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MUCH MORE backyard shooting for me (for now)

15K views 129 replies 42 participants last post by  ikarus1  
#1 · (Edited)
My son and I decided to cowitness / sight-in a new AR that we had built yesterday.
I've been 'blessed' to be able to shoot on my own small property basically on the border of two towns/two counties for years. I have two neighbors who have been here for the entire time we've lived here (11+ years). They live in a different town than I do, but we both live in the same county. I pay city taxes to a different city, have different trash pickup, and when I call 911 from my home, a different (city cop) LEO shows up that if they do (Sheriff). The county in which we live has a 500yd nearest occupied dwelling firearms ordinance with nearly no exceptions. The ordinance was written in 1967, I presume near the high-fervor of whatever thinking led to GCA68 being passed....even some LEO friends I have asked about it call it ridiculous. There's a $500 fine associated with the class 3 misdemeanor infraction associated with violating it.

However, The city in which I live and pay taxes to has a modern 100yd minimum firearms discharge ordinance from the closest residence or occupied building. They make exceptions for property that YOU own (the county ordinance doesn't) or property that you have permission from the owner. The exceptions are hunting, target shooting, self defense, dangerous animals, and LEO/Military duty.
Basically they want you to have a good backstop, be safe, and don't hurt anyone.

Back to my neighbors: They both live further than 100yds away from the area in which we've designated a shooting lane measured via google earth. My nearest neighbor built a fire pit, and detached garage that are nearly in the 100yd radius and basically those are on the property border.

Without drawing a map, we basically intersect like T with my property being the top line and theirs being the perpendicular vertical line.

The rest of the property around me is undeveloped farmland, and empty lots that aren't for sale and it is in the same town that I live in.

I've spoken to the law enforcement officers who are responsible for my house. They have no issue with me target shooting in the confines of the city ordinance.

Here's the kicker: yesterday about 2hrs after dark, I think I hear knocking downstairs so I answer the door and my friend county sheriff is there. I inform him that I am the homeowner, etc. and I step outside while my kids are inside, and close the door.

He informs me that my neighbors have complained about the gunfire noises, etc. Basically he said "they're sick of hearing it" and he informs me of the 500yd ordinance and that includes my home. The neighbor said that he owns guns and loves to shoot, but "I was scaring his dogs and wife" all this time.
I inform him that I live in the City of XXX and the ordinance is only 100yds for me. It was a basically friendly exchange, and we even talked about guns, etc. But I got the gist that it was a warning and if it happened again, he was going to charge me per the ordinance of the county.....

Here's the drama:
SO I promptly look up and verify everything I had told him and he told me was accurate, and I called my neighbor. I asked him why didn't he just call me and tell me to do it some other time, or give me some guidelines because we've been target shooting and sighting in hunting rifles here for YEARS. I told him that we always wait till everyone is inside, we don't shoot every weekend, we don't do rapid fire, never when anyone is walking their dogs, etc. And we've been shooting this way for YEARS. Why call or complain now, right before hunting season when there's going to be ALL KINDS of gunfire every weekend day (and sometimes night). He said it really bothers his wife. So I informed him that his fire pit on the property border sometimes bothers us, when he burns his yard trash and it blows over my dinner plate while we are eating on summertime nights, but instead of calling the fire marshall.....we just go inside. Needless to say, he understands now that in the future, that will no longer be the case.

BTW this neighbor likes to drink liquor every weekend, talk loudly and play the radio loud in his garage (garage door faces toward my house......10 ft from our property while house is more like 100ft away, it has a separate driveway) and I never expected him to ask permission to enjoy his own property. He also mows an empty lot next door that is congruent to our property lines to make his yard look bigger (keeps down the rabbits...is the story). he doesn't own but around 80ft of our shared property line but they damn sure spend more time on that 80ft line than anywhere else on their own land. I've heard him over there shooting what I imagine is a pistol from time to time. So...guess that is all out the window.

Anybody have a similar situation happen? If so, anyone know if the county overrides a city ordinance or vice versa?

