To shoot or not to shoot on own land

[Guest MoonMan]

okay guys help me out. my brother in law seems to always know the answers regarding guns. please help me to be able to back up what I know in writing. in Hamilton county in the country (birchwood) to my knowledge you can shoot on your private land. I've setup a few stands and go out and shoot. he tells me the only people that can are gunsmiths. he said one time he was shooting on his grandpa's land and the cops told him it was illegal. I personally know this is wrong but can't find what I can show him to support it in writing. this is Also coming from a guy that says semi auto shotguns are illegAl and open carrying is too.

[Guest Bronker]

okay guys help me out. my brother in law seems to always know the answers regarding guns. please help me to be able to back up what I know in writing. in Hamilton county in the country (birchwood) to my knowledge you can shoot on your private land. I've setup a few stands and go out and shoot. he tells me the only people that can are gunsmiths. he said one time he was shooting on his grandpa's land and the cops told him it was illegal. I personally know this is wrong but can't find what I can show him to support it in writing. this is Also coming from a guy that says semi auto shotguns are illegAl and open carrying is too.

You need new friends. They are pulling you down.

Can this friend walk through the door without bumping his head?

Police that step on my private property outside the city limits, without just cause, to address me for shooting in a safe manner...is a TRESPASSER. THAT is against the law.

[Guest Drewsett]

You need new friends. They are pulling you down.

Can this friend walk through the door without bumping his head?

Police that step on my private property outside the city limits, without just cause, to address me for shooting in a safe manner...is a TRESPASSER. THAT is against the law.

This, +1

The only issues that I could imagine are city ordinances. I don't believe that, in the city of Nashville for example, one can set up a backstop on their half acre in a subdivision and go to town.

If you're rural, you should be just fine.

[Guest Glock23ForMe]

This may not be correct, but, what I've heard, is that a unincorporated city or town within TN, as long as it is your property or you have permission to be there from the property owner. You're good to go. Do check the city ordinances though. And the Police on your property without just cause... Trespassing...

[Guest BEARMAN]

Sounds like your brother-in law is full of ....FWIW.

[strickj]

An officer investigating gun shots (or a noise complaint) is not trespassing. Doesn't matter if it's your property or not.

To answer your question, as long as your neighbors don't mind the noise, you're gtg

[Guest Letereat!]

It is possible that there is an ordinance. It is voted on at the local level by the comissioners. It is not technically a law but they can have the sherrifs dept enforce it as such. Ive never understood how they get by with it but they do.

For instance i am 100% possitive you can blast away at will in Knox county,BUT,there IS an ordinance about the proximity of other dwellings, business establishments etc. I have blasted away in my back yard on many ocassions (only at possums of course);knowing full well that i was breaking the ordinance. No blue suits ever...guess the neighbors let it slide.

[Fallguy]

I don't think legally counties can enact ordnances, only cities.

It is hard to find a law that says you can do something, most laws tell you what you can't do. So I don't think you'll find anything to show your BIL that it is legal. Rather you may challenge him to show you the law that says it is illegal.

[peejman]

Perfectly legal in the county. I seem to recall, but can't find, something about minimum distance from a dwelling. 300ft comes to mind. But again, I can't find that documented anywhere.

Just be sure you do so in a safe manner, as opposed to the morons near me....

[rant] We'd heard gun shots relatively nearby for several days. Then my neighbor found a .40 bullet in his driveway. It likely came over my house to get there. When I told my wife, she said... Maybe that's what that thump was... Thump? Yeah, it sounded like something hit the house yesterday afternoon. So my neighbor and I have both spoken with the county sheriff's office. I don't like being nervous when I'm in my yard playing with my 2 yr old. [/rant]

[Guest Letereat!]

I think your right pee. I was gonna say 100 yrds but it seemed to close. BUt 300 ft sounds a lot further, Id say my closest neighbor is 200 ft, the rest are 300 plus easy, My back yard is impenatrable for at least 175 yrds(525 ft) to the road.

[Fallguy]

Y'all may be thinking of a wildlifle law, 70-4-108( which says "It is unlawful to hunt, shoot at, chase, or kill, with or without dogs any wild animal, wild bird or wild fowl on public lands and waters within one hundred yards (100 yds.) of a visible dwelling house, whether or not such dwelling house is on public or private lands, without the owner's permission"

However that seems to only be talking about hunting and while on public land and/or waters.

www.michie.com/tennessee

[Mike.357]

It is possible that there is an ordinance. It is voted on at the local level by the comissioners. It is not technically a law but they can have the sherrifs dept enforce it as such. Ive never understood how they get by with it but they do.

For instance i am 100% possitive you can blast away at will in Knox county,BUT,there IS an ordinance about the proximity of other dwellings, business establishments etc. I have blasted away in my back yard on many ocassions (only at possums of course);knowing full well that i was breaking the ordinance. No blue suits ever...guess the neighbors let it slide.

I shoot where I live. I called the sheriffs office before building a backstop and was told there is nothing in the county of Knox that prohibits gunfire on your property unless you are shooting at dwellings or other places where people might be gathering. The proximity of buildings has nothing to do with it really.

The only complaint I could see being made that might stick would be for noise. But if you are reasonable about when you shoot I think this point is also moot. Hard to complain about noise from gunfire as long as it is not early morning or at night.

