Would you get charged for discharging a firearm if shooting a rattlesnake?

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[ARCHIVED THREAD] - Would you get charged for discharging a firearm if shooting a rattlesnake?

Posted: 9/14/2009 4:02:49 AM EDT

Living it a small community where the houses are only 20 feet apart.
With all the empty houses due to the economy, some lawns are becoming weed jungles. As a result, there has been a number of rattlesnake appearances.
If Mr. 12ga where to also make an appearance does anyone know what is the law in this situation?

Posted: 9/14/2009 4:28:53 AM EDT

[#1]

In most places, firing a gun within city limits is against the law. Most of them will just ask you to call animal control or pest control to take care of it.

Best thing to do is call the local police and tell them what's going on... see what they tell you. Let them know there are pets in the area and you don't want these snakes to bite your best friends. Most of the time they will be cool about it.

It really depends on the area you live in.

Posted: 9/14/2009 4:37:27 AM EDT

[#2]

Quoted:

In most places, firing a gun within city limits is against the law. Most of them will just ask you to call animal control or pest control to take care of it.

Best thing to do is call the local police and tell them what's going on... see what they tell you. Let them know there are pets in the area and you don't want these snakes to bite your best friends. Most of the time they will be cool about it.

It really depends on the area you live in.

Good advice...

Posted: 9/14/2009 4:44:02 AM EDT

[#3]

Quoted:

With all the empty houses due to the economy, some lawns are becoming weed jungles.

Have seen on the news where neighbors are taking turns cutting the grass of empty houses because of snakes, mice, etc. Helps to keep the area from looking "run down". YMMV

Posted: 9/14/2009 4:55:54 AM EDT

[#4]

Try mowing their grass first. It will only take a little extra time and it will detur snakes.

If the snakes keep coming back or they don't let you cut their grass for some reason, then call the cops and see what you can do.

You also might be able to stun and kill it with a rake (not the big plastic fan kind) or a garden hoe.

Edit:A rake like this.

Posted: 9/14/2009 4:59:03 AM EDT

[#5]

If you have kids running around in your yard, or even yourself, rattlesnakes can kill.

You were in fear for your life.

boom.

Tell your neighbors to STFU. JSO has more important things to do.

Posted: 9/14/2009 5:15:23 AM EDT

[#6]

to the OP, NO you will not. There is no statute against discharging on your property.

Perhaps If you were aiming it at a pet or human or the like. But No, You can not simply be charged with firing on private property in FL.

And NO! It does not depend on the city or county. The state has authority as far as all firearms laws are concerned in FL, with exception to waiting periods only.

Search the statutes. They are not terribly difficult to understand...

Posted: 9/14/2009 6:03:10 AM EDT

[#7]

Quoted:
to the OP, NO you will not. There is no statute against discharging on your property.

Perhaps If you were aiming it at a pet or human or the like. But No, You can not simply be charged with firing on private property in FL.

And NO! It does not depend on the city or county. The state has authority as far as all firearms laws are concerned in FL, with exception to waiting periods only.

Search the statutes. They are not terribly difficult to understand...

He's right, Check Charlie Crist's AG opinion 2005-40.............Other than the State Legislature itself, other political subdivisions are NOT allowed to regulate firearms.

Posted: 9/14/2009 6:05:32 AM EDT

[#8]

First of all, it is a bad idea in general to take action based on the legal opinions of sea lawyers. If you want real, valid legal advice, call someone who would know.

Second of all, Florida Statute 790.15 reads as follows:

"Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry."

My unpaid, non-lawyerly advice would be that unless the snake is an eminent threat to your safety and/or well being, I'd call animal control and have them do the job your property taxes pay them to do. If you are going to shoot it anyways, I would make certain you are safely on private property and not near the street. Incidentally, discharge of a firearm is not your only concern. You must also dispatch the animal in a humane and not needlessly cruel fashion. I imagine most 12 gauges would do the job correctly, but it is something to keep in mind.

Also, sadly but surely, you can almost guarantee that some neighbor who believes all God's creatures are precious and guns are the devil is going to go full-retard if/when you do it. If done properly, I doubt you'd face any legal consequences (but again, I'm not a lawyer), but it still might be more of a headache then it is worth.

Posted: 9/14/2009 6:37:38 AM EDT

[#9]

Use a garden tool like a weed wacker or edger or even lawn mower all of which will get the job done and don't try to be a cowboy. Whether it is lawful or not you can still be arrested if the officer feels like it. Whether it sticks or not would be more hassel than its worth. Unless you feel like taking the chance and making point for the rest of us.

