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Old 01-24-2006, 09:35 AM
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Default Help With Hunting Laws!

A little help please,
I live in the county just outside the city limits in a subdivision. The lots are apx 1 to 1.25 acres. Behind me is a beaver swamp that is apx 200' wide and apx. 1000yards long. My back yards looks across the width. There is another subdivision across the swamp and is about 200 yards away from my home.
My neighbor is going through a seperation and there is currently no one living in their house. They have given permission to some of their friends to duck hunt behind their house using their property as access to the swamp. There is shooting(duck hunting) going on within 100 yards of my home, though not on my property.

I realize duck season is about to go out, but is there any laws on the books restricting how close you can hunt to a residence without the owner's permission or is it strictly a matter of the landowner's permission?
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Old 01-24-2006, 09:53 AM
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I think it varies by county, but I am not sure.
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Old 01-24-2006, 09:54 AM
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Default I thought..

it was 300yrds?

I may have made that up but that seems to stick in my mind for some reason.
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Old 01-24-2006, 10:01 AM
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Quote:
Originally Posted by Palmetto
it was 300yrds?

I may have made that up but that seems to stick in my mind for some reason.

I had thought it was 1000' which is close to 300 yards, but I can not find it in any searches I have done.
If they guys are legal, I don't want to start anything, but it is unnerving to my wife and daughter to hear shooting that close.
The sheriff's office said as long as they were not recklessly shoot there was nothing they could do, but they had no jurisdiction over hunting laws and didn't really know them.
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Old 01-24-2006, 11:10 AM
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It would rely on whether there was a county ordinance. It would fall under the jurisdiction of the sheriff's office. There is no game and fish law that covers this.

In a subdivision, your neighbor probably does not own the beaver pond any more than you do and may not have the right to allow hunting there. Often these wetland areas are owned by the developer or some other entity.
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Old 01-24-2006, 01:20 PM
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This is a good page, and at the bottom it says 200 yards...better get you a yardage wheel..

http://www.gfodl.org/law.php
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Old 01-24-2006, 01:25 PM
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I would contact my local WRD Ranger and see if he would give you an answer.
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Old 01-24-2006, 01:30 PM
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Quote:
Originally Posted by Jeff Young
I would contact my local WRD Ranger and see if he would give you an answer.
That's what I would do.
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Old 01-24-2006, 03:04 PM
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Default Law?

I am aware of and can find the statute to support the assertion on the gfodl web page regarding proscribed distance from a public highway or street, but for the life of me, I can't find any statute which proscribes discharge of a firearm within 200 yards of a building. Maybe I'm a dum-dum (okay, it's set up on tee, somebody step up and drive it ), so if anyone can find a State statute (not a local ordinance) to back up the website, I'll be interested in seeing it.

The one I am familiar with is:

16-11-103. Discharge of firearms on or near public highway

A person is guilty of a misdemeanor when, without legal justification, he discharges a gun or pistol on or within 50 yards of a public highway or street.
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Old 01-24-2006, 03:18 PM
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Horace, the primary reason I was suggesting the local ranger was in hopes of him/her being familiar with the local ordinances in the county in which they patroled.
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Old 01-24-2006, 03:29 PM
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Default The web page

Jeff,

I was making reference to the web page that's linked in another post ... it asserts the 200 yard buffer is State law ... that's really what prompted my post.
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  #12  
Old 01-24-2006, 03:35 PM
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Please don't get me wrong! Your participation was most welcomed.

As a matter of fact, even I learn something new from you from time to time!
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Old 01-24-2006, 03:43 PM
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If you live in a subdivision, do you have a home owners association? If you do not, there are probably some restrictive covenants set forth by the builder/ developer. If you don't have them, they should be on file at the courthouse. The land may still belong to the developer for tax reasons, and you may be able to look on tax records/ maps for that info.
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Old 01-24-2006, 03:47 PM
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Quote:
Originally Posted by Horace Rumpole
Jeff,

I was making reference to the web page that's linked in another post ... it asserts the 200 yard buffer is State law ... that's really what prompted my post.
I think the first paragraph sort of dispells the idea that their interpretations should be taken as "law"..

