Legal eagle airgunners

Jump to latest Follow Reply
Larry1956

Larry1956

Member
Oct 4, 2020
195
105
67
Urbana, Ohio, United States
This is an ordinance from my town. It is not backed by the state's revised code. Also, I believe it conflicts with 2nd Ammendment as well. But from an airgunner perspective. does it prohibit me from shooting at targets in my own back yard.? If the pellet originates on my private property and confined to my private property during flight and stops on my private.

549.02 THROWING OR SHOOTING MISSILES.
(a) No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical
harm to persons or property, in or on property, in or on any public place, in or on the property of another, or from any private property
into or onto any public place or the property of another, unless given specific permission by the Director of Administration in regards to
the Deer Population Control Plan, developed by the City of Urbana, and approved by the Ohio Department of Natural Resources,
Division of Wildlife. This section does not apply to supervised archery ranges or instruction nor when otherwise lawfully authorized.
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 4179. Passed 1-20-04.)
 
I'm not a lawyer not do I play one on TV but it sounds like this is ordinance is in relation to control of the deer population. I would get in touch with a lawyer and get clear definition as to regards to discharging an air gun on your own property. Probably the best $ you can spend. In the event of a citation you will have legal council ready and at your disposal. I'm guessing this is a home owners association type ordinance. Usually these are fight able in court, but please be careful as I have known people who basically were forced to move out of their house and they didn't "abide" by the rules.
 
Upvote 0
Ahhh, you are correct. I was a month behind in my quotation.

I may have referenced the council minutes where they were discussing the repeal, sorry for the misinformation.



Section 4 is probably where all the other missing sections went. There appears to be no rhyme or reason to their numbering method.



By the way, carrying a knife on you while in the cemetery is an offense in Urbana. I would like to know what occurrence brought that ordinance about.
 
Upvote 0
The City of Urbana is fast becoming a mini-nanny state. I once asked an official for the exact copy of the Urbana City Ordnance that their prosecutor and "judges" use to put someone in jail and deny them of their god given constitutional rights and the reply was "their copyrighted and you can't have them". So again, anyone out there who can find this Ordnance 4515.19 that repealed the previously unconstitutional 549.01please help. I looked in the the Ohio Revised Code and doesn't exist there either. Guess I'll just have to pay a lawyer to research this.
 
Upvote 0
Ask at the Police station who will be coming. An attorney "opinion" is just that unless challenged and proven by the Courts to be correct.. Something similar in Deer Park, WA. Private property okay IF stay's on your property ONLY. I put the backstop against our house and shot towards it. This was after reading the code and talking to the Local PD. Yes someone complained and they showed up but they knew I has been in asking so came in nicely and even seemed to really enjoy shooting each airgun (had to offer to let them "make certain" their were no firearms. Never any issue they after.

Regs/codes/laws oh my TOO many of those little buggers.

I really wouldn't know what this thing is but:

https://www.urbanaohio.com/uploads/1/2/4/6/124631710/approved_council_minutes_11-19-19.pdf



John


 
Upvote 0
This is an ordinance from my town. It is not backed by the state's revised code. Also, I believe it conflicts with 2nd Ammendment as well. But from an airgunner perspective. does it prohibit me from shooting at targets in my own back yard.? If the pellet originates on my private property and confined to my private property during flight and stops on my private.

549.02 THROWING OR SHOOTING MISSILES.
(a) No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical
harm to persons or property, in or on property, in or on any public place, in or on the property of another, or from any private property
into or onto any public place or the property of another, unless given specific permission by the Director of Administration in regards to
the Deer Population Control Plan, developed by the City of Urbana, and approved by the Ohio Department of Natural Resources,
Division of Wildlife.
Click to expand...

Sounds like it's illegal to propel a projectile full stop. The bolded phrase tells me it doesn't matter if it's on your property or not (just property).

Granted it probably isn't a great idea to take legal advice from unvetted strangers over the internet haha
 
Upvote 0
Disclaimer I'm No Lawyer, go get a real lawyer licensed by the Ohio Bar if you want a real legal opinion.

