Firing Gun On Private Property (Read 22484 times)

nsainfreek

Re: Firing Gun On Private Property
« Reply #20 on: April 21, 2015, 01:09:40 PM »
Lol, I heard about that graveyard thing. I have a SIRT pistol and AR Bolt. Also bought the LASR program at the last Gun Show. Just looking for some live training. I tried airsoft but I got tired of cranking and loading the gun after every shot.

Surf

Re: Firing Gun On Private Property
« Reply #21 on: April 21, 2015, 08:37:42 PM »
Be wary of those offering advice on the internet, myself included.  I am not a lawyer and anything that follows is not legal advice, just pure speculation.  I have no insight to these matters and take all information as such.

Just note that the Reckless 2nd subsection (b) states OR, "Intentionally discharges a firearm in a populated area, in a residential area".  It does NOT state AND.  So it is up to the powers that be if they conclude what defines a populated area, but more so for Oahu, what is a residential area?  Could they or do they easily just go off of Land use ordinance and abide by the definition of residential zoning as a guideline?  Could they just as likely conclude that AG land is populated?  If so, could they perhaps more easily conclude that a residential area is defined by zoning and is that actually the de facto definition"?  Again I am not going to give advice but there are suggestions on this in regards to residential or AG zoning.  Do you trust your potential legal future to what anyone says here otherwise?   

Note
- there are legit private ranges on AG zoned land.
- there is hunting allowed by DLNR on private AG land.
- there are regulations for shooting ranges in regards to zoning and there is a certain zoning that is a generally followed as a minimum guideline on this island.  I don't want to say much more than that here.
- there is a difference between "shooting gallery" and "shooting range" and regulations. 
- Private ranges on this island have suffered due to zoning.  Others have been successful due to zoning.
- Does zoning matter?  It would be unwise to think it does not, but also just as unwise to think it keeps you safe. 
« Last Edit: April 21, 2015, 08:45:15 PM by Surf »

dogman

Re: Firing Gun On Private Property
« Reply #22 on: April 21, 2015, 09:46:43 PM »
When I called 911 police and asked them if I could shoot a pig on my property (residential area), she said "I don't know" and gave me the number of the Kalihi substation. I called them and asked the same question and the guy said "yeah, I guess so". I said "okay, thank you" and hung up. I never took a shot so I don't know what would have happened if the neighbors called the police.

mauidog

Re: Firing Gun On Private Property
« Reply #23 on: April 21, 2015, 10:01:52 PM »
When I called 911 police and asked them if I could shoot a pig on my property (residential area), she said "I don't know" and gave me the number of the Kalihi substation. I called them and asked the same question and the guy said "yeah, I guess so". I said "okay, thank you" and hung up. I never took a shot so I don't know what would have happened if the neighbors called the police.

I think you can always claim self defense against the pig ...  just plant a machete next to it for when police show up!

 :rofl:
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

Aiea78

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Re: Firing Gun On Private Property
« Reply #24 on: April 21, 2015, 10:47:45 PM »
Lol, I heard about that graveyard thing. I have a SIRT pistol and AR Bolt. Also bought the LASR program at the last Gun Show. Just looking for some live training. I tried airsoft but I got tired of cranking and loading the gun after every shot.

fun stuff eh?  pow (dink) pow (clank) pow (clink) pew pew pew pew pew tink clank clink tank clank!  I like that you can draw target zones around almost anything except the tv  :)
haven't tried the bolt & trigger bar thing yet.
Assault Rifle? What I have here is an Anti-Assault Rifle.
Proud Member 2016 2a Day Dozen open holster carry crew yo

asinapple8805

Re: Firing Gun On Private Property
« Reply #25 on: April 22, 2015, 06:23:01 PM »
Be wary of those offering advice on the internet, myself included.  I am not a lawyer and anything that follows is not legal advice, just pure speculation.  I have no insight to these matters and take all information as such.

Just note that the Reckless 2nd subsection (b) states OR, "Intentionally discharges a firearm in a populated area, in a residential area".  It does NOT state AND

In general, Logic and Statutory Interpretation dictates that the word "or" should be treated as both a conjunctive and disjunctive, unless doing so would give the statute an absurd meaning.  Using the word "or" means that (a) is sufficient, (b) is sufficient, and both (a) and (b) are sufficient.

Simply put, most cases of the use of the word "or" also implies an "and" for statutory purposes.