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Target Shooting in a Township

2016/7/22 9:15:11


Question
My property is in a township in Ohio.  I have an embankment that is about 25
to 30 feet.  I want to shoot some guns I inherited from my father.  Can I
discharge a gun in the township for target shooting, using the embankment
as a back drop.  My property abuts the city limits of the neighboring city.  
And the nearest dwelling is probably 600 feet away.  Ohio Revised Code 2923
seems to permit it, but it is vague to me.

Answer
Hello Bruce.

The first and most important concern is safety. While the hill or embankment may appear to be safe at first glance, you need to consider a lot of other variables before deciding to shoot in that direction:

- does the land contain any logs, rocks, pipes, gas lines, water lines, electric lines, hard clay, poles, fences, gates, trash, or other materials that might be damaged by shooting or that might cause projectiles to ricochet in a dangerous direction?

- location of neighboring homes, buildings, and other populated structures: how far away are they and what is between your land and each of these structures?

- are there any animals in the area which could be endangered?

- is your land fenced or protected in a way that would prevent trespassing?

- do you have "no trespassing" or danger/warning signs posted to alert neighbors and potential trespassers of the shooting activity?

- is the embankment really adequate to safely stop all of the projectiles you plan to shoot?

- how far will the noise carry and will it be loud enough to disturb anyone else in the community?

- could the presence of lead projectiles in the soil possibly contaminate any nearby water supplies such as wells, ponds, drainage ditches, and sewer lines?

- would you need to disclose the presence of lead projectiles on the property if you attempt to sell the property in the future?

There are many other factors to consider as well, which is why the construction of a safe shooting range often involves numerous engineers and a tremendous amount of planning. Assuming that you have evaluated all of the relevant factors and that your location is physically safe for shooting then you still have the legal hurdles to worry about. There are at least 4 and possibly 5 types of laws which you need to consider:

1 federal
2 state
3 county
4 city / local
5 community / subdivision

I am not a lawyer, I don't know your exact location, and I am not familiar with all of the laws relating to this particular subject so I can't give you a complete answer but I will give you some tips to consider based on my own personal experience:

- If your land is not part of a subdivision and there were no community covenants or restrictions signed as part of your real estate closing transaction then you shouldn't have to worry about #5.

- If your land is located outside of the boundaries of a city, municipality, township, or other incorporated area then #4 probably doesn't apply either.

- You can't escape numbers 2 and 3 no matter where you live so check with your state and county government offices for any relevant laws or ordinances. A few quick calls to your state police and county sheriff offices should help to determine if there are any relevant laws that would prevent you from shooting on your land. If they tell you that it is fully legal then I would record their names, badge numbers, date and time of calls, etc. to prevent future problems. If you are really concerned then write them letters and ask for a written response or consider recording the phone calls. This is probably an extreme measure but it could save you from a lot of grief, fines, or legal trouble down the road.

- #1 should be pretty easy to deal with as long as you are not located near a school, protected wildlife area, state or national park, or other federally protected land. Be aware, however, that there are federal laws regarding the safe disposal of harmful substances including lead so you might run into possible conflicts here depending on what you shoot, how often you shoot, and if you have a mechanism to remove the lead from the land.

I can't possibly offer an opinion without seeing your land in person and checking out all of the factors noted above. If you have any doubts or if you are unwilling / unable to do the research then it is best not to shoot at all. Alternatives would include: visiting a local gun range, constructing a safe indoor range with a bullet trap that will allow you to remove the lead periodically, and consulting with a lawyer and/or qualified engineers in your area.

Based solely on the general description that you provided, I would not advise shooting on your land. You appear to be in a township and very close to a city. The area is likely to have a high population density which increases the risk of people wandering into the danger zone, and even if shooting is legal for your property then there are likely to be various noise and public disturbance ordinances in place which could still land you in trouble with the law.

I hope this information helps. Good luck, shoot straight, and stay safe!

Bob
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