This is a "layman's" version of the firearm laws of Georgia. The information contained herein this document SHOULD NOT and CANNOT be construed as legal advice or as an alternate version of the current law. It is your own personal responsibility to know the law! The author of this document Cannot and Will not be responsible for its use in place of the actual law as legal advice. In short, Use at your own risk!


Copyright 2004 - 2006 by Georgia Firearm Owners Defense League. All rights reserved.

but they do ref 16-11-102 and 16-11-106 (are these laws or ordinances?)...maybe if can find a copy of those, you can post them and we can all interpret?
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Old 01-24-2006, 03:58 PM
Horace Rumpole Horace Rumpole is offline
 
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Default Statutes

Mr. Jenkins,

Notice in my posts that I was not critical of anyone, nor did I attribute any sort of specious behavior to anyone ... I simply pointed out that I can't find any statute establishing the distance from buildings to which the web page refers and invited other, more enlightened, posters to correct me.

As far as the statutes referenced, I looked at them prior to making my post, but here they are:


OCGA 16-11-102. Pointing gun or pistol at another

A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.


Laws 1880-81, p. 151, 1; Laws 1968, p. 1249, 1.

Formerly Code 1882, 4528a; Penal Code 1895, 343; Penal Code 1910, 349; Code 1933, 26-5107; Code 1933, 26-2908.


OCGA 16-11-106. Possession of firearm or knife during commission of, or attempt to commit, certain crimes

(a) For the purposes of this Code section, the term "firearm" shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.


(b) Any person who shall have on or within arm's reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:


(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30, any counterfeit substance as defined in Code Section 16-13-21, or any noncontrolled substance as provided in Code Section 16-13-30.1; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.


(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.


(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5.


(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.


Laws 1968, p. 982, 1, 2; Laws 1974, p. 385, 1; Laws 1976, p. 1591, 1, 2; Laws 1985, p. 425, 1; Laws 1986, p. 1205, 1; Laws 1987, p. 624, 1; Laws 2000, p. 1618, 1; Laws 2001, p. 4, 16.


As you can read, these statutes are completely inapposite. I suspect the web page is the result of someone mistaking a county ordinance for State law.
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  #16  
Old 01-24-2006, 04:00 PM
Horace Rumpole Horace Rumpole is offline
 
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Default Learning?

Jeffrey, my man, you could learn LOTS from me, if I could just convince you to pay more avid attention!
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  #17  
Old 01-24-2006, 04:09 PM
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I promise to try to do better.
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  #18  
Old 01-24-2006, 04:38 PM
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I sure hope the Local game warden can help this guy out..otherwise were gonna have to get the lawyers involved....

No criticism taken Mr Rumpole, I just didn't want ANYONE to mis interpret the purpose of the web page I had refrenced...
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Old 01-24-2006, 05:56 PM
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I followed that link (thanks for posting it) and found this to be downright scary:
Loaded Firearms, A Firearm is considered loaded if there are rounds in the chamber, cylinder, and/or magazine of the firearm OR if a person is carrying a unloaded firearm and the person is in possession of ammunition that is in close proximity of the firearm; Which means if you are carrying a unloaded gun, it is still considered loaded if you have the bullets in your pocket or anywhere else on your body while you are still carrying the gun. (16-11-132)
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Old 01-24-2006, 06:44 PM
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why is that scary.
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  #21  
Old 01-25-2006, 12:05 AM
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Exclamation Bottom of link page....

