A SUPREME COURT RULES: Shoot in Backyard?

**Qtrborecrazy** · April 12th, 2024, 09:40 AM

Group wanted to open a range here in Sterling and the planning board and supervisors denied it. And one of the sutupvisers - Olsomer is running to be Assemblyman for the 139 district.

**widgetman101** · April 12th, 2024, 10:37 AM

Originally Posted by Exbiker

Wow if you look at the closest of his property line and shooting from the edge of the property it's about 450 feet but he certainly wouldn't stand at the edge and shoot at the stores. Government over reach IMHO.

Attachment 173754

In my opinion government overreach sometimes happens because people decide to do stupid things. Building a range 150 yards from what appears to be a huge shopping center is a dumb decision.

I agree 100% that he could absolutely safely shoot but that's not really the question. Imagine going to a shopping center and all of the sudden dozens of gunshots start ringing out in fairly close proximity. I can see how that would result in constant Karen calls to the police concerned there is a shooting going on.

I bet that's exactly what happened and police were probably sick of getting calls. They got the township involved and pushed for a law so they could stop him from doing it. I don't think this guy would have had any problems using the land for hunting where he'd only be shooting at deer etc. He most definitely pressed his luck by building a range that close.

**bogey1** · April 12th, 2024, 11:31 AM

Originally Posted by widgetman101

In my opinion government overreach sometimes happens because people decide to do stupid things. Building a range 150 yards from what appears to be a huge shopping center is a dumb decision.

I agree 100% that he could absolutely safely shoot but that's not really the question. Imagine going to a shopping center and all of the sudden dozens of gunshots start ringing out in fairly close proximity. I can see how that would result in constant Karen calls to the police concerned there is a shooting going on.

I bet that's exactly what happened and police were probably sick of getting calls. They got the township involved and pushed for a law so they could stop him from doing it. I don't think this guy would have had any problems using the land for hunting where he'd only be shooting at deer etc. He most definitely pressed his luck by building a range that close.

From the map, it looks like all he has to do is reposition it.

**widgetman101** · April 12th, 2024, 12:12 PM

Originally Posted by bogey1

From the map, it looks like all he has to do is reposition it.

He should have invested in a suppressor before he started shooting on the range. I don't think it would matter how he positions it at that distance noise is going to be a recurring issue.

**Thomasconnor** · April 13th, 2024, 09:49 AM

Safety (which can be changed if unsafe) may be the controlling issue as noise and nuisance actions may be pre-empted.

35 P.S. § 4501

Section 4501 - General immunity for noise

All owners of rifle, pistol, silhouette, skeet, trap, blackpowder or other ranges in this Commonwealth shall be exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

35 P.S. § 4502

Section 4502. Nuisances and injunction

The owners of the ranges shall not be subject to any action for nuisance, and no court in this Commonwealth shall enjoin the use or operation of the ranges on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

**John_Wick** · April 16th, 2024, 03:04 PM

Originally Posted by Will3212

So if your township dont have a no target shooting ordinance, you're still good?

As long as there are no local ordinances that prohibit shooting, sure.

Originally Posted by bartomark

So can this be challenged or is it absolute? I can see every township eventually doing this.
Suppressors are not an option because if you are caught they can confiscate your gun.

Shoot with a suppressor from the jump, no one will know you're shooting and there will be no impetus to pass an ordinance that prohibits shooting on one's own property.

**bartomark** · April 17th, 2024, 05:55 AM

Originally Posted by John_Wick

As long as there are no local ordinances that prohibit shooting, sure.

Shoot with a suppressor from the jump, no one will know
you're shooting and there will be no impetus to pass an ordinance that prohibits shooting on one's own property.

In our area We have a significant number of people who shoot on their property but we are still in the minority. If the township can pass a local ordinance it won*t matter if a few do shoot suppressed. Besides suppressors are only effective with subsonic. And if an ordinance was passed, the ability for them to confiscate weapons is a serious deterrent if you try to shoot covertly.

**WCMG** · April 17th, 2024, 08:51 AM

Originally Posted by Thomasconnor

Safety (which can be changed if unsafe) may be the controlling issue as noise and nuisance actions may be pre-empted.

35 P.S. § 4501
Section 4501 - General immunity for noise

All owners of rifle, pistol, silhouette, skeet, trap, blackpowder or other ranges in this Commonwealth shall be exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

35 P.S. § 4502
Section 4502. Nuisances and injunction

The owners of the ranges shall not be subject to any action for nuisance, and no court in this Commonwealth shall enjoin the use or operation of the ranges on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.

For the first 3 years or so when we opened our range it was a constant battle with the locals and after win after win, they finally gave up because of the statue above. Last year a guy bought the industrial building next to our range and tried to have us shutdown due to safety and noise his tenants "would endure", and his last straw was to report us to the PA DEP for shooting into a "wetland", which our 300-yard range shoots over, but not into. PA DEP shows up, looks at the new neighbor's location and laughs, "If the guy didn't like gun ranges, why did he buy a building next to a gun range. We are done here. We don't deal with new neighbor complaints" and case was closed. Normally not a fan of the PA DEP, but damn, they knew exactly what was going on and didn't want to be a part of it.

**wew3** · April 17th, 2024, 09:47 AM

Originally Posted by WCMG

For the first 3 years or so when we opened our range it was a constant battle with the locals and after win after win, they finally gave up because of the statue above. Last year a guy bought the industrial building next to our range and tried to have us shutdown due to safety and noise his tenants "would endure", and his last straw was to report us to the PA DEP for shooting into a "wetland", which our 300-yard range shoots over, but not into. PA DEP shows up, looks at the new neighbor's location and laughs, "If the guy didn't like gun ranges, why did he buy a building next to a gun range. We are done here. We don't deal with new neighbor complaints" and case was closed. Normally not a fan of the PA DEP, but damn, they knew exactly what was going on and didn't want to be a part of it.

I passed your comment on to my daughter who works for the DEP Water Program. I'm sure she'll enjoy hearing a postive comment.