Discharge of a firearm by roadway?

[IndyGunworks]

Just trying to verify a gunshop rumor that you cannot discharge a firearm w/in 130 feet of a roadway. I know its a DNR regulation that you cant HUNT that close to a roadway but am unable to find any state ordinance preventing the discharge as such. Any insight?

 

[K_W]

I know Indiana State law states you cannot shoot across any roadway or body of water.

I believe it may also be illegal to shoot from a roadway.

 

[ArcadiaGP]

What if in a self-defense situation? Would the broken law be waived in that case?

 

[TheSpark]

I'm not aware of any such state law. However, I think this is something each county/city can enact different ordinances on.

What if in a self-defense situation? Would the broken law be waived in that case?

IANAL: Basically when you have a valid self defense situation all other laws basically go out the window for that time. Anything you do while defending yourself should not bring any legal jeopardy.

 

[K_W]

What if in a self-defense situation? Would the broken law be waived in that case?

There is a clause in the self defense section of I.C. that protects you from "legal jeopardy of any kind if protecting the person or third person".

 

[IndyGunworks]

the rumor originated because of the literature that DNR puts out saying you cannot hunt w/in 130 feet of a roadway or something like that. I am speculating that its a DNR hunting regulation and would not apply to recreational shooting. I am aware of the IC that says you cannot shoot ACROSS the roadway. Just wondering if the DNR text is taken from IC, or if its a DNR thing and hunting specific.

 

[GodFearinGunTotin]

Good question. Like you IG, I thought there was some limit to roadways and maybe even homes too. But I'm not sure if I'm confusing this with hunting regs or laws from another state.

 

[IndyGunworks]

Hancock county does have a provision for discharging a firearm w/in 300 feet of a residence, but is silent on roadways.... that's why I am looking to IC to see if that's the basis for the DNR rule or if the DNR rule is specific to hunting.

 

[BehindBlueI's]

No state law I'm aware of. If Criminal Recklessness doesn't apply, you'd be good, and that's not based on X number of feet.

 

[ArcadiaGP]

This goes back to the "suffering animal" argument. You hit a deer with your car, it's dying. You put it down.

Now you're a felon? It's one of those judgement calls a responding officer would have to make - Technically you broke the law in a non self-defense situation... but would most officers book you for doing it?

 

[TheSpark]

This goes back to the "suffering animal" argument. You hit a deer with your car, it's dying. You put it down.

Now you're a felon? It's one of those judgement calls a responding officer would have to make - Technically you broke the law in a non self-defense situation... but would most officers book you for doing it?

Officers are suppose to enforce the law. Not sure if discretion should really come from the cops or the courts, or both. I would not say anything bad though if a cop did enforce the law in a situation like that.

 

[IndyGunworks]

Doesn't really matter much as the hancock 300 ft rule would trump the 130 from a roadway anyways... Just puts a hole in the longer range I had planed... no worries though. Without a noise ordanance in the county, what could they get me on complaint wise that would prevent me from shooting there provided I am following the 300 foot rule?

 

[CathyInBlue]

A couple of weeks ago, I was travelling SB US-41 S of TH in a pack of traffic when a tawny beagle mix ran out from the median in front of the lead car and got hit, hard. As I passed it, I could see it laying motionless with a lot of red that I took for a large tear in its skin. After passing it and seeing it in my rear view, to my horror, the poor thing got up and tried to finish crossing the four-lane divided highway, but it was so messed up, all it could do was run in a circle.

Still being on probation, I couldn't have a firearm on my person, but I wanted very much to circle back, collect the mortally wounded animal and dispatch it humanely. I was actually running in my head where all of the animal hospitals in TH are, but none that I know of are near Dallas Rd.

I still have no idea what happened to it after I left it there.

 

[Kirk Freeman]

Likely Kirk's First Law of the Internet, but perhaps someone is citing a county ordinance from somewhere about shooting ranges or informal target shooting.

My question: do you have a shooting sport picked out near a road? If so, where is it? (which county)

 

[IndyGunworks]

