# Question on discharge of firearms



## Leaky (Sep 11, 2007)

A recent post on one of the hunting forums brought this question to mind. I had always thought that it was illegal to discharge a firearm (shot gun in this case) within 600 ft. of any established road. I've read several hunting proclamations, i.e. upland and waterfowl but can't find this restriction anywhere. I find restrictions about shooting on roadways and within 600 ft. of houses, etc but not within 600ft. of roads, highways, etc. Help me out, is it just that I didn't look hard enough or was I just mistaken?
Leaky


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## wyogoob (Sep 7, 2007)

That's a great question Leaky, I'm embarrassed I don't have the answer, for Utah and Wyoming) memorized. I know the answer for Illinois, Iowa, and Missouri if that counts!

Heres a glib from the Utah Public Safety site http://bci.utah.gov/CFP/CFLMisc.html:
............................................................................................................................ 
*It is unlawful to discharge any kind of firearm from any vehicle or from, upon or across any public highway, within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches; or without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of a house, dwelling, or any other building; or any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard................................*

The way I read it, you can shoot closer than 600 feet to dwelling etc. if you have written permission


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## wyogoob (Sep 7, 2007)

Peterson has brought up another important point. 

Many counties and municipalities have their own "discharging of firearms" laws or ordinances that supercede state law.

In Evanston Wyoming city ordinance says you can't discharge a firearm within 1/2 mile of the city limits!


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## BPturkeys (Sep 13, 2007)

wyogoob said:


> In Evanston Wyoming city ordinance says you can't discharge a firearm within 1/2 mile of the city limits!


I am not a lawyer, but doesn't sound right to me. If they (Evanston) can pass laws covering an area 1/2 mile outside of their town, what would keep them from passing a law covering the intire USA or hell, the whole world for that matter?
I think if such a law was inforcable, New Jersey would have closed the whole country to hunting many years ago.


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## wyogoob (Sep 7, 2007)

BPturkeys said:


> wyogoob said:
> 
> 
> > In Evanston Wyoming city ordinance says you can't discharge a firearm within 1/2 mile of the city limits!
> ...


Good point, it's a county ordinance. I'll find out for sure, get an electronic copy of the rule. There are some provisions to th erule for landowners. It's a public safety thing. Evanston is city boundaries are broken up.

Now the county wants to come after us archery guys next.

And just this past summer the city fathers voted down a proposal to outlaw archery within the city limits.


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## El Matador (Dec 21, 2007)

In Utah it's pretty much 600 feet from a building or structure (which can include livestock pens and corrals) unless you have permission from the owner to do so closer. And no shooting ACROSS roads or from roads. And like Petersen said, SL county has the additional rule of 600 feet from a road. There are only a few places in SL county you can shoot any kind of gun anyway.


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## royta (Sep 26, 2007)

What constitutes a road? Where does the edge of the road end and the legal shooting area begin? 1 foot off the edge of the ashpalt/dirt, 2 feet, 10 feet, 300 feet?


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## huntducksordietrying (Sep 21, 2007)

royta said:


> What constitutes a road? Where does the edge of the road end and the legal shooting area begin? 1 foot off the edge of the ashpalt/dirt, 2 feet, 10 feet, 300 feet?


I have been told its where the shoulder or burm ends. This could be 10-20 yards or 3 feet from the pavement. I would say its where the state, city or county owned property ends and it becomes public or private land. I dont see why anyone would even need to know this info, it seems to me that we are seeing how far we *dont* need to walk to fling a round at a critter. Gettin lazy I suppose.


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## Leaky (Sep 11, 2007)

huntduck,
Speaking for myself, during the winter I jump shoot duckies on a river. Now the area I hunt covers about a 2 mi. stetch that I walk. There are 2 places where the river turns toward a road and gets about 200 yds. from it. It just so happens, one of these areas I always see ducks and I've been tempted to take a shot, taking care not to shot so as the shot would not go out to the road, i.e. angled away or against a bank but I've never done it since I wasn't sure of the legality. Obviously there are safety issues that have to be in the forfront. :? 
Leaky


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## STEVO (Sep 13, 2007)

I have always been under the impression that if you are off of the road, and you do not shoot over or across a road, your good to go. I have duck hunted a area that is only about 50-60 yards off I-15. Ive had my license checked a couple times & have never had a issue. I did have a highway patrolman stop by once wondering what I was doing!!!


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## GaryFish (Sep 7, 2007)

> I am not a lawyer, but doesn't sound right to me. If they (Evanston) can pass laws covering an area 1/2 mile outside of their town, what would keep them from passing a law covering the intire USA or hell, the whole world for that matter?