[Oh Shoot]

I don't think legally counties can enact ordnances, only cities....

???

Here is Knox County code:

Municode.com | Online Library

It is called "Code of Ordinances".

Here is Knox County ordinance on Noise, for example:

http://library6.municode.com:80/default-now/template.htm?view=browse&doc_action=setdoc&doc_keytype=tocid&doc_key=960b7de876ee09e24d8f51b18ea7d0cc&infobase=12815

- OS

[Fallguy]

I stand corrected.

However I still dont' think all counties can do as much as cities can.

Trying to read T.C.A. Title 5, Chapter 1, Part 1 and as with most things TCA....it is clear as mud....lol

[Il Duce]

I think your right pee. I was gonna say 100 yrds but it seemed to close. BUt 300 ft sounds a lot further, Id say my closest neighbor is 200 ft, the rest are 300 plus easy, My back yard is impenatrable for at least 175 yrds(525 ft) to the road.

how can 300ft be further than 100 yards?

[Fallguy]

From what I can tell from Knox County Code Chapter 1, Sec 1-1 and TCA 5-1-211 Counties that have voted to have a Charter from of County goverment can pass ordnances.

So I think if a county has not done this, they can not pass their own ordnance.

Chapter 1 of the Tennessee County Goverment Handbook provided by CTAS says...

Under the Tennessee Constitution, counties are an extension of the state and are deemed political subdivisions of the state created in the exercise of its sovereign power to carry out the policy of the state. Counties, as the creation of the state, are subject to control by Tennessee's legislature, known as the General Assembly. Although the General Assembly has very broad powers to deal with county government, the state's constitution places some limitation on its discretion regarding counties.

A long line of Tennessee Supreme Court case law has held that counties have no authority except that expressly given them by statute or necessarily implied from it. Bayless v. Knox County, 286 S.W.2d 579 (Tenn. 1955). Although statutes are the primary source of county authority, the Tennessee Constitution does contain a few provisions specifically addressed to county government.

[Steelharp]

how can 300ft be further than 100 yards?

Because it's 200 more, silly! GOSH... you're just not blond, are you? :D

[Mike.357]

how can 300ft be further than 100 yards?

metrics???

[Guest peacexxl]

how can 300ft be further than 100 yards?

pound of feathers vs pound of lead

[Oh Shoot]

how can 300ft be further than 100 yards?

Because it goes to 11.

- OS

[Oh Shoot]

From what I can tell from Knox County Code Chapter 1, Sec 1-1 and TCA 5-1-211 Counties that have voted to have a Charter from of County goverment can pass ordnances....

Charter vs whatever a non-charter county is, pretty much beyond me, even after searching/reading a tad.

- OS

[Fallguy]

Charter vs whatever a non-charter county is, pretty much beyond me, even after searching/reading a tad.

- OS

Well I think all counties are non-charter by default, but can choose to become a charter county.

I have emailed CTAS for more information.

[Guest Letereat!]

how can 300ft be further than 100 yards?

Because in knox county thats the way things are. I was just thinking about the mental imagery, 300ft SOUNDS further than 100yds you know $1500.00 or one hundred and fifty thousand pennies.

Im goin with Mike.357, he called the Sherrif and that works for me. As long as im not shootin at anybodys house whats the prob.

Go outside and cut loose with your Nagant at 0800 on the 26th Mike, ill answer with the SKS if I can hear you.

Edited August 25, 2010 by Letereat!

[Mike.357]

Because in knox county thats the way things are. I was just thinking about the mental imagery, 300ft SOUNDS further than 100yds you know $1500.00 or one hundred and fifty thousand pennies.

Im goin with Mike.357, he called the Sherrif and that works for me. As long as im not shootin at anybodys house whats the prob.

Go outside and cut loose with your Nagant at 0800 on the 26th Mike, ill answer with the SKS if I can hear you.

since they started building in the hayfield next to us I have slowed down on shooting here. Still do it though. But mostly .22's now with the occasional centerfire handgun. I much prefer a longer distance for shooting centerfire rifles.

I axed one of my neighbors if my shooting was a problem, he said to not worry about it, I was not hurting anything.

Heck one of the hayfield residents has a pool. When they have people over they are making way more noise than I do by shooting guns for a while. Not to mention construction noise and dirt in the air I have had to tolerate.

I also hear gunfire from the sheriffs office all the time. Their training center is not far from here. I also hear other people around me shoot from time to time. So I think it is not all the uncommon to do it.

I think just be reasonable about shooting times, have a safe backstop to stop bullets and you are good to go.

[Guest Lester Weevils]

If I ever had the money to buy some acres out in the country... Fat chance.

Have seen pictures of U shaped berms apparently for action/tactical shooting. Bermed up about 10 feet on the front and both sides. Neat because somebody would have to be crazy careless not to hit the backstop.

Wonder if the idea went one further-- Close off the back of the U except a yard-wide entry-way. Wonder if such a berm would cut down on gunshot noise on neighboring properties? Direct horizontal sound radiation would be blocked by the berm, and sound propogating upward would probably not spread enough to make much sound pressure level back on the ground at a distance? It wouldn't be soundproof, but might make quite a difference in neighbor annoyance factor. Also, should be very safe. Dunno.