And please don't give me a response to 'make peace' with this guy. AFAIK they're both retired, and want to move to the mountains. I certainly don't want to be the reason (with our great relationship) the door misses hitting him in the ass while he's hammering in his for sale sign. Up till now we've both tolerated our quirks/faults almost perfectly. Guess things done changed.

Here's some pics:

Street View
Image

Image

The big red rectangle is a lot that isn't for sale, and my neighbor neglected to buy it from the owner because the price is too high. The large rectangle is approximate lot lines for my property. The red arrow shows direction of fire towards 50 acre farm field.

Here's the big picture:
Image
 
#2 ·
I had a Cabarrus Co. deputy try to tell us that the county had a 1000 yd ordinance which I promptly told him was not so and he wanted to argue and tell me to look it up, which I already had. I politely called a friend that is in the sheriffs department and he told me what I already knew. Cabarrus Co. has an ordinance if you live in a residential or a business district. It comes down to the definition of how those districts are defined.

Sec. 46-2. - Use of firearms.
(a) It shall be unlawful for any person to use and discharge any firearm, BB gun, or air compression gun of any kind, nature, make, or description within a distance of 500 yards of any business or residential district in the county situated outside the corporate limits of any and all municipalities in the county.

(b) A business or residential district within the meaning of this section shall be that territory continuous to a street or highway where 75 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.

(c) Nothing in this section shall be construed so as to prohibit any person from discharging any firearm in protection of his person, family, guests, or property.

(d) Any person violating the provisions of this section shall, upon conviction thereof, be punished in accordance with section 1-7.
 
#3 · (Edited)
@beamernc So......#1 this isn't outside the corporate limits of a municipality. They're (neighbors) in Midland town limits (kinda weird, they self-annexed themselves to prevent Locust from annexing them lol) and I'm in Locust city limits. However, Midland doesn't have it's own police force, and utilizes the sheriff's department for it's LEO services. Meanwhile, Locust has it's own police force and have told me that I'm good to go. We've always had this weird dynamic where it's like having two different sets of rules for the same place.

As far as I know, this part of Cabarrus isn't a 'residential district' and is zone AO for agricultural or other use. It is listed as AG per the town of Midland. However, my part of Locust is considered residential, but it's covered by the blanket 100yds from houses/buildings you don't own.

I'm really not sure if I want to contact an attorney at this point, but I would imagine a good attorney could take my money and maybe do nothing or something.
Either way, I'm not done with someone imposing their will on me after not having the testicular fortitude just to make a phone call. I'm a reasonable and understanding neighbor: we've been thru some lawsuits as a neighborhood together versus a developer who tried to turn our road into an industrial park. That actually ended up getting the deeded covenants released and no restrictions on what type of homes or buildings could be built on the properties.

Anyhow, my wife tells me just to let it go lol. The neighbor lady is somewhat on the weird side, she doesn't like it when we drive up and down the road while she's walking her animals (she walks 2 dogs and 2 cats at dusk every day....DUSK.) and will sometimes act like we're going to run them over on purpose even though we give her a wide berth and drive less than 10mph at all times. Just a weird dynamic but up till now has been fairly friendly on our part.
 
#5 ·
Some people you just can't reach and there's only so much you can do. If they're moving out, then perhaps the best plan is to wait for them to leave.

In the meantime, you might plan your shooting around when they're not home...which might be more of a pain to try to figure out.

When you get new neighbors, first thing I'd do if I were you would be to introduce yourself, segue yourself into rural activities such as hunting/fishing and the like, eventually moving onto target shooting...and then hook them into coming over to do some target shooting. Getting the new neighbors involved would go a long way towards heading this kind of thing off in the future.
 
#6 ·
I am not an attorney, but I have it on good authority that the ordinances of an incorporated city or town would supersede county ordinances. My understanding is the sheriff's office has no jurisdiction in Locust, since the town has it's own police force. You should have referred the sheriff or deputy to the town police so they could discuss jurisdiction and the correct ordinance.
 