Different states allow the City to exercise their authority beyond the city limits through their planning and zoning regulations. For example, in Montana, a First Class City may extend their zoning regulations up to 6 miles beyond the city limits. In Nebraska, it varies from 1 mile for Village class cities, to six miles for Metro class cities. If the zoning disallows discharge of a firearm in an area zoned for residential use, then it would be illegal based on the zoning laws. This is in the least, a form of governance without representation - but legal in those states. Utah has no such allowance in their planning/zoning laws, neither does Colorado. I don't know about Wyoming, but I would assume that they do allow for that. So it could be that Evanston does have the authority to extend their reach through the planning/zoning regs. (This is speaking as someone who spent about six years as a professional planner in Montana and Nebraska)


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## wyogoob (Sep 7, 2007)

You can not discharge a firearm within 1/2 mile of Evanston City Limits per Evanston municipal code § *15-9: Discharging firearms, fireworks and hunting prohibited. [Amended by Ord. No. 81-108; Ord. No. 83-7; Ord. No. 88-15; Ord. No. 93-2; Ord. No. 95-10] A. Discharge of firearm. No person, except a duly authorized law enforcement officer, as defined in § 15-8, in active pursuit of his duties as such, or a person who is engaged in firing a firearm at an approved target range, or at a state-approved event at the Bear River State Park, or at an event approved by the City Council, shall fire or discharge any cannon, gun, fowling piece, pistol, revolver or firearm of any description within the City or within 1/2 mile of the corporate limits. *

That's what I originally thought, but never took the time to look it up.
Here's the link for those who still want to give me a hard time:
http://www.e-codes.generalcode.com/code ... &cn=684&n=[1][2][672][684]


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## Petersen (Sep 7, 2007)

> *...shall fire or discharge any cannon, gun, fowling piece, pistol, revolver or firearm of any description within the City or within 1/2 mile of the corporate limits.*


This is neither here nor there and is totally beside the point, but what kind of person comes up with the wording on these laws? A fowling piece? What's the matter with simply saying shotgun? And why would they go out of their way to specify "fowling pieces" and "cannons," but fail to mention rifles?


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## .45 (Sep 21, 2007)

Petersen said:


> > *...shall fire or discharge any cannon, gun, fowling piece, pistol, revolver or firearm of any description within the City or within 1/2 mile of the corporate limits.*
> 
> 
> This is neither here nor there and is totally beside the point, but what kind of person comes up with the wording on these laws? A fowling piece? What's the matter with simply saying shotgun? And why would they go out of their way to specify "fowling pieces" and "cannons," but fail to mention rifles?


Good point Petersen....Ha Ha..... 

I think the term "cannon' came from Al Hansen, he only carries hand 'cannons' !! :shock:

As far as the fowling pieces.....can you imagine someone riding "fowling piece" instead of riding 'shotgun'... _(O)_

The bad cowboys would have had fun with that in the old days... 

I'm a gonna ride 'fowling piece' to-day on this here stagecoach..!! O*-- O*--


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## wyogoob (Sep 7, 2007)

Petersen said:


> > *...shall fire or discharge any cannon, gun, fowling piece, pistol, revolver or firearm of any description within the City or within 1/2 mile of the corporate limits.*
> 
> 
> This is neither here nor there and is totally beside the point, but what kind of person comes up with the wording on these laws? A fowling piece? What's the matter with simply saying shotgun? And why would they go out of their way to specify "fowling pieces" and "cannons," but fail to mention rifles?


Yeh, "fowling piece"; we're pretty sophisticated up here on da hill.

The kind of person(s) that came up with the verbaige for the ordinance is just like you and me. And I think he (they) took the language off Fort Bridger's codes that were resultant from the Fort Bridger Mountain Man Rendevous event. And my guess is the Fort Bridger people patterned their codes from another town with a similar event.

Evanston has a mountain man rendevous annually at the Bear River State Park near the city boundary. During the event they shoot off a variety of "weapons"; cannons, muzzle-loading rifles, and all manner of black powder shotguns (fowling piece?) and pistols. After a couple years of this some of the locals felt if they could shoot away at the Bear River State Park, what the heck, why not in their back yard or on the edge of town.

Then there's the deer. Evanston has some very nice bucks that live in or within 1/2 mile of the city limits and many other deer get pushed into town during the rifle hunt. This makes for a huntable population of deer near or in the city. Problem is the city limits are convoluted, broken up with islands, penisulas, and narrow strips of land attached to the city proper. Deer hunting close to town was common and somewhat dangerous. But some places you can be on private land with some nice deer but have the "city" on 3 sides of you.

We use to do a little antelope hunting on the east part of town till they built a new sheriff's office right in the middle of the herd.

Also annually, Evanston has 6 (best I remember) events that allow the use of fireworks within the city proper; New Year's, Chinese New Year's, Memorial Day, July 4th, Pioneer Days and Cowboy Days. Many (he, he, he) enjoyed going out in the backyard and discharging all manner of firearms into the air while big fireworks banged away all over town. Mixed with the high alcohol use during these events this is a bad thing.


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