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Unread 11-19-2011, 10:23 AM   #12
guns3545
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Quote:
Originally Posted by jonnyc View Post
Can or no can, you still have to consider the legality of discharging a firearm in some areas and distances to dwellings.
Until a few years ago, in the State of Florida, virtually all levels of government could pass ordinances controlling the possession and use of firearms..

For example, in Sarasota, it used to be illegal to discharge a firearm within 300 feet of a dwelling. The county said 300 yards.

Then because some authorities were passing overly restrictive laws, the NRA challenged their validity and won.

Thus today in Florida, the State reserves to itself the power to regulate and legislate on the acquisition, use, possession, etc. of firearms. Counties and municipalities cannot pass laws and all the laws they had passed were declared null and void.

The State basically prohibits the discharge of firearms in all public places, on and over rights of way, and over houses, etc. except when the shooter is defending his homestead or life, if he is away from his house.

The law also prohibits discharge of a firearm from a vehicle within 1000 feet of people.

This resulted a few years ago in the prosecution of a man in Bradenton who fired a shotgun toward the woods near his house to ward of an attacker who was beating up his neighbor. He was successful as the attacker ran off. But when the police came he was arrested because it was an illegal discharge because it was not aimed at the attacker and thus the person was not defending his property or saving the life of another.

So, beware. Even simple laws can be interpreted a lot of ways.

But, firing a weapon in your garage or basement appears to be okay as long as the projectiles to not leave it and enter "public places, right of ways, neighbors property, etc."

Bottom line: Know the laws in your state and more importantly how Law Enforcement and the Judicial authorities are interpreting them. Common sense is not all that Common.

John
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