No shooting sport. But a longer range planned. My property is 165 feet wide and 1576 feet long. I could get a 500 yard shot safetly from the road through a patch I will cut in the trees into a berm. The neighbor is not fond of this idea when I was discussing it because of concerns w/ his daughter. He is a state police officer and was telling me what the law is. He was mildly offended that I looked up the sources so I could know for myself. I would have to shoot behind my barn to be 100 yards from his house, and he is OK with that (although he expressed some concern that the noise may bother him hence looking up the noise ordinances) However the 130 foot rule would have prevented the "long" range from being possible. w/ the 130 foot rule not applying to recreational shooting I could technically shoot from the road, and the discharge itself would be more than 300 feet from his residence, even though the flight of the bullet would be less than 300 feet. When I cited the Hancock county code that didn't state the 130 foot from the roadway it became a bit of a cat and mouse argument. The county is hancock and I anticipate once I am out there I will probably have a few complaints mostly due to people hearing the gunshots and just not liking it, not that its an actual safety concern or even a nuisance. The next person down from him has already complained about my grass growing to tall, (its a pasture) and me not displaying my building permit 24/7 when I was building a barn (I only put it up while I was there to prevent it from walking away) So I know I will have SOME issues, but if I am not doing anything illegal to begin with they wont have a leg to stand on, but I intend on having all the applicable codes printed off so I can present them should an issue arise.

He actually quoted the law saying it was 300 feet from a "structure" and said he could always consider his goat's shed a "structure" therefore forcing me to retreat even further to the rear of the property to shoot. When I looked it up and quoted the IC that said it was a "residence" you could tell he was just a bit irritated that he had lost that battle. He even asked if I thought he was a liar which I didn't dive into because that's a loose loose conversation. We are not on bad terms whatsoever, but its a situation where I would prefer to know beyond a shadow of a doubt that there are no ordinances against what I would be doing before I do them.

In this particular case the first offense should I not find some fine print somewhere is only a 100 dollar fine, increasing by 100 dollars for each occurrence not to exceed 2,500


So kirk, not a shooting sport, but rather a sequence of conversations, that are leading me to be prepared to justify that what I am doing is legal. Everything I do there will be very safe, and very legal, but I don't want to just go on, "its the law" I would rather "have the law" so I can show them what I am doing is legal. Its funny this is coming up now since I am still over a year away from building and have only discharged a firearm (shotgun at clay birds) once in the almost two years I have owned the property. I think they anticipate issues, therefore I anticipate issues and want to be well educated in the matter.

 

[Kirk Freeman]

My fingers meant to type "shooting spot".

You have a county ordinance/zoning issue, not a state law problem (which is good).

1. I'd pay to sit down and talk to a Hancock attorney about your proposed project.

2. If you have a concerned neighbor, sounds like you are being smart and asking the neighbor for his input.

3. Since you list noise as a concern, have you considered/researched a sound wall for the range? My buddy has one as he lives "out" in the county but has nieghbors. He shooting under a sound tiled filled "car port" (like where Donny Baker's band plays) and had a wall constructed to soak up the noise. To me, just further evidence to remove suppressors from Title II, but that's just me.

 

[IndyGunworks]

I wont do anything to that is obviously against the neighbors wishes, but I wont blindly accept "its the law" either. Its a weird catch 22 where I can discharge a firearm legally and still have the bullet travel through the area he understands to be "illegal" that project is off the block since it brought up so many concerns. he has no issue w/ the discharge being behind our residences.... I don't blame him for not wanting bullets flying through the air NEXT to his house after being discharged from IN FRONT of his house. and I will respect those wishes.

He has expressed that he likes the quiet out there and doesn't want me "blasting away all the time" which really shouldn't matter in that area how much I discharge. I don't anticipate any issues unless I were to have company over and have multiple firearms going for an extended period of time. Even that I cannot find anything against the ordinances.

How much do you think it would cost to have an attorney spell out the can's and cannots' for me, and put it all on paper in a presentable fashion? For a hundred bucks or possibly two it would be worth my time to get it all spelled out and on paper depending on what the attorney would be willing to do.

 

[IndyGunworks]

As for noise... I have considered a "sound tunnel" made up of some giant culvert, but will probably pass... I am in the country and shooting firearms should be expected. I will be planting a double row of hybrid poplars and a row of evergreens.... that should make a lot of the noise go UP....

 

[Kirk Freeman]

I have had success with Norway spruces.

He has expressed that he likes the quiet out there and doesn't want me "blasting away all the time" which really shouldn't matter in that area how much I discharge. I don't anticipate any issues unless I were to have company over and have multiple firearms going for an extended period of time. Even that I cannot find anything against the ordinances.

Hmmm, all the more reason to investigate sound suppression.

How much do you think it would cost to have an attorney spell out the can's and cannots' for me, and put it all on paper in a presentable fashion? For a hundred bucks or possibly two it would be worth my time to get it all spelled out and on paper depending on what the attorney would be willing to do.

Maybe an hour, plus a memo if you want one.

 

[IndyGunworks]

Whats an hour typically cost? What do I get with a "memo"? I have never as much stepped foot in an attorney's office so I don't really know what to expect, or what my money would get me.

Why are you not volunteering for the job?