What's the Law ?

[Guest Essy]

What's the law on the discharging of a firearm near a resident?

What is the distance from a dwelling?

[Clod Stomper]

I think that's going to depend on the locality. If there is a state law, I hope someone jumps in and lets us know. But I don't think there is.

I shoot in my back (and front, and side) yard all the time.

[Garufa]

What's the law on the discharging of a firearm near a resident?

It might be very stringent depending on the circumstances.

[ted]

Are you in the city limits

[Oh Shoot]

Assume you mean "residence", as pointed out by Garufa.

AFAIK, the only "distance from a dwelling" mention in state law is in relation to hunting: 100 yards from a visible dwelling without owner's permission.

Many if not most towns of any size have an ordinance against discharging firearms in city limits period.

Out in the country, I'd say it'll "depend".

- OS

Edited May 30, 2012 by OhShoot

[kwe45919]

Adding to what OhShoot said, the "county" can treat each situation different. For example, there were a bunch of us TGO members shooting safely in Blount County. A "close proximity" neighbor tried to gripe about the noise and called the cops. Truthfully, quite a few local residences called the local county PD......and the BCSD came, checked us out, found us to be safe AND LEGAL and left us alone after that. Now, even though we were in a safe location, if we looked to be "impaired" or "shooting/acting unsafe", the police can do just about anything they want because after all, you have a gun and they can consider you a threat. No doubt they can shut you down and haul you off. If you are shooting squirels in your garden and there is a home in the general direction you are shooting, they can shut you down. When a firearm or shots are inolved, you better believe most any cop will be nervous and twitchy so you will dictate how they will react by how you present yourself in that situation.

[hornett22]

All I know is what has already been mentioned. During hunting and inside city limits.

I shoot in my yard all the time. I just try to use common sense and no one has ever showed up.

[Guest Essy]

Are you in the city limits

No! I'm in the country! And I have 2 acres!

[Guest Essy]

First of don't get me wrong! It's not me I'm asking about! But I have 3 or 4 neighbors that shoot around here on a regular bases! Several are target practicing. I belong to a local range (CHRPC) and that's where I shoot!

But I was just wondering for my own curioscity!

[Garufa]

Essy, just call up the Sheriff's Dept. and ask if you're worried about it.

[DaveTN]

Unless there is a specific law on the discharge of firearms; discharging a firearm where it could hit a person or a house would come under 39-13-103 Reckless Endangerment. Like anything else I would guess the determination would go in this order.

Deputy or Officer decides if he thinks the shooting situation is okay or not.

If he makes an arrest the DA will decide if he wants to prosecute.

If he does a Judge or Jury will decide what they think about it.

It’s one of those laws that are not clearly defined and if the need arises; “reasonable people†will decide your fate based on your actions, or based on something or someone getting shot.

Reckless Endangerment with a deadly weapon is a felony and the end of your gun privileges.

[Guest BungieCord]

Copied verbatim from the TWRA Hunting & Traping Guide:

Hunting near private dwellings:

It is unlawful to hunt, shoot at, chase or kill with or without dogs any wild animal, wild birds or waterfowl on public lands and waters within 100 yards of a visible dwelling house, without the owner’s permission, whether or not such a dwelling is on public or private lands.

If it's your house or you have the owner's permission, you can hunt in the living room.

[kwe45919]

Copied verbatim from the TWRA Hunting & Traping Guide:

If it's your house or you have the owner's permission, you can hunt in the living room.

Hunting "improperly" or illegally can still definatly be counted as an unlawful discharge or reckless endangerment of/with a gun amongst other things, which can lead to felony charges. So in other words, no you can't hunt in your living room.

Edited June 1, 2012 by kwe45919

[hornett22]

everyone shoots around here. I'd rather listen to that all day than the overpriced motorcycles and fart can mufflers on civics and neons.

[peejman]

...

If it's your house or you have the owner's permission, you can hunt in the living room.

A friend's father used to hunt from the kitchen table.

[Guest Essy]

Unless there is a specific law on the discharge of firearms; discharging a firearm where it could hit a person or a house would come under 39-13-103 Reckless Endangerment. Like anything else I would guess the determination would go in this order.

Deputy or Officer decides if he thinks the shooting situation is okay or not.

If he makes an arrest the DA will decide if he wants to prosecute.

If he does a Judge or Jury will decide what they think about it.

It’s one of those laws that are not clearly defined and if the need arises; “reasonable people†will decide your fate based on your actions, or based on something or someone getting shot.

Reckless Endangerment with a deadly weapon is a felony and the end of your gun privileges.

I understand what your saying! And thank you!

I was curious as to what! If any laws there are on this matter. Good information to know! Don't you think?

[Guest BungieCord]

Hunting "improperly" or illegally can still definatly be counted as an unlawful discharge or reckless endangerment of/with a gun amongst other things, which can lead to felony charges. So in other words, no you can't hunt in your living room.

Good luck with that.

[DaveTN]

I understand what your saying! And thank you!

I was curious as to what! If any laws there are on this matter. Good information to know! Don't you think?

I think that the best information will come from talking with Officers of the agency that will respond to the call.

I also think you should not have to worry about your neighbors shooting if they are so close they present a danger. Of course it should be common curiosity, but sometimes people don’t have that and the law has to be called.

I would try to talk to my neighbors first, if that doesn’t work; call the law.

[Clod Stomper]

I'd be interested to know if the neighbors of the OP do indeed present a danger, or if he is just nervous because he can hear them shooting?

Common courtesy can also involve NOT moving into a rural area where people like to shoot from their back deck. Then deciding that one is frightened of that activity and calling the law.

[gregintenn]

I dearly love hearing my neighbors shooting.