Posted: 9/14/2009 6:56:00 AM EDT

[#10]

I've done it before at the orange grove my boss owns, and almost did it a second time
in my own yard with no problems. Course we were in a huge field at the grove.

I would say your neighbor's reactions to guns/gunfire would be the deciding factor.

Posted: 9/14/2009 8:44:46 AM EDT

[#11]

Quoted:
.........Also, sadly but surely, you can almost guarantee that some neighbor who believes all God's creatures are precious and guns are the devil is going to go full-retard if/when you do it.

"Everybody knows you never go full retard."

Posted: 9/14/2009 10:49:55 AM EDT

[#12]

I should suspect you shouldn't worry about the cops unless one of your neighbors calls them on you, which will more than likely happen. I have to admit, I don't like the thought of some neighbor shooting a gun off in the back yard next to where I live. I couldn't give a rat's ass less what the reason is. I say that because I don't know who's responsible with firearms and who's some drunken wahoo shooting guns in his back yard. Rounds are known to go through walls and the like so I can't say I'm comfortable with it.

I also don't know if said neighbors would be familiar with the most classic of safety rules "Know your target and what is beyond it." I'd prefer noone's shooting guns off around my neighborhood for any reason. If you're seeing rattlesnakes around the area you really should call animal control. That's what these guys do and the previous poster was right when they said that's what your tax dollars pays for.

Posted: 9/14/2009 11:00:42 AM EDT

[#13]

Quoted:
Living it a small community where the houses are only 20 feet apart.
With all the empty houses due to the economy, some lawns are becoming weed jungles. As a result, there has been a number of rattlesnake appearances.
If Mr. 12ga where to also make an appearance does anyone know what is the law in this situation?

sounds like my neighborhood.
where ya at

Posted: 9/14/2009 11:06:58 AM EDT

[#14]

Quoted:
I should suspect you shouldn't worry about the cops unless one of your neighbors calls them on you, which will more than likely happen. I have to admit, I don't like the thought of some neighbor shooting a gun off in the back yard next to where I live. I couldn't give a rat's ass less what the reason is. I say that because I don't know who's responsible with firearms and who's some drunken wahoo shooting guns in his back yard. Rounds are known to go through walls and the like so I can't say I'm comfortable with it.

I also don't know if said neighbors would be familiar with the most classic of safety rules "Know your target and what is beyond it." I'd prefer noone's shooting guns off around my neighborhood for any reason. If you're seeing rattlesnakes around the area you really should call animal control. That's what these guys do and the previous poster was right when they said that's what your tax dollars pays for.

+1

Posted: 9/14/2009 11:14:51 AM EDT

[#15]

Similar concerns over here as well. I found a 5 foot rattle snake (it get's bigger every time I tell this story) outside my property line and it was crawling tours my house. Grabbed my old pellet rifle....and once it was in my yard....BING! Very little sound from the pellet gun and snake was dead (head shot from inside 12 feet/hate snakes!).

Posted: 9/14/2009 12:36:04 PM EDT

[#16]

Another thing I've done when I've found snakes in the yard over the years is take a stick and a box (or a full sized trash can) and rounded them up and haul 'em out to the woods and dump 'em. But this can obviously be very dangerous. It's not too hard to do as long as you're patient and keep all parts of your body outside its striking range. I lost count of how many snakes I've rounded up over the years and hauled out to the woods somewhere. Most were non-venemous but a couple bad guys slipped through here and there. Did the same thing with turtles when I'd find them in the road including snapping turtles. Those bastards are feisty. Haul 'em out to the woods and drop 'em off. I've never intentionally killed a snake before.

Posted: 9/14/2009 1:08:38 PM EDT

[#17]

Quoted:

Quoted:
.........Also, sadly but surely, you can almost guarantee that some neighbor who believes all God's creatures are precious and guns are the devil is going to go full-retard if/when you do it.

"Everybody knows you never go full retard."

Tell that to Dianne Feinstein

Posted: 9/14/2009 1:36:26 PM EDT

[#18]

Quoted:
Another thing I've done when I've found snakes in the yard over the years is take a stick and a box (or a full sized trash can) and rounded them up and haul 'em out to the woods and dump 'em. But this can obviously be very dangerous. It's not too hard to do as long as you're patient and keep all parts of your body outside its striking range. I lost count of how many snakes I've rounded up over the years and hauled out to the woods somewhere. Most were non-venemous but a couple bad guys slipped through here and there. Did the same thing with turtles when I'd find them in the road including snapping turtles. Those bastards are feisty. Haul 'em out to the woods and drop 'em off. I've never intentionally killed a snake before.

In one post you dont want people messing with dangerous firearms next to you..

in the next you are recommending handling deadly animals.

