Legality of Backyard Pellet Gun Practice? (Read 3196 times)

robtmc

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Legality of Backyard Pellet Gun Practice?
« on: September 05, 2012, 08:59:57 AM »
Searched for it with no luck.  What are the Hawaii state laws about using a pellet gun in your own backyard (with proper backstop of course) for informal target practice?  Hopefully this does not fall under discharging a firearm within city limits.

No pest hunting unless a rat happens by, just keeping skills up on the cheap with a CO2 pistol.  Would do all I can to avoid neighbors seeing the goings on and having a panic attack.

Bigkahuna808

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #1 on: September 05, 2012, 10:00:18 AM »
I used to shoot in my back yard all the time.  As long as its safe and not in general view of the public.  You dony want to alarm your neighbours by shooting in the yard where they can openly see you

Heavies

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #2 on: September 05, 2012, 01:58:41 PM »
In my neighborhood NP, in other neighborhoods....  ???

Legal wise IDK.  sorry, not much help.

eyeeatingfish

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #3 on: September 05, 2012, 04:38:24 PM »
There is no law prohibiting it but if one were to do it in such a way that were either a danger to others or actually hurt another you could be face reckless endangering charges. You would need to make sure you have a safe backdrop, and any minors under a reasonable age were supervised and any other dangers mitigated.

Mr. Farknocker

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #4 on: September 05, 2012, 05:32:59 PM »
There are ordinances for the C&C of Honolulu regarding replica guns that you may wish to consider:



This comes from Chapter 40, Article 23 of the Revised Ordinances of Honolulu (ROH):

Article 23. Replica Guns
Sections:
40-23.1 Definitions.
40-23.2 Prohibitions.
40-23.3 Violation—Penalty.
Sec. 40-23.1 Definitions.

“Firearm” shall mean the same as it is defined in HRS Section 134-1.

“Law enforcement officer” shall mean any public servant, whether employed by the state, the city or the United
States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws,
whether that duty extends to all offenses or is limited to a specific class of offenses.

“Replica gun” shall mean any toy or other object which bears such a resemblance to an actual firearm that a
reasonable person would have difficulty visually distinguishing it from an actual firearm, and which lacks any feature or
aspect which would serve as a signal to allow a person to readily distinguish the replica gun from an actual firearm by sight.
The term shall not include an actual firearm.

(Added by Ord. 03-24)
Sec. 40-23.2 Prohibitions.
(a) No person shall carry or display a replica gun on any street, alley, public road, or on any public lands unless such
replica gun is in a suitable case or securely wrapped.

(b) No person shall draw or brandish a replica gun in the presence of a law enforcement officer engaged in the
performance of his or her duties.

(c) Nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS
Chapter 183D from engaging in hunting in accordance with law.

(d) In the event a replica gun is also an “air gun,” as defined in Section 41-8.1, the exceptions in Section 41-8.4 shall
also be exceptions to the prohibitions in this article.

(e) Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history
presentation or other activity for historical interpretation or educational purposes, or by a person participating in a
parade if such activity or parade participant is associated with an established historical organization, museum,
military preservation organization, or other group with a mission to educate the public at various events through the
use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.

(Added by Ord. 03-24; Am. Ord. 03-35)
Sec. 40-23.3 Violation—Penalty.

Any person violating the provisions of Section 40-23.2(a) shall be deemed guilty of a petty misdemeanor and upon
conviction shall be punished by a fine not exceeding $500, or by imprisonment not exceeding 30 days.
Any person violating the provisions of Section 40-23.2(b) shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year.
(Added by Ord. 03-24)

Mr. Farknocker

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #5 on: September 05, 2012, 05:38:09 PM »
This comes from Chapter 41, Article 8 of the ROH:

Article 8. Air Guns
Sections:
41-8.1 Definitions.
41-8.2 Restrictions on sale, rental, gift or other transfer.
41-8.3 Restrictions on use.
41-8.4 Exceptions.
41-8.5 Seizure, forfeiture and disposal.
41-8.6 Violation--Penalty.

Sec. 41-8.1 Definitions.

"Air gun" means any gun, rifle or pistol, by whatever name known, which is designed to expel a pellet or BB shot by the
action of compressed air or gas, or by the action of a spring or elastic but does not include any firearm.

"Dealer" means any person engaged in the business of selling or renting air guns. (Sec. 13-19.1, R.O. 1978 (1983 Ed.))

Sec. 41-8.2 Restrictions on sale, rental, gift or other transfer.

(a) It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of 18 years
where the dealer knows or has reasonable cause to believe the person to be under 18 years of age or where the dealer has
failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.

(b) It is unlawful for any person to sell, lend, rent, give or otherwise transfer any air gun to any person under 18 years of age,
except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such
person and the person under 18 years of age.
(Sec. 13-19.2, R.O. 1978 (1983 Ed.))

Sec. 41-8.3 Restrictions on use.

(a) It is unlawful for any person to carry or display an air gun on any street, alley, public road or on any public land, unless the
air gun is unloaded and in a suitable case or securely wrapped.

(b) It is unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land, or any public
place except on a properly constructed target range.

