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Discharging a firearm (including an air rifle) in Willistown Township is illegal unless you are lawfully engaged in hunting game or shooting at an approved range; this is a summary offense punishable by a maximum of a $1,000 fine. See http://ecode360.com/11714892. Bummer.Quote:
Originally Posted by bogey1
Calm twnp § 81-1. Discharge restricted.
No person shall, upon public or private property within the Township of Caln, discharge any gun, firearm or weapon firing or expelling a single pellet or projectile of any kind except upon ranges or other areas specifically designated for such use and whereon such use has been specifically approved by the Board of Commissioners.
§ 81-2. Violations and penalties.
[Amended 7-8-1975 by Ord. No. 1975-11]
Any person who shall violate any provisions of this chapter shall, upon summary conviction before an issuing authority having jurisdiction thereof, be punishable by a fine of not more than $100 and costs of such proceedings and, upon default of payment of such fine and costs, by imprisonment in the county jail for a term not in excess of five days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
It's illegal to have a NERF gun war in your backyard, apparently. (At least without the specific approval of the Board of Commissioners.)Quote:
Originally Posted by Kbroc2
Or a very expensive one
I live in westtown. Somebody that lives pretty close to me has been shooting in their backyard and lighting fireworks in between groups to cover it up. Its amusing to me because they're shooting near dusk and lighting off the fireworks before its even dark. Pretty obvious to those who know what they are hearing.
I'm Westtown too. As far as I can tell, what your neighbor is doing isn't prohibited. (perhaps not smart, but not prohibited). I just sent off an email to the township requesting guidance. I'll update this thread when I receive a reply.
I am in Warwick Township. My family has been shooting there since the 1930s. It looks like we are good:
http://ecode360.com/11662569
Section 85-1
A.
The firing or discharging of any shotgun, rifle, air rifle, Flobert rifle, pistol, revolver, pellet gun or similar type weapon or the shooting of arrows from bows within the Township is prohibited.
B.
The prohibition in Subsection A shall not apply to said acts when done by a landowner on his own land or by a resident of said land or by an employee of said owner or resident or by a member of the family of said owner or resident or by a person accompanied by said owner or resident or family member.
C.
The prohibition of Subsection A shall not apply to said acts when done by a person who has obtained prior written permission in his own name, in duplicate, from said landowner or resident. One copy of said written permission shall be deposited with a District Justice or Constable of the Township, and the other copy shall be carried by said person, available for production upon request. Such written permission shall be limited to a period of one calendar year and shall be revocable by said owner or resident.
I sent this to the Twp manager:Quote:
Originally Posted by soccerdad
Hope you are well. I imagine you'd have to send this to the township lawyer, but I'm starting with you as I have no idea who that may be.
I'm curious about our laws on discharge of firearms in Westtown twp. I frequent a website called PA Firearm Owners Association (www.PAFOA.org) and a thread came up about backyard shooting in Chester County. I've search our online ordinances and cannot seem to find anything specifically prohibiting safe target shooting on private property in Westtown? The only reference to firearms I found was in the disturbing of the peace ordinance and that states (as prohibited activities): "The discharging on or across the streets or highways of air guns,spring guns, rifles or firearms of any kind or character whatsoever;"
It seems to me that prohibition, with the specific modifier of "on or across the streets or highways", was not intended to prohibit safe shooting on private property. So absent any specific prohibition on firearms (that I could find in westtown ordinances), if I were to set up a small, safe range, with the proper backdrop, etc., in my backyard, is there any prohibition from Westtown to using it?
and just received this back:
Sorry for taking so long to get back to you. I ran this by the WEGO police chief, Brenda Bernot, and her response was:
“This individual is correct in that Westtown Township does not have an ordinance that specifically addresses the use of firearms in the Township. However, if a subject discharged a weapon in close proximity to another house, the roadway, etc., our department would have the ability to charge the individual under Section 2705 (Recklessly Endangering Another Person) under Title 18, Penna. Crimes Code. This crime is a misdemeanor of the second degree.”
I trust answers your question, but disappoints you nonetheless.
And I replied with: I appreciate you running this to ground. It addresses pretty well, but does not really answer the question definitively. I'm particularly addressing the words 'recklessly' (which would be mitigated by my assertion of 'safe range, with proper backdrops'. And the words 'close proximity'. What is the definition of that? 20 feet? 200 feet? 500 feet?
I know my answer is probably 'close proximity' and 'recklessly' means whatever they want it to mean, and that's probably good enough for me to be disappointed. I'm not a rebel, nor to I have the time, dollars nor energy to put it to a legal test. But my feeling is that, if I did, I would probably win. So thanks much.
"Recklessly" is defined by the criminal statutes which includes 2705. [All excerpts below from 18 Pa CS]Quote:
Originally Posted by soccerdad
Quote:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this part, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:"Recklessly." The meaning specified in section 302 of this
title (relating to general requirements of culpability) and
equivalent terms such as "recklessness" or "with recklessness"
have the same meaning.
Quote:
§ 302. General requirements of culpability.
(a) Minimum requirements of culpability.--Except as provided in section 305 of this title (relating to limitations on scope of culpability requirements), a person is not guilty of an offense unless he acted intentionally, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.
(b) Kinds of culpability defined.--
(1) A person acts intentionally with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and(2) A person acts knowingly with respect to a material element of an offense when:
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
(i) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and(3) A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
(ii) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
<snip>.
It is a judgment call by the trier-of-fact (judge/jury) but the determining factor should revolve around "risk". Normally "proximity" deals with noise inconvenience, as opposed to any real "risk" of injury/death, and 2705 would be inapplicable..Quote:
§ 2705. Recklessly endangering another person.
A person commits a misdemeanor of the second degree if he
recklessly engages in conduct which places or may place another
person in danger of death or serious bodily injury.
Your planned range facilities should assure a near-zero probability that a projectile will trespass onto another's property/airspace.
This is a 7.5 year old thread, however, I came across it in researching the topic. I also found the following which indicates that the courts will uphold the right to target practice, safely, on your own land:
https://firearmslaw.duke.edu/2021/06...hooting-range/