I love all animals, I love my dogs/cats more. While snakes are good for the surrounding areas, I dont want to front the thousands of dollars in vet bills if one of my dogs got bit. Or bury a fury family member or lose my foot due to a bite.

The unwritten code is, shoot it, hit it. Dont miss.
No one calls the cops after one loud sound that may or may not have been a 12 gauge.

Posted: 9/14/2009 4:36:00 PM EDT

[#19]

Its a snake, not a two or four legged thing that can RUN after U and attack U. If u have time to run back in the house to get a gun u have time to just walk away. Here is what I do for rats. I use a high powered AIR rifle shoot them and they die. I have killed alot of snakes in my younger days with my Crossman 760. They can not really arrest u for shooting a AIR rifle in the area, unless ur shooting others or properties . Plus it is safer to the public if u use a air gun.

Posted: 9/14/2009 4:36:29 PM EDT

[#20]

A shovel works well for decapitating snakes.

Posted: 9/14/2009 5:22:19 PM EDT

[#21]

Someone beat me to it somewhat, I say use a tater rake with long tines. I used one many years ago
to kill a very aggressive HUGE moccasin that literally chased me up a lake bank.

Posted: 9/14/2009 5:48:23 PM EDT

[#22]

I guess now if someone asks why i want a surpressor, i now have an answer.

Posted: 9/14/2009 6:21:50 PM EDT

[#23]

If there is a rattlesnake in my yard, I'll let you know what the consequences are. I'm gonna shoot the damn thing and I don't give a s&*t who likes it or not.

Posted: 9/14/2009 6:41:34 PM EDT

[#24]

True that Manbearpig! I blasted one of these little basterds in my small pond in the front yard last year. My kids ran inside screaming it came at them. I walked out to the pond and waited for it to pop up in just the right spot where I would get a clean shot and also fire in a safe direction away from the house next door. Took that suckers head clean off! If my family is in danger I could give two shits about what the neighbors say or the cops.

Posted: 9/15/2009 3:01:30 AM EDT

[#25]

`

Quoted:
Its a snake, not a two or four legged thing that can RUN after U and attack U. If u have time to run back in the house to get a gun u have time to just walk away. Here is what I do for rats. I use a high powered AIR rifle shoot them and they die. I have killed alot of snakes in my younger days with my Crossman 760. They can not really arrest u for shooting a AIR rifle in the area, unless ur shooting others or properties . Plus it is safer to the public if u use a air gun.

now this boy was the grand master of ditch snake killing back in the day!!!!!!!!!!!!!!!!!!!!

Posted: 9/15/2009 5:09:11 AM EDT

[#26]

This is what I use:

Mini pitch fork I bought at strike zone used for frog gigging. I put it on a 10' pole and tied a rope to the hand held end. If I miss I can pull the rope and get it back safely. The pitch fork gives you the advantage of pinning it down and then you can come in with the shovel. I have done several cotton mouths and pygmy rattlers this way.

The houses are just to close together where I live, so no guns.

Works for me

Posted: 9/15/2009 5:58:15 AM EDT

[#27]

I have killed a larg rattle snake with a garden hoe.
I found it rattling behind the tire of my swamp buggy
just out of shear fright and having the hoe in hand, I wacked
it once and sheared the head clean off.

Here is the wierd part; A friend of mine bent down to pick up
the body of the headless snake and it struck out as if it was whole.
He had to change his pants after that.

I got 8 rattles and the button from that snake, we skinned the carcus
and nailed it to a pine so the birds could feed on it.
This was at the Turner River Saw Mill. Vernon and Essie owners
of the mill: Good People both passed, God rest their soles.
OH; nO i WOULD NOT discharge in yard. besides snakes eat rats and cats
what more could you ask?

Posted: 9/15/2009 3:03:51 PM EDT

[#28]

Speaking of Rattlesnakes, here's a thread I posted a while back. I live in the county though so no problem shooting around here.

http://www.ar15.com/forums/topic.html?b=1&f=5&t=910177

A couple of pics from that thread:

Posted: 9/15/2009 3:29:26 PM EDT

[#29]

I would second the recommendations to use an Air Rifle or other form of improvised device to kill the snakes. No one will give a crap about you killing a Rattlesnake with an Air Rifle or Garden Hoe. Now letting loose with the 12 ga. might attract negative attention.

Posted: 9/15/2009 3:34:23 PM EDT

[#30]

Check on your city/county ordnances. Most of them around here say you can't discharge a firearm within city limits, a lot of them say you can't even shoot a BB gun. A lot of the likelihood of arrest depends on how well you know your neighbors, the temperment of the local cops and how discrete you are when you shoot. I wouldn't arrest someone for shooting a rattlesnake in their yard though I would generally suggest another tool in close proximity to neighbors.