Quote:
Originally Posted by FX Jenkins
This is a good page, and at the bottom it says 200 yards...better get you a yardage wheel..

http://www.gfodl.org/law.php
Here's the part that refers to the 200 yards from a building:

Quote:
Miscellaneous:
Here are some various other laws that pertain to firearms. It is unlawful to discharge a firearm within 50 yards of a public road, unless in defense of life, health, and property. It is unlawful to discharge a firearm within 200 yards of a building unless with the owner's written permission or in defense of life, health, and property. It is unlawful to discharge a firearm on some else's land without permission of the landowner. It is unlawful to point a firearm, loaded or not, at another person not necessary in defense of life, health, and property. It is unlawful to discharge a firearm in the direction of another person not necessary in defense of life, health, and property. It is unlawful to shoot a firearm on Sunday; this does not apply to anyone; that is engaged in legal target practice at an approved range or on one's own land, in defense of life, health, and property, any person who is engaged in lawful hunting, any law enforcement officer in performance of official duties. (16-11-102 - 16-11-106)
Here is the link to the actual Georgia Code:

http://www.legis.state.ga.us/cgi-bin...code=16-11-129

(Click on the title code number you want to read.)

ADDED INFO:

I just read over ALL of the Title 16-11-xxx codes and found the following:

1. I could find NOWHERE in the Title 16-11-xxx codes any reference to the 200 yard distance, but this may be 'interpreted' from the fact that many local county/city ordinaces have a similar reference to 100-200 yard distances.

2. ALL WHO OWN FIREARMS should be familiar with Title 16-11-100 and higher ordinance wordings.

3. ALL WHO HUNT need to pay particular attention to Title 16-11-108 thru 110.

4. Title 16-11-120's thru 130's refer to the GA Firearms and Weapons Act.
(Those with teenage children may want to pay particular attention to those that refer to minors under 18 having weapons, to include knives, in their possession.)

5. Title 16-11-125 basically says "Guilty until you prove yourself innocent."

6. Title 16-11-131 concerns "felony" convictions and their subsequent penalities and limitations regarding possession of firearms and weapons.

NOTE:

I would put the above link in your Bookmarks or Favorites for reference if you are ever cited for any GA Code violation in the future.... a lot of info there.

Last edited by Slug-Gunner; 01-25-2006 at 01:49 AM.
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  #22  
Old 01-25-2006, 07:30 AM
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Default I was ....

under the assumption [we all know how assumption is the lowest form of knowlege!] that "within 50 yards of a structure/building" could and would be enforced IF a "complaint" was made to the firing of a firearm. And nowadays,,a firearm is anything capable of throwing a projectile. So,,if anyone complains about the shooting,,and the shooting is within 150 feet of their building/house/structure,,,,,,,the lawmen can and will enforce the complaint [stop the shooting].
I am an avid hunter,,but your situation sounds like one that would make me VERY uncomfortable....shotguns that close to homes is a no-no. Especially with the larger shot used for ducks [carries even farther].

Alan in GA.
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Old 01-26-2006, 06:06 AM
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Allow me to add to the confusion: The only hunting law relating to distance is the 50 yards (150 feet) from a public highway/road or occupied dwelling regulation. There are exceptions known as safety zones which are typically located in the proximity to parks and recreation areas but not necessarily limited to them. Any other regulation or law concerning the discharge of firearms in proximity to dwellings will have to come from the state (beyond the hunting regulations) county, city or town involved.
Who owns the "Swamp" in question, just because a person has permission to cross anothers property does not mean they have permission to hunt a particular area unless they own it or have permission from that property owner. Also, did you not realize that this area was used for hunting purposes before you bought or is this a recent thing. If this area has been used historically for hunting purposes and the new folks now moving in are objecting, I have little sympathy for them. It's kind of like the folks moving into a neighborhood under the approach to an airport, then squalling about the noise.
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Last edited by Coastie; 01-26-2006 at 06:17 AM.
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  #24  
Old 01-26-2006, 05:00 PM
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Quote:
Originally Posted by discounthunter
why is that scary.
Because I can't count the number of times I've taken my ammo out of the chamber to cross a road or walk down a short stretch of road to get to other property. I did this so that I couldn't be accused of hunting from a road, but from reading this it sounds like my rifle would've been considered loaded anyhow. -JerryC
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Old 01-26-2006, 05:32 PM
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Quote:
Originally Posted by Jeff Young
I would contact my local WRD Ranger and see if he would give you an answer.
Yep.
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