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#15 ·
Thanks guys for the insight. The suppressor is definitely on the list. I think I'm going to talk to an attorney and just see what my options are. I have prepaid legal services thru my work so its no big deal. But you guys have definitely helped me think that I was within my rights as a citizen of Locust vs my neighbor being in different town
 
#16 ·
The county does have jurisdiction, and usually has different ordinances than the city. And the Sheriffs deputy can charge you under those ordinances, regardless what the city ordinance says. I know its confusing, I work in Kannapolis, which has both Cabarrus and Rowan County, three sets of ordinances.
 
#19 ·
#23 ·
My town has it's own ordinance, and it's 300ft if target shooting, hunting, etc. from property that I don't own or have permission for. My shooting bench is exactly 300.97ft from the corner of his house according to google earth.
 
#21 ·
The county does have jurisdiction, and usually has different ordinances than the city. And the Sheriffs deputy can charge you under those ordinances, regardless what the city ordinance says. I know its confusing, I work in Kannapolis, which has both Cabarrus and Rowan County, three sets of ordinances.
This is correct, and I don't know how GIXXERMAN puts up with three different ordinances, except maybe it doesn't come up too often??? Normally a deputy WON'T charge you inside the city limits however, since that is what the municipal officer gets paid for. I work in Salisbury, so thankfully I only have the city ordinances and Rowan County ordinances to worry about.
 
#22 ·
The county does have jurisdiction, and usually has different ordinances than the city. And the Sheriffs deputy can charge you under those ordinances, regardless what the city ordinance says. I know its confusing, I work in Kannapolis, which has both Cabarrus and Rowan County, three sets of ordinances.
Not according to this official Cabarrus County firearms ordinance:
ec. 46-2. - Use of firearms.
(a)

It shall be unlawful for any person to use and discharge any firearm, BB gun, or air compression gun of any kind, nature, make, or description within a distance of 500 yards of any business or residential district in the county situated outside the corporate limits of any and all municipalities in the county. WE ARENT OUTSIDE THE CORPORATE LIMITS OF ANY TOWN/CITY. And my CITY has an ordinance which is 300ft. THOUGHTS?

(b)

A business or residential district within the meaning of this section shall be that territory continuous to a street or highway where 75 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes. NO WAY ITS RESIDENTIAL DISTRICT. MY NEIGHBOR's PROPERTY IS ZONED AGRICULTURAL AND I'M IN THE CITY WHICH HAS IT's OWN ORDINANCE

(c)

Nothing in this section shall be construed so as to prohibit any person from discharging any firearm in protection of his person, family, guests, or property.

(d)

Any person violating the provisions of this section shall, upon conviction thereof, be punished in accordance with section 1-7.
 
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#28 ·
Lol I am working on getting it cleared up. Calling both town halls tomorrow. Spoke to a friend with Locust PD that said that deputy is full of it and that it only applies in unincorporated residential areas where there are no city ordinance
 
#31 ·
Doubtful. Locust is very 2A friendly thanks to Chief Hartsell training all the BLET graduates from SCC. He has his own private range near his home in Stanfield, and teaches CHP classes. Also believes Obama is a Muslim socialist and promotes open carry.

BTW the ordinance in question is 500 YARDS aka 1500 feet nearly a quarter mile. We figure you need about 35 acres with the range in the middle to comply. It's ridiculous in any area surrounded by farms like where I am
 
#32 ·
I had a Cabarrus Co. deputy try to tell us that the county had a 1000 yd ordinance which I promptly told him was not so and he wanted to argue and tell me to look it up, which I already had. I politely called a friend that is in the sheriffs department and he told me what I already knew. Cabarrus Co. has an ordinance if you live in a residential or a business district. It comes down to the definition of how those districts are defined.

Sec. 46-2. - Use of firearms.
(a) It shall be unlawful for any person to use and discharge any firearm, BB gun, or air compression gun of any kind, nature, make, or description within a distance of 500 yards of any business or residential district in the county situated outside the corporate limits of any and all municipalities in the county.

(b) A business or residential district within the meaning of this section shall be that territory continuous to a street or highway where 75 percent or more of the frontage thereon for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business purposes.

