentions is meant, I would NOT ask an LEO about current laws. I would either look them up yourself, or consult an attorney. Ask, but verify...you do realize that those same cops you would "not ask" are the ones who will be responding to a neighbor's complaint about shots being fired, right? I understand that. And i'm not saying there's anything wrong with giving them a heads up. But LEO's don't always know the applicable laws. Not saying it's a fault.... there are lots of laws on the books, and it's hard to know them all. I'm just saying, if you want a good legally binding answer, probably best to talk to a lawyer.
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rfb45colt - I remember you posting about that. Very odd how that law works. 941.20 Endangering safety by use of dangerous weapon. 941.20(1) Whoever does any of the following is guilty of a Class A misdemeanor: 941.20(1)(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit. Seems pretty clear at first reading. But.... (there's always a but, isn't there  ) .... what exactly constitutes a "building devoted to human occupancy" ? Notice it says, it does not include "tent, bus, truck, vehicle or similar portable unit". What about a garage, barn, storage shed, boathouse, outhouse... which are non-portable buildings, but are not legal to "live in" under most zoning ordinances? Is a storage shed or a detached garage a "building devoted to human occupancy"? Or must it be a "residence" that confirms to building codes for plumbing, electrical, etc.? What about a camping trailer with the axles removed and set on blocks? No longer "portable", even though it's original design was for portability.
The definition section of the statute excludes portable living units like tents, motor homes, campers, from being a "building"... but does not define what "human occupancy" is.  Is a horse barn devoted to human occupancy or horse occupancy? What about a chicken coop? It's likely a permanant "building", but it's designed ("devoted") to be occupied by chickens. 
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Now what about target shooting at night?  Would probably fall under a noise ordinance?people are less likely to look the other way. As long as you're not bothering anyone, I doubt you'll run into problems. Gunshots at night are very likely to draw unwanted attention. That's why we have suppressors and NVGs. 
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