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Discharging a firearm in Barrow County

14K views 36 replies 20 participants last post by  ICP_Juggalo 
#1 ·
Does the following mean that it is illegal to discharge a firearm anywhere in Barrow county (on private property) since you can hear a firearm from more than 50 feet away?

Sec. 58-4. Noise.

(b) Prohibited noise. No person shall yell, shout, sing, chant, or make any other loud or raucous noises by any means whatsoever, whether by voice, hand-clapping, stomping or mechanical means, in a manner which constitutes "noise" as defined in this section. This section and its prohibitions shall apply equally to noise that originates and/or is heard on public property, private property (whether it be office, commercial, industrial, agricultural, or residential), and on the highways of the county or in proximity thereto. Such sounds which are audible to a person with normal hearing ability from the distance of 50 feet from the point of origin are presumed to be "noise" in violation of this section.
For purposes of this section, such mechanical sound includes, but is not limited to, the usage of firearms or pyrotechnics, the production of sound caused by the construction, destruction, or maintenance of any building, dwelling or structure, the building or maintenance of any mechanical contrivance, including motor vehicles, common lawn equipment and agricultural machinery, or the operation of any mechanical device.

(e) Enforcement; penalty.

(2) Any person found in violation of any of the provisions of this section shall be found guilty of a misdemeanor and shall be subject to a fine of not less than $250.00 and not more than $1,000.00 or be imprisoned in the county jail or correctional institution for a period not to exceed 60 days or both, for each offense for which the offender is convicted.

http://library6.municode.com/default-test/DocView/14226/1/78#0-0-0-1007
 
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#4 ·
I am sure folks do....hunting, shooting etc.....
Our ordinance sets times of which the offense noise is banned....I am sure even Lionel Hutz could beat that ordinance....banning all noise?? Train whistles?? Car horns??? not very bloody likely
 
#5 ·
I agree that it sounds stupid. Before I moved to Ga I visited my mother-in-law in Barrow county and called the sheriff and was told it was okay. That being said, it still seems that there is a law against it as stupid and possibly unenforced that it may be.

On a different note, I just received my GFL today. I recently moved here from Fl and had a Fl firearm license. Its nice to be able to carry again.
 
#6 ·
The provisions of this section shall not apply to or be enforced against:
(4) Noise resulting from emergency work, to be construed to mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger.
So, would fending off a criminal to protect yourself from exposure to danger be "emergency work"? :)

There's an exception for hunting too. "I was hunting targets, officer..." :D
 
#7 ·
This law ought to be struck down on two grounds.
1.) It interferes with free speech. First Amendment. It bans a common and historically-accepted method of communication (speaking and giving speeches outdoors, in public). You can't gather a group of people and address them without having your words heard 50 feet away. And even if this law could be interpreted in a way that it doesn't restrict free speech, just by being on the books it has a chilling effect on the exercise of that right.

2.) If the law doesn't mean exactly what it says, and NOT EVERY sound intentionally made that can be heard 50 feet away IS noise and therefore illegal, then the law is vague. People can't tell what kinds of sounds or communications are legal and which are illegal. Cops will not know which people to arrest. This is a Due Process of Law violation.
 
#8 ·
SheriffOconee said:
I am sure folks do....hunting, shooting etc.....
Our ordinance sets times of which the offense noise is banned....I am sure even Lionel Hutz could beat that ordinance....banning all noise?? Train whistles?? Car horns??? not very bloody likely
i dont believe they can ban train horn noise as the rail road is required to blow all crossing or have them flagged.....
 
#9 ·
They don't enforce this law. At all. There is an old guy that stands in downtown Winder whenever it's decent outside and SCREAMS bible stuff for hours, all the time. You can hear him several blocks away.
 
#10 ·
(2) Any person found in violation of any of the provisions of this section shall be found guilty of a misdemeanor and shall be subject to a fine of not less than $250.00 and not more than $1,000.00 or be imprisoned in the county jail or correctional institution for a period not to exceed 60 days or both, for each offense for which the offender is convicted.

That's a high price to pay for a couple of high pressure farts....just saying
 
#11 ·
Gentlemen, the law is the law as people like to say. Your second amendment rights do not negate my right to a peaceful life. Shooting guns in your own back yard if neighbors can hear it within fifty feet or more. Sorry if it hurts your sensitive selves. There are gun ranges in Barrow County. Let me remind you that using the excuse of”he’s doing it too” is not accepted even in first grade.
 
#12 ·
Gentlemen, the law is the law as people like to say. Your second amendment rights do not negate my right to a peaceful life. Shooting guns in your own back yard if neighbors can hear it within fifty feet or more. Sorry if it hurts your sensitive selves. There are gun ranges in Barrow County. Let me remind you that using the excuse of"he's doing it too" is not accepted even in first grade.
Welcome aboard. Sorry, but you're simply wrong. Vague laws are unenforceable and this one superficially attempts to ban noise that is mandated by law as well as noise that is somehow irritating. Also, there are state laws on use of guns on private property and where and how those can be fired which, under State Preemption, bar local government from attempting to implement more stringent limits by local ordinance. So, have a great day!
 
#13 ·
Just how much common lawn equipment and agricultural machinery can't be heard from a distance of 50'? I hope Bobbie who joined just to troll this 8 year old topic never fires up a lawn mower or hires someone that fires up a lawn mower to mow his lawn. If he does maybe he will be arrested and find out how stupid this law really is. Even the battery lawn equipment can be heard for more than 50'. Sorry about you rights to a peaceful life but I will continue to exercise my rights protected under the Constitution in which a peaceful life isn't among them. I will also mow my lawn when I feel it needs it.
 