(c) Nothing in this section shall be construed so as to prohibit any person from discharging any firearm in protection of his person, family, guests, or property.

(d) Any person violating the provisions of this section shall, upon conviction thereof, be punished in accordance with section 1-7.
Anderson County, SC has no such ordinance. As long as you shoot in a "safe" direction, you're good to go.
That, and you own every round that leaves your barrel.
 
#33 ·
Well folks, looks like I win, and the neighbor loses (if you want to keep score).

I spoke to the city manager of Locust, who proceeded to check the ordinance and tell me that I'm good to go as long as I'm more than 300ft away from the neighbor's dwelling.

I then spoke to a deputy at Cabarrus Sheriff's office who then consulted with his supervisor, and then informed me to follow the Locust city ordinance. He said if they get a call about it, they would
probably respond but that I'm also good to go.

I left the copies of the ordinance, a google map showing I'm 300.97 feet at the shooting bench from my neighbors back deck, and the NCGS that was referenced above with my neighbor.

I am actually debating on whether or not to call my neighbor again after leaving a message on Sunday stating that we could work together where he's gets peace and quiet 99% of the time.
Or just go unload a few 30 round mags out of the AR and then let the responding deputy tell them (kinda like I was notified on Friday night....).

I really don't care whether or not they decide to work with me or not since he took the coward's way out from the beginning but the Christian in me says golden rule in effect.
 
#34 ·
Well folks, looks like I win, and the neighbor loses (if you want to keep score).
I really don't care whether or not they decide to work with me or not since he took the coward's way out from the beginning but the Christian in me says golden rule in effect.
My initial inclination would be a middle of the two. I would be let the neighbor know that in response to his complaint that you followed up on the legality of the situation, determined that you're well within your rights to shoot on your property and will continue to do so. However, if they have a specific concern or situation you will be happy to try to address it.
 
#35 ·
That's good advice. I've gotten some really good advice on this. I've read threads like this before and going through it yourself is stressful but also just reinforced the idea that just because your neighbors don't complain for years there's always the one time they feel like imposing their will on you. I'm also still debating on whether to file a complaint the next time smoke ruins our dinner on the deck or over the pool.
 
#36 ·
About a year ago, we purchased some property that included a roughly 20 acre segment of lob-lolly pines that were allowed to grow naturally after being clear cut roughly a decade ago. The things grew up so thick that you couldn't walk through them, were choking themselves out, as well as presenting a fire and infestation risk. On the recommendation from the Forestry Service, I had (should have just finished or will finish shortly) a thinning done on the trees to roughly 200 trees per acre. I contracted with a local forestry company who in turn put together a large co-op of people who needed this work done and hired a group to do the work for a bulk rate. The group started on Thursday of last week and for some reason they didn't work on my plot on Friday. I'm told they're Seventh Day Adventists and don't work on Saturday but they did work on Sunday.

Yesterday, Sunday, the neighbor sent my wife a Farcebook "friend" request and suggested that my wife bring some of her wares down to the neighbor's store and consign them there. A few minutes after accepting this "friend" request, the neighbor posted on her business page a public complaint about the noise at the adjoining property and it being a Sunday, etc. They know how to contact us and never did directly, not that I have any say in when this sub contractor of a contractor decides to show up and work or not. It was a rather petty and juvenile thing to do and one that I think reflects poorly on this person and their business.
 
#43 ·
yep. I tried to make sure I never shot outside more than a few times a month, never for more than an hour at a time, and generally never when the neighbors were walking their dogs. However, I see that in hindsight I could've burned thru 30rd mags first thing in the morning, for hours at a time, and still only received the same response I got on Friday night.

I'm going to try one more time to call this jackass and let him know his right to sit and drink liquor on the property line while his wife walks the yap-yap Shelties at dusk doesn't trump my 2nd amendmen rights to teach my kids marksmenship so they can be effective hunters and defend themselves. I just have to figure out a diplomatic way to say it, probably to his answering machine/voicemail. Y'all pray for me ;)