[Malum Prohibitum]

I should have put this question here in the first place.

While 16-11-103 regulates the distance from a public road, is there any law (other than a local ordinance) regulating the distance one must be from another's building in order to shoot?

I keep hearing distances, but I can't find a state law.

 

[Malum Prohibitum]

So, I guess there are none? I check this thread every day for a response.

 

[Hock25]

Can you hear the crickets chirping?

 

[gunsmoker]

Four years later and nobody has found such a law?
Maybe there ain't one. At the state level, anyway.
By the way, who would like to get rid of the law that says you can't shoot within 50 yards of a public road?
Assuming the intent of the legislature was to prevent motorists from being hit by stray gunfire AND to criminalize hunting from the road (already illegal per game regulations), the law ought to ban
1- - shooting FROM the road.
2-- shooting ACROSS a road.
3-- shooting TOWARDS a road unless the shot can be taken with reasonable safety.

 

[GotUrBack]

Four years later and nobody has found such a law?
Maybe there ain't one. At the state level, anyway.
By the way, who would like to get rid of the law that says you can't shoot within 50 yards of a public road?
Assuming the intent of the legislature was to prevent motorists from being hit by stray gunfire AND to criminalize hunting from the road (already illegal per game regulations), the law ought to ban
1- - shooting FROM the road.
2-- shooting ACROSS a road.
3-- shooting TOWARDS a road unless the shot can be taken with reasonable safety.

I agree with the exception of #3. At least, this statement would be as vague as the PG law, IMHO. How can one shoot, without shooting towards a road? Of course, the bullet would probably never reach the road, but it seems to me that all of the bullets shot are towards a road!

 

[Savvy Jack]

I should have put this question here in the first place.

While 16-11-103 regulates the distance from a public road, is there any law (other than a local ordinance) regulating the distance one must be from another's building in order to shoot?

I keep hearing distances, but I can't find a state law.

What is "legal justification"?

http://www.georgiapacking.org/GaCode/?t ... ection=103

Also note this is for men, not women!

 

[GotUrBack]

http://www.georgiapacking.org/GaCode/?t ... ection=103[/URL]
Also note this is for men, not women![/quote:4d2dwqs3]

O.C.G.A. § 16-11-103
Discharge of gun or pistol near public highway or street
A person is guilty of a misdemeanor when, without legal justification, he discharges a gun or pistol on or within 50 yards of a public highway or street.

This is the same code the OP was referring to. It has nothing to do with the distance from another's building.

 

[livesounder]

Since you (of all people) can't find it in state law, pretty good bet it isn't there.

I'm do believe it's in my county ordinances, however. Are you suggesting that counties can't enforce such a law due to state preemption?

If so, I'm in 7th heaven.


Or are you just looking for somebody to be a test case?

 

[asbrand]

Heck...

Define "building" for me...

House? Barn? Outhouse? 2' tall water well? DOGHOUSE????

:mrgreen:

 

[Savvy Jack]

http://www.georgiapacking.org/GaCode/?t ... ection=103[/URL]
Also note this is for men, not women!

O.C.G.A. § 16-11-103
Discharge of gun or pistol near public highway or street
A person is guilty of a misdemeanor when, without legal justification, he discharges a gun or pistol on or within 50 yards of a public highway or street.

This is the same code the OP was referring to. It has nothing to do with the distance from another's building.[/quote:1xce2hax]

I know! Not what I asked. Guess it needs to be in another topic!

 

[Savvy Jack]

Since you (of all people) can't find it in state law, pretty good bet it isn't there.

I'm do believe it's in my county ordinances, however. Are you suggesting that counties can't enforce such a law due to state preemption?

If so, I'm in 7th heaven.

Or are you just looking for somebody to be a test case?

I don't think there is a state firearm discharging law or it would be preempted.

 

[seereus]

Some hunting regs require that you can't "hunt" within x yards of a structure.

 

[SheriffOconee]

Some hunting regs require that you can't "hunt" within x yards of a structure.

I am not aware of any statewide rule, regulation, or anything else prohbiting shooting from a building, near a building, or, if it is your building and no one is around or inside, INTO a building.
YMMV as far as local ordiances..

 

[seereus]

Some hunting regs require that you can't "hunt" within x yards of a structure.

I am not aware of any statewide rule, regulation, or anything else prohbiting shooting from a building, near a building, or, if it is your building and no one is around or inside, INTO a building.
YMMV as far as local ordiances..

Maybe im comparing apples to oranges, just relating what I have read in the hunting regs that pertain to Lake Seminole WMA "No hunting within 200yds of a house, dock, building or other structure"

 

[SheriffOconee]

I don't follow WMA regs, there very well could be something that applies to them

 

[68908]

However, if you are in a Metropolitian area, and you shoot your pistol in self-defense, so it was a good shooting, would it matter if there were a 200 foot law?

I mean doesn't that work just like the "you are only allowed to discharge your pistol while you are intoxicated if it is in defense of your life," law?

Doesn't defense of your life trump all other laws?

 

[grumpy]

Doesn't defense of your life trump all other laws?

No. If a felon, not having a weapon himself, disarms and shoots an attacker, he is then guilty of felon in possession of a firearm. He probably would not be charged with the shooting, but does have a firearm in his possession.

 

[68908]

Doesn't defense of your life trump all other laws?

No. If a felon, not having a weapon himself, disarms and shoots an attacker, he is then guilty of felon in possession of a firearm. He probably would not be charged with the shooting, but does have a firearm in his possession.

That's quite ridiculous, but I see your point.

 

[Idiocracy]

Doesn't defense of your life trump all other laws?

No. If a felon, not having a weapon himself, disarms and shoots an attacker, he is then guilty of felon in possession of a firearm. He probably would not be charged with the shooting, but does have a firearm in his possession.

That's quite ridiculous, but I see your point.

I'd hate to have a DA like that in my County, sheesh. I feel that most would decline to file charges or later nol pros in a circumstance like that.

Nolle prosequi

[Latin, Will not prosecute.]

The term nolle prosequi is used in reference to a formal entry upon the record made by a plaintiff in a civil lawsuit or a prosecutor in a criminal action in which that individual declares that he or she wishes to discontinue the action as to certain defendants, certain issues, or altogether. A nolle prosequi is commonly known as nol pros.

A nol pros charge CAN be refiled, if the DA is later compelled to pursue a conviction.

 

[Malum Prohibitum]

I'm do believe it's in my county ordinances, however. Are you suggesting that counties can't enforce such a law due to state preemption?

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