Florida laws shooting on private property

jimglassjimglass Posts: 83 Greenhorn
I received a call a few weeks ago from a woman in Homosassa Florida complaining about a wild hog rutting up her lawn and ask me if I could help. I told her about all I could do is shoot the hog and she said that would be fine with her.

This neighborhood has homes on 2 1/2 to 15 acre lots. I spoke to a local police officer who said shooting in a subdivision was not aloud. Someone could complain and the police would investigate and I may or may not be in trouble. But I could use a crossbow to kill the hog or use a trap. This rather vague to me.

I checked into this only to find a new Florida law that says back yard shooting is prohibited where homes are one per acre or closer. That's a big difference from 2 1/2 to 15 acres per house. Where I live we cannot shoot inside of a city limit, and within 200 yards from a building, pretty simple.

Where can I check into this?. Should I check with the local sheriff?

Thanks, Jim

Replies

  • nativetroynativetroy Posts: 284 Officer
    While it shouldn't be illegal, doesn't mean you won't have someone call the cops. Personally I'd check with FWC and the local sheriff.
  • james 14james 14 Posts: 2,836 Moderator
    790.15 Discharging firearm in public or on residential property.—
    (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, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits 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 Florida Forest Service.
    (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.
    (4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:
    (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
    (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or
    (c) To a person who accidentally discharges a firearm.
  • james 14james 14 Posts: 2,836 Moderator
    Read the bold sections. Words like "recklessly", "negligently" and "reasonable" leave some room for interpretation while also leaving room to do exactly what you're wanting to do. You can also see the context of the "one or more dwelling units per acre" rule but there are also exceptions. Also notice nothing about "city limits" and no city or county can override state law. Even the state laws had to change a few years ago...IIRC it was a 2011 federal court case.

    Another thing to keep in mind is that a bullet crossing the property line counts as armed trespass.

    Just because they are police doesn't mean they know the laws. Best practices with a firearm would be to know the law for yourself and keep it with you.

    Lastly, google search fs 790 and double check it for yourself. Don't take the word of anyone online.
  • DaveNJaxDaveNJax Posts: 106 Deckhand
    Shoot it with a Bow or Crossbow....as long as your not shooting over anyone's land but the homeowner's. The size property your talking about and no one will know...or care

    Edit: Forgot to add...if your within a 2hr drive of Jacksonville Id be happy to ease over bow shoot it discretely for ya :grin

    2nd edit: because I obviously cant follow directions as you said "A woman from HOMOSASSAS" and that is a tad to far to come shoot one hog...If it shows. sorry
  • shempshemp Posts: 490 Deckhand
    Should be legal. Definitely contact FWC in advance and get the name of the LEO with whom you communicate. Does not take as much effort as it sounds like and can seriously come in handy. Not sure why but too many people call the cops when they hear shooting; doesn't mean you're wrong or breaking a law, just know what you're up to.

    A bow is quiet but if I were you I'd get to an elevated position and shoot at a downward angle while using a firearm. I'd rather explain to a citrus deputy what the shooting was about, while name dropping FWC LEO than deal with the fallout from an arrowed hog running through a gated community
  • jimglassjimglass Posts: 83 Greenhorn
    Thanks for all the input. I know of someone in the area with a crossbow. I'll give him a call.
  • kumatekumate Posts: 12 Greenhorn
    The law most definitely allows you to shoot on your property even if less than 1 acre. SubSection 775.083  B in Bold print states if under the circumstances the discharge does not pose a reasonable foreseeable risk to life, safety or property it does not apply.  This clearly gives you the right to safely put up a target and if you had a NRA approved or specified backstop and go a little overkill on the backstop, you could not pose a reasonable foreseeable risk and it would not be illegal to shoot.  Dollars to doughnuts that a lot of Leo would not know the law some are my friends.  I would get it laminated and have it with me
  • joekat46joekat46 Posts: 1,848 Captain
    Good excuse to buy one of those high power air guns the Bullfrog has been posting about.  
  • Florida BullfrogFlorida Bullfrog Posts: 1,406 Officer
    James is right. “Reckless,” “reasonable,” and “neglegent” are all fuzzy terms. You’re ultimately at the mercy of the LEOs, the prosecutor, the judge, and the jury. The only person who’s opinion doesn’t matter as to what those words mean is your own. 

    Go with a bow, crossbow, or airgun. 

  • Rich MRich M Posts: 890 Officer
    crossbow!
  • binellishtrbinellishtr Posts: 7,381 Admiral
    Bulldog
  • PinmanPinman Posts: 1,283 Officer

    Use these....

  • Soda PopinskiSoda Popinski GrovelandPosts: 7,731 Admiral
    james 14 said:
    790.15 Discharging firearm in public or on residential property.—
    (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, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits 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 Florida Forest Service.
    (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.
    (4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:
    (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;
    (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or
    (c) To a person who accidentally discharges a firearm.
    Yeah....they'll put you in the cop car until for an hour or so, take your 12 GA and make you come pick it up a week later after a good scolding but no charges filed.  
    People use statistics the way a drunk uses a street light, for support rather than illumination.
  • stc1993stc1993 Albany, GA Carrabelle, FLPosts: 4,427 Captain
    If shooting in close proximity to neighbors a shotgun loaded with 0/0 is your best friend.
  • Soda PopinskiSoda Popinski GrovelandPosts: 7,731 Admiral
    stc1993 said:
    If shooting in close proximity to neighbors a shotgun loaded with 0/0 is your best friend.
    just remember to pick up the GD shells after you do so there is no evidence in your front yard!
    People use statistics the way a drunk uses a street light, for support rather than illumination.

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