OK this is my third try posting this analysis of the ordinance. I'm not sure it says you can't shoot on your own property. It all depends on what one phrase in the ordinance means 

549.02

  • No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property,
    • So, you can't propel a missile, but the restrictions on the ordinance follow -
  • in or on property,
    • ​​​​​​​This is the phrase I don't understand. What does In or On property mean? If it means your property, then you are correct you can't shoot in your yard.
  • in or on any public place,
    • ​​​​​​​Nope, can't shoot in a park or sidewalk, or roadway, etc.
  • in or on the property of another,
    • ​​​​​​​You can't shoot on neighbor's property. Guess they don't want kids with slingshots settling arguments and breaking windows.
  • or from any private property into or onto any public place or the property of another,
    • ​​​​​​​You can't shoot from your property to adjacent land, period. This is confusing to me because if it's not legal to shoot on your own property, this phrase is redundant, and isn't needed.
  • unless given specific permission by the Director of Administration in regards to the Deer Population Control Plan, developed by the City of Urbana, and approved by the Ohio Department of Natural Resources, Division of Wildlife.
    • ​​​​​​​So, why does the head nut over deer population for the city get to give a waiver? That's really confusing to me. Of course, we don't deal with many deer in town.

So, unless that phrase "in or on property," means your property, I don't see where you can't shoot, use a slingshot, or even a rubber tipped bow and arrow on your own property.

Utica and other municipalities have similar wording, but they lack the phrase, "in or on property," so I have no clue there.

Might want to meet with a member of the city council and get clarification, though they probably don't know what is meant either.
 
Upvote 0
Dont blame the politicians. They only do things they think will help them, and when the nazis from the HOAs, the “nervous nellies” and the sdoccer moms that dont know the difference between a red ryder and a howizter are the real problem. Whne those folks run to the local/state leaders and demand yet another law to protect them, the pols see votes.

have the same thing happening in Montana as suburbs expand into previously rural areas..... Funny part is now those same folks screaming about “snipers with evil black rifles” are the same one demanding Fish and Game do something about the deer eating their ornamentals... :)
 
Upvote 0
Larry,

I spent almost 30 years as a Copper at the state and federal levels and have read enough legal-lawyer-like drivel to make your eyes water, so I like to think I'm halfway decent at interpreting this stuff.

My official (ahem) opinion on this ordinance is that one cannot shoot, throw, propel, launch, etc., from any property, other than your own, INTO/ONTO public or private property, here, private property meaning property other than your own. The intent of of all this being to prohibit shooting, throwing, etc., from property "A" to property "B". I see nothing that prevents you, IN THIS ORDINANCE, from shooting on your own property, provided the projectile starts its journey on your property, and ends its journey on your property, and doesn't travel over anything that isn't. And I believe that was the intent of those who drafted the ordinance.

If anybody interprets this ordinance to mean you can't shoot on your own property, substitute "throw" and "stone" for "shoot and "pellet". Is Little Tommy the 12 year old commiting a fourth degree misdemeanor for throwing stones into a trash can in his back yard? I think not...

Save your money on an attorney, as their opinion will only matter when your standing tall in front of a judge, and just take a copy of the ordinance down to the local Cop-Shop and ask to speak to the watch commander. Explain your interpretation, and ask for his. If he agrees, document his name, date and time, and go plink. If he disagrees, take it to the district attorney's office for their take on the ordinance. If they agree, name, date and time. If they disagree, then you're SOL. But at least the opinions were free...

If the Po-Po wanna come check things out for safety concerns, I'd let them. Most cops love things that go "bang"...or "pfffft", as it were...and would probably get a kick outta checking-out and shooting a bad-ass pellet gun. But just make sure your backstop is capable of stopping a Howitzer round. Make it glaringly obvious that it's more than adequate, to be on the safe side. 

And if you have a cocaine processing plant next to your backstop, you might wanna take that down prior to the cops arrival...

Justin
 
Upvote 0
No person shall throw, shoot or propel an arrow, missile, pellet, stone, metal or other similar substance capable of causing physical harm to persons or property,

Well I guess that baseball, basketball, football, darts, hockey, soccer, tennis and any other sport that involves throwing or kicking an object is out. I have known many people injured by the ball in most any sport using one. And most if not all can cause property damage (aka: windows).
 
Upvote 0
I would like to know why we as free Americans put up with this crap to begin with!!! We the people!!! Where is our say in these said ordinances? We voted these jackasses in to office only to have them trample on our rights and tell us what we can and can't do on our own property!!! Some serious BS!!!

James from Michigan
Click to expand...


If you pay tax on it you do not own it 🤔
 
Upvote 0
You must log in or register to reply here.
Top Bottom
Back
Home
Forums
Resources
Menu