#14 ·
I have my doubts that we'll ever hear from Ms Bobbie again.
I'd love to be wrong, though.
 
#28 ·
I'm a big enough man to admit I was wrong. It wasn't 'ever again' it was only 14 months.
 
#19 ·
Banned for what? Bobbie should come back and continue this conversation. Might be entertaining.
 
#16 ·
As well-intentioned as it may be, the noise ordinance is overall broad and, like some other legislature efforts, ill-conceived. As the esteemed Sheriff O has pointed out, it trends on more than just the second amendment.
 
#22 ·
Yeah this one has a dying compressor that makes a heck of a noise. The problem will eventually solve itself when it dies. It is an older unit too, so he's looking at a new unit that uses the newer gas and a new evap coil in his air handler.
 
#25 ·
Gentlemen, do I believe I live in s democracy. No. Do I believe I live in a country governed by laws? Yes. You say this law is impossible to enforce. Then petition to remove it from the books. You say air conditioners and lawn mowers prove the law is unenforceable. Then I say have them tuned or replaced. If people do not wish to do so, fine them. Excuses can be made to not obey many laws. The stop sign is unnecessary. That private property is in the way of my short cut. I just sat in my bedroom for an hour while someone more than fifty feet away from me shot off a very loud gun. How do you all like fireworks in your backyard while you are trying to sleep? There are gun ranges in this county. Use them. Sorry if you are inconvienenced.
 
#26 ·
I’m sorry. I did not answer all questions. I did not realize responding to an eight year old thread was trolling. This thread was a topic i wanted to address. I am not a he, but a she. I would not report a poor mans air conditioner. I might try to help him if possible. I do live in Barrow County. I do resent building noises in new construction. However new construction is temporary but that probably should be addressed by changing that in the laws. Someone sitting behind my house pulling a trigger over and over is not temporary and is delberate and unnecessary. Whoever is shooting behind my house is more than fifty feet but can be heard as if they are sitting outside my window. And finally, I am not a troll. I am respectful to everyone.
 
#31 ·
And finally, I am not a troll. I am respectful to everyone.
It seems that you think you may be able to solve what appears to be a problem with your gun shooting neighbor by posting your complaint here. You won't. We can't. Have you approached him to try to reach an accommodation that will satisfy both his right to shoot on his property and your need for peaceful rest at certain times? Isn't that your primary concern?
 
#27 ·
In 14 months, I'm going to write my reply.
 
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#32 ·
Bwhahahahahahaha! That was golden!
 
#29 ·
The code has been rewritten and is like 6 pages long now. It covers exceptions for some of the things mentioned, like lawn equipment. No exceptions for shooting. I think that makes Barrow County, the entire county, a No Shooting zone. Am I right?
 
#33 ·
Sorry to also resurrect this. But it's not to troll. Does anyone know how late someone could discharge a firearm in barrow? Some friends and I want to do a little low light shooting but dont want to violate noise ordinances. I'm guessing the way this is written the answer is going to be "legally? Technically NEVER in barrow county. " haha
I was just wondering if there was a Georgia law that protected the right to shoot a firearm up until a certain time I guess. I've searched and havent been able to find anything.
Sorry for resurrecting this, I just thought it fit best on this feed.
Also... Bobbie the ordinance isn't talking someone firing a gun 50 feet away. Its saying a noise can't audibly extend 50 feet from its source. Which is clearly ridiculous firearms or not.
I know an old topic guys. Sorry.
 
#35 ·
Sorry to also resurrect this. But it's not to troll. Does anyone know how late someone could discharge a firearm in barrow? Technically NEVER in barrow county. " haha
I was just wondering if there was a Georgia law that protected the right to shoot a firearm up until a certain time I guess.
I think we need such a law, better written than the lame confusing language that is in the state preemption law right now.
OCGA 16-11-173 sets out a general rule of state level preemption that says cities and counties (& any other level of government besides the General Assembly itself) cannot have any restrictions on the carry, sales, possession, or use of firearms. But then it throws in an exception -- it says except cities and counties may have ordinances that reasonably restrict or prohibit the discharge of firearms.

So, does the adverb "reasonably" modify both the words "restrict" and "prohibit"? Must the local government only be reasonable when they are restricting shooting but they could unreasonably forbid it?

Also, I don't think this statement is really worded strongly enough to effectively preempt anti-shooting ordinances or noise ordinances or environmental ordinances that have the effect of banning target practice and shooting for sport.

Georgia follows the home rule doctrine for cities and counties; it lets them make their own laws on any subject that is not forbidden by the legislature. This is a very strong and well respected doctrine in our legal system. (Consider how our governor Kemp recently caved-in and agreed that mayors of cities across Georgia have the power to contradict him on COVID-19 precautions such as mask wearing or ordering the closure of nonessential businesses.)

Because "home rule" is well entrenched in our law, and because the current preemption statute is so poorly worded when it comes to the issue of shooting firearms, I don't know if the courts would rule in our favor if it were fully litigated in our court system.

I say we need the legislature to amend the law to be crystal clear of its intention to strip cities and counties of this power of self rule and self governance.

Like the legislature did as to fireworks a few years ago: they were quite clear about that preemption, and every city and county got the message! Firework use is legal and even noise ordinances that don't specifically name fireworks will still be unenforceable as applied to fireworks shooting prior to a certain hour of the night.
 
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