(c) It is unlawful for any person to discharge any air gun on any private parcel of land or residence in such a manner that the
pellet or BB shot may reasonably be expected to traverse any ground or space outside the limits of such parcel of land or
residence or in such a manner that persons or property may be endangered; provided, that nothing in this article shall be
deemed to prevent any person who has obtained a hunting license pursuant to HRS Chapter 183D from engaging in
hunting in accordance with law.

(d) It is unlawful for any person to discharge any air gun in such a manner or under such circumstances that persons or
property may be endangered.

(Sec. 13-19.3, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23)

Sec. 41-8.4 Exceptions.

(a) Kept within such person's domicile.

(b) Used by a person under 18 years of age, who is a duly enrolled member of any club, team or society organized for
education or training purposes and maintaining as a part of its facilities or having written permission to use an indoor or
outdoor target range, when the air gun is used at such target range under the supervision, guidance and instruction of a
responsible adult.

(c) Used by a person 18 years of age or older at a properly constructed target range.

(d) Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or
operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot
from traversing any grounds or space outside the limits of such parcel of land or residence.

(e) Used in hunting or going to or from the place of hunting in accordance with law by a person who has obtained a hunting
license pursuant to HRS Chapter 183D or who, if such person is under 18 years of age, has obtained such a hunting license
and is accompanied by an adult who has obtained such hunting license.

(f) Used by a person involved in a living history presentation or other activity for historical interpretation or educational
purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical
organization, museum, military preservation organization, or other group with a mission to educate the public at various events
through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(Sec. 13-19.4, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23, 03-35)

Sec. 41-8.5 Seizure, forfeiture and disposal.

Any police officer who arrests any person for possessing, using, lending, renting, giving or transferring an air gun in
violation of any provisions of this article shall take custody of such air gun. Upon conviction of such person the air gun so seized shall
be forfeited to the city. Any air gun so forfeited shall remain in the custody of the police department for one year and thereafter
destroyed; provided, that such air gun shall be retained for subsequent proceedings, both civil or criminal, and until any such action is
concluded, if any person desiring the use of such forfeited air gun as evidence files with the chief of police a written notice of an
intention to so use the air gun before the destruction date herein provided. (Sec. 13-19.5, R.O. 1978 (1983 Ed.))

Sec. 41-8.6 Violation--Penalty.

Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500.00 or
imprisonment for a period not exceeding one year, or both. (Sec. 13-19.6, R.O. 1978 (1983 Ed.))

robtmc

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #6 on: September 06, 2012, 07:34:22 AM »
I escaped Honolulu two years ago, but would suspect state laws are similar for the BI.  Sounds like it is all good as long as you have a backstop and all pellets stay on your property. 

No sniping across the street at targets of opportunity for sure.  Thanks for the research.

2asupport

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #7 on: September 09, 2012, 10:32:34 PM »
Keep a shetie airsoft nearby.

eyeeatingfish

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #8 on: September 10, 2012, 04:46:48 PM »
I forgot to mention you would have to limit shooting to a reasonable hour as to not violate noise standards.
There is no law specifically regarding the use of pellet guns, airsoft guns, or paintball guns on private property.  Of course any action done recklessly which places someone in danger could violate certain laws including reckless endangering.
So short answer is that yes you can legally shoot pellet guns in your backyard as long as it is done in a safe manner.
I wouldn't arrest anyone for it.

42itus

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #9 on: September 10, 2012, 09:23:21 PM »
^^^ are you a LEO?

eyeeatingfish

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #10 on: September 11, 2012, 08:42:32 PM »

Heavies

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #11 on: September 12, 2012, 08:55:08 AM »
What about backyard Calibri practice?

Inspector

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #12 on: September 12, 2012, 02:07:33 PM »
It's going to be a few years for me before I move back to the BI. But I am thinking about shooting (Pellet) on my land. What would one use for creating a good background? Hay bails behind a trap good enough? Or should I invest in a couple loads of soil?
"The best we can hope for concerning the people at large is that they be properly armed." – Alexander Hamilton

robtmc

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #13 on: September 12, 2012, 02:48:33 PM »
Being on the slope of Hualalei, I got lots of lava scattered around for backstop, and I used an old packing mat folded up inside a box as a pellet trap.  Lava is there so no question about errant rounds, but I would have to really mess up to miss the box.  Several directions are open slope down to other houses, so no shoot that way.

Would really like to mute the loud pop of the CO2 pistol, but am in doubt if suppressors are legal on air guns.

GZire

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Re: Legality of Backyard Pellet Gun Practice?
« Reply #14 on: September 12, 2012, 05:24:41 PM »
Being on the slope of Hualalei, I got lots of lava scattered around for backstop, and I used an old packing mat folded up inside a box as a pellet trap.  Lava is there so no question about errant rounds, but I would have to really mess up to miss the box.  Several directions are open slope down to other houses, so no shoot that way.

Would really like to mute the loud pop of the CO2 pistol, but am in doubt if suppressors are legal on air guns.

They better be because I'm quite sure there are a ton of airsoft guys with stuff for their gas pistols/rifles.