Discharging a firearm in Barrow County

Discussion in 'GA Laws and Politics' started by Glock23-4-Me, Feb 4, 2010.

  1. Glock23-4-Me

    Glock23-4-Me New Member

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    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
     
  2. TheLaw

    TheLaw Old Time Member

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    I'm no lawyer but I can assue you that firearms are reguarly discharged in Barrow County. Hunting, target practice, etc..

    I shoot in my backyard. YMMV
     

  3. SheriffOconee

    SheriffOconee New Member

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    unless you have a silencer......yes...
     
  4. SheriffOconee

    SheriffOconee New Member

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    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. Glock23-4-Me

    Glock23-4-Me New Member

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    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. Rugerer

    Rugerer GeePeeDoHolic

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    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. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    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. rmodel65

    rmodel65 Yukon Cornelius



    i dont believe they can ban train horn noise as the rail road is required to blow all crossing or have them flagged.....
     
  9. TheLaw

    TheLaw Old Time Member

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    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. GhostR6

    GhostR6 New Member

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    (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. Bobbie

    Bobbie New Member

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    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. UtiPossidetis

    UtiPossidetis American

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    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. Wegahe

    Wegahe NRA Instructor

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    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. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    I have my doubts that we'll ever hear from Ms Bobbie again.
    I'd love to be wrong, though.
     
  15. Phil1979

    Phil1979 Member Georgia Carry

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    Don't feed the trolls. Just report the post and let them be banned.
     
  16. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    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.
     
  17. moe mensale

    moe mensale Well-Known Member

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    What about my "right" to a neatly manicured lawn?
     
  18. UtiPossidetis

    UtiPossidetis American

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    More fundamental question: What about my right to live a snowflake free life as an American!
     
  19. DonT

    DonT Deplorable bitter clinger.

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    Banned for what? Bobbie should come back and continue this conversation. Might be entertaining.
     
  20. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Absolutely.

    An overly broad law like this, combined with intolerant people through is very problematic. For example, I have a neighbor that has an outside condenser unit for his HVAC system that can be heard well over 50 feet away. It came up in conversation one day and he stated he'd love to replace it, but just can't afford it. As annoying as it might be, if we had such an ordinance in my county, I wouldn't report the guy. I'd be curious as to Bobbie's take on that...