Posted: 9/15/2009 4:28:48 PM EDT

[#31]

why a 12ga, a .357 or .38 with nake shot would seem a lil mo' quiet, or at least not heard for a quarter mile.

Posted: 9/15/2009 10:11:24 PM EDT

[#32]

a garden hoe is silent.

Posted: 9/16/2009 4:13:18 AM EDT

[#33]

I really like the pellet gun idea.
What is at the top of the list?
Pellet rifle or pistol?
Pump or CO2?
I would think a CO2 would be the way to go as you can dump as many shots as fast as you can pull the trigger, but would hate to store the pellet gun for 4 months, take it out to use only to find its out of gas. So, the pump may be the way to go although much slower rate of fire.

Posted: 9/16/2009 5:03:05 AM EDT

[#34]

Crossman makes good air pump pistol , dont remember the model number. There 760 rifle is good. I have had both still got the pistol. Not much lives after about 8 pumps of air that I have shot in past, mostly rats. Found them.
http://www.crosman.com/airguns/pistols/1377C
http://www.crosman.com/airguns/rifles/pneumatic/760B
If u want some better power these are great.
http://www.crosman.com/airguns/benjamin/397

Posted: 9/16/2009 7:27:16 AM EDT

[#35]

Quoted:
Crossman makes good air pump pistol , dont remember the model number. There 760 rifle is good. I have had both still got the pistol. Not much lives after about 8 pumps of air that I have shot in past, mostly rats. Found them.
http://www.crosman.com/airguns/pistols/1377C
http://www.crosman.com/airguns/rifles/pneumatic/760B
If u want some better power these are great.
http://www.crosman.com/airguns/benjamin/397

I see these are .177
I vaguely recall as a kid they used to produce a .22 pellet gun. Do they still make those?

Posted: 9/16/2009 6:39:02 PM EDT

[#36]

Quoted:

Speaking of Rattlesnakes, here's a thread I posted a while back. I live in the county though so no problem shooting around here.

http://www.ar15.com/forums/topic.html?b=1&f=5&t=910177

A couple of pics from that thread:

http://members.cox.net/~m4real/Diamondback04small.jpg

http://members.cox.net/~m4real/Diamondback06small.jpg

I have that same Gerber.

My little clip broke though.

Posted: 9/16/2009 6:46:36 PM EDT

[#37]

Quoted:

Check on your city/county ordnances. Most of them around here say you can't discharge a firearm within city limits, a lot of them say you can't even shoot a BB gun. A lot of the likelihood of arrest depends on how well you know your neighbors, the temperment of the local cops and how discrete you are when you shoot. I wouldn't arrest someone for shooting a rattlesnake in their yard though I would generally suggest another tool in close proximity to neighbors.

state law says the local laws on firearms are null and void.

States rules on discharging a firearm only involve no shooting across roads and so on. Someone quoted the section already. It also makes an exemption for defending your life.

Source

790.15 Discharging firearm in public.––

(1) Except as provided in
subsection (2) or subsection (3), any person who knowingly discharges a
firearm in any public place or on the right-of-way of any paved public
road, highway, or street or whosoever knowingly discharges any firearm
over the right-of-way of any paved public road, highway, or street or
over any occupied premises is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
This section does not apply to a person lawfully defending life or
property or performing official duties requiring the discharge of a
firearm or to a person discharging a firearm on public roads or
properties expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Division of Forestry.

(2) Any occupant of any
vehicle who knowingly and willfully discharges any firearm from the
vehicle within 1,000 feet of any person commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner
of any vehicle, whether or not the owner of the vehicle is occupying
the vehicle, who knowingly directs any other person to discharge any
firearm from the vehicle commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
<small>
</small>

<small>History.––s.
1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch.
61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229,
ch. 99-245.
</small>

also

Source - This is a partial Quote

790.33 Field of regulation of firearms and ammunition preempted.––

(1) PREEMPTION.––Except
as expressly provided by general law, the Legislature hereby declares
that it is occupying the whole field of regulation of firearms and
ammunition, including the purchase, sale, transfer, taxation,
manufacture, ownership, possession, and transportation thereof, to the
exclusion of all existing and future county, city, town, or municipal
ordinances or regulations relating thereto. Any such existing
ordinances are hereby declared null and void. This subsection shall not
affect zoning ordinances which encompass firearms businesses along with
other businesses. Zoning ordinances which are designed for the purpose
of restricting or prohibiting the sale, purchase, transfer, or
manufacture of firearms or ammunition as a method of regulating
firearms or ammunition are in conflict with this subsection and are
prohibited.

