What laws relate to where your bullets go?

Gun related chat that doesn't fit in another forum

What laws relate to where your bullets go?

Postby FJ540 on Sun May 07, 2017 10:31 pm

Long story short: I was receiving incomming fire from a neighbor shooting on land they don't own (different neighbor's place), into land they don't own (my neighbor's place), and ultimately wizzing and chunking right at and past me. Thank GOD for a pile of fill I haven't placed yet!

Confronted neighbor about his bullets entering my property, and he blew me off and resumed shooting; at which point I went to get my phone at told him I was calling the cops.

45 minutes later, CWC Deputy arrived, got my side, went to talk to them and they don't answer the door...

Deputy does nothing. Says to call if they do it again.

If I'm alive, I can call them again? WTF??

I'm going up the CoC tomorrow. I want charges.
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Re: What laws relate to where your bullets go?

Postby MJY65 on Mon May 08, 2017 4:25 am

I doubt it will get any traction unless you have an injury or demonstrable damage to property.
MJY65
 
Posts: 1068 [View]
Joined: Sun Feb 03, 2013 7:35 am

Re: What laws relate to where your bullets go?

Postby Rip Van Winkle on Mon May 08, 2017 5:07 am

I'm by no means a legal expert, but my guess is unless there's property damage or injury, there's not much that will be done. Talking to the Sheriff would be a good idea.

Have you talked to the (landowning) neighbor about the situation with the other neighbor?
I will never apologize for being an American.
Post 435 Gun Club
North Star Rifle Club
cmpofficer@post435gunclub.org
48 down, Still in the hunt for a heavy!
President's Hundred (#48 2018)
Certified NRA RSO
User avatar
Rip Van Winkle
 
Posts: 4165 [View]
Joined: Thu Jul 26, 2007 5:04 pm
Location: Unfashionable end of the western spiral arm, Galaxy Milky Way

Re: What laws relate to where your bullets go?

Postby Ironbear on Mon May 08, 2017 7:13 am

Sounds like reckless endangerment to me.

As a thought, might want to have a chat with a conservation officer as they might have better handle on what laws can be brought to bear on recklessly discharged firearms.
"Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just.” ~Blaise Pascal~
User avatar
Ironbear
 
Posts: 2178 [View]
Joined: Sat Jul 28, 2007 4:38 pm
Location: A nondescript planet in the Milky Way galaxy

Re: What laws relate to where your bullets go?

Postby Holland&Holland on Mon May 08, 2017 7:43 am

I know in my city ordinances this is covered. Shooting is allowed on one's property provided the projectiles do not leave that property.
User avatar
Holland&Holland
 
Posts: 12478 [View]
Joined: Mon Jan 12, 2009 9:17 am

Re: What laws relate to where your bullets go?

Postby photogpat on Mon May 08, 2017 8:18 am

Holland&Holland wrote:I know in my city ordinances this is covered. Shooting is allowed on one's property provided the projectiles do not leave that property.


I have seen trespass and reckless discharge (for any resulting physical injuries) charges brought for bullets landing on someone else's property.
Nothing to see here. Continue swimming.
User avatar
photogpat
 
Posts: 3701 [View]
Joined: Sun Jun 06, 2010 1:01 pm
Location: Securely barricaded

Re: What laws relate to where your bullets go?

Postby unfitmother on Mon May 08, 2017 8:30 am

A year ago I was looking for public land to shoot on, and read a lot of state, county and township ordinances. Don't know your particulars.

MN Statute wrote:87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE STANDARDS.

A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions.
History:

2005 c 105 s 6
87A.07 CLOSURE OF SHOOTING RANGES.

Subdivision 1. Closure.

Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01 to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range or activity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court.

Subd. 2. Preliminary injunctions.

Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of an alleged clear and immediate safety hazard, pending the final determination of the existence of the safety hazard.


Subd. 3. Permanent injunctions.

A court may grant a permanent injunction only against a particular activity or person instead of permanently closing the range unless the court finds that the remaining operations also pose a safety hazard under this section.
Semper Gumby
unfitmother
 
Posts: 225 [View]
Joined: Tue Feb 28, 2012 8:05 am
Location: Idaho

Re: What laws relate to where your bullets go?

Postby Ghost on Mon May 08, 2017 8:33 am

Did you take cover once you realized you had incoming fire?

Pretty sad adults can't say sorry and make sure it won't happen again by being more careful.
User avatar
Ghost
 
Posts: 8246 [View]
Joined: Wed Feb 05, 2014 8:49 pm

Re: What laws relate to where your bullets go?

Postby FJ540 on Mon May 08, 2017 9:14 am

I took the long way back to the road, yes.