Posted: 9/16/2009 7:36:00 PM EDT

[#38]

Shoot. Shovel. Shut up.

Seriously, though - I just bought some 9mm shotshells for my neighbor who is experiencing a snake problem in his yard. I also gave him a couple packages of firecrackers. Shoot the snake; light the firecrackers. Nobody will ever remember that the first bang was timed oddly.

Posted: 9/16/2009 8:12:27 PM EDT

[#39]

City of Rockledge Ordinances
Sec. 13-13. Discharging weapons.
(a) Airguns, slingshots. No person shall discharge any airgun or slingshot except on the premises of the owner and when either used by him or by some person authorized by him.
(b) Firearms. No person shall discharge any gun, pistol or other firearm without a permit from the chief of police, except under the following conditions:
(1) A duly authorized federal, state, county or municipal officer may discharge firearms in the legitimate pursuit of his duties.
(2) The owner or occupant of premises or any member of his family, or person duly authorized by him, may discharge firearms for the purpose of disposing of vermin or venomous snakes.
(3) Firearms may be employed for the purpose of killing venomous snakes wherever encountered within the city.

Posted: 9/16/2009 9:26:40 PM EDT

[#40]

Quoted:
City of Rockledge Ordinances
Sec. 13-13. Discharging weapons.
(a) Airguns, slingshots. No person shall discharge any airgun or slingshot except on the premises of the owner and when either used by him or by some person authorized by him.
(b) Firearms. No person shall discharge any gun, pistol or other firearm without a permit from the chief of police, except under the following conditions:
(1) A duly authorized federal, state, county or municipal officer may discharge firearms in the legitimate pursuit of his duties.
(2) The owner or occupant of premises or any member of his family, or person duly authorized by him, may discharge firearms for the purpose of disposing of vermin or venomous snakes.
(3) Firearms may be employed for the purpose of killing venomous snakes wherever encountered within the city.

That's all well and good that Rotledge has that ordinance on the books, but State law still preeempts it.

I wonder how the city defines 'vermin'? I know some 2-legged vermin that live there...

Posted: 9/17/2009 9:36:07 AM EDT

[#41]

I live in a deed restricted community, in the city limits, and on a conservation lot, surrounded by pines and palmettos.

I have one of these just for the rattlers and moccasins. I have killed 2 rattlers, and one moccasin (1 shot on each occasion) and nary a complaint from anyone, and no visit from TPD. One shot, and put it away.

I have pets, and kids do play in the yard. I don't go looking for snakes off property, but if they come up into the yard, they are dispatched with extreme haste.

Posted: 9/17/2009 4:01:27 PM EDT

[#42]

Quoted:

Quoted:
Crossman makes good air pump pistol , dont remember the model number. There 760 rifle is good. I have had both still got the pistol. Not much lives after about 8 pumps of air that I have shot in past, mostly rats. Found them.
http://www.crosman.com/airguns/pistols/1377C
http://www.crosman.com/airguns/rifles/pneumatic/760B
If u want some better power these are great.
http://www.crosman.com/airguns/benjamin/397

I see these are .177
I vaguely recall as a kid they used to produce a .22 pellet gun. Do they still make those?

YES they still do. Believe me .177 at 600 FPS will blow the fucking head complete off a lizard.

http://www.crosman.com/airguns/benjamin/HB22
http://www.crosman.com/airguns/benjamin/B1122BTM

Posted: 9/17/2009 7:16:20 PM EDT

[#43]

Echo SRM-260, twisted line, full throttle, FTW. Just lower the cutting head directly into the strike path,

Dispatched a bunch o' snakes with a trimmer. I'd think twice before tagging a 6+ footer with it though.

If you do go the 12 ga route, keep some mortars on hand to light off afterward.
FWIW, most people won't even be able to tell what direction the 1st shot came from; just stand outside the front door and look around stupidly like everyone else.

ETA: Put the rattler on ice and take it in to the next HOA meeting. It might garner some attention to the grounds maintenance situation.

Posted: 9/18/2009 6:19:48 PM EDT

[#44]

Quoted:
OH; nO i WOULD NOT discharge in yard. besides snakes eat rats and cats
what more could you ask?

Bullshit. I've seen you in the front yard with a 12 gauge shotgun in hand , while our Father was ruffling the bushes to try and make a rattler we had in the yard jump out so you could shoot it!

[ARCHIVED THREAD] - Would you get charged for discharging a firearm if shooting a rattlesnake?

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