Like I said, the pile of dirt probably saved my life.

I'm at the Sheriffs office waiting on a Sgt now.
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Re: What laws relate to where your bullets go?

Postby FJ540 on Mon May 08, 2017 9:30 am

Lt. is sending the duty Sgt back out now.
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Re: What laws relate to where your bullets go?

Postby Seismic Sam on Mon May 08, 2017 10:01 am

If I still lived in Minnezotah, I would offer to come out and sunbathe TOTALLY NEKKID just on your side of the property line, and I'd probably have my Tromix 50AE with me just to be safe. :( :o :shock: :shock: :shock: :shock: :shock:
User avatar
Seismic Sam
Gone but not forgotten
 
Posts: 5515 [View]
Joined: Fri Jul 27, 2007 1:02 pm
Location: Pass By-You, Loosianana

Re: What laws relate to where your bullets go?

Postby FJ540 on Mon May 08, 2017 11:31 am

Sgt is going to collect more data on the perps and submit it to the Cty Atty for possible prosecution.
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Re: What laws relate to where your bullets go?

Postby yukonjasper on Mon May 08, 2017 1:39 pm

I certainly respect your need to be safe on your property and believe you are in the right here. I do hope this doesn't turn into a feud. That is just no fun at all. I don't think there is really any room to compromise here however - what they are/were doing is flat out dangerous. It is really surprising that there was no reaction to your initial report and no acknowledgement by the "adults" that their actions had unintended consequences. Now that they have been notified, they really have no excuse for continuing the action without repercussions. I hope you can end this swiftly and decisively.

We stopped shooting on our property in Western Minnesota for that very reason. We would shoot into the grove behind the house, however there was no guarantee that the bullets were being absorbed by the trees - highly likely and no evidence to the contrary, but not guaranteed. We weren't shoot towards houses, but definitely towards roads. After we thought about it a bit, we stopped. You just don't want to be responsible for someone getting hurt because you are too stupid to think it through. Besides, It was too easy to join the local gun club - they had rests, target stands and #1 - safe backstops. We have met some good people belonging there also. It's a bit of a drive, but worth it to be shooting safely.

Good luck with your situation.
Deo Adjuvante Non Timendum - (with the help of God there is nothing to be afraid of)
Spectamur Agendo - (We are proven by our actions)
Non Ducor, Duco - (I am not led, I lead)
NRA Life Member
User avatar
yukonjasper
 
Posts: 5823 [View]
Joined: Wed Feb 06, 2008 3:31 pm
Location: eagan

Re: What laws relate to where your bullets go?

Postby FJ540 on Mon May 08, 2017 2:40 pm

This is year 6 of ongoing issues over jealousy that we bought property they wanted without them ever having a chance to try to buy it. Well, I beat them to the punch anyway - land was never "on the market", I sent the owner's realtor an offer, they countered, we bought it. "Hi, we're the new owners, get out and stay out." And all has been a chit storm ever since.

I'll doctor up some pics with measurements off the GIS site later and show the exact AO and how it went down. This is the first I've been on a real computer so I have some other business to handle and then maybe actually get some sleep since I don't have to worry about incoming rounds in suburbia. :roll: I didn't sleep last night. I was irritated yesterday after it happened, but then my brain switched to my wife or kid could be dead right now and that's pretty much where it's been stuck in continuous loop ever since. Where I was taking incidental cover (happened to be there, not that I was hiding intentionally at first) is the same spot my son likes playing with tadpoles and bugs.

Sgt #2 is very much in favor of throwing some charges on this, and will be contacting the neighbor (land owner) they were shooting from about associated liability from allowing such activities if someone gets hurt (their insurance carrier will not be happy). I'm not sure they're even aware that these people are annexing their back-lot when they're not present. He also thinks I've given them the benefit of the doubt and agreed with my position that when informed their actions were unsafe and he continued was when the line into criminal/overt disregard was crossed. Being defiant was not the right move.

We'll see what happens.
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Re: What laws relate to where your bullets go?

Postby FJ540 on Mon May 08, 2017 4:04 pm

Image

This is pretty accurate, but the base photo is from before mid-June of last year when I dug the pond prior to knee surgery #2 on my left knee.

This is about 6' tall and what I was behind when the bullets started coming in:

Image

Source of at least some ricochets (probably 50' from the public road) - I'd be surprised if some of these didn't try to return to sender. :shock:

Image
User avatar
FJ540
 
Posts: 6834 [View]
Joined: Fri Nov 20, 2009 5:44 pm
Location: Rock Ridge

Next

Return to General Gun Chat

Who is online

Users browsing this forum: No registered users and 11 guests

cron