cops

[Big_Bill]

It looks like it do, Henry,

Better be careful there, them bad police men would rather go after you, then go after BAD people, cause there dangerous. They can bother us good citizens, cause we don't shoot them when they come to the door.

And it makes the chief happy that the weren't at the donut shop all day ! hehe...he

[bbiggun]

This sucks big time...  The main reason I got into airgun was to enjoy shooting without going to a range.  The law prohibits pretty much everything.  

ya i know they think its going to kill someone if an airgun is shot in the back yard

[Gene_SC]

I sure hope that I am not shooting one of my favorite air rifles when the cops show up at my place.. And if I was shooting one of my favorites, I wonder if they would let me give them one of my un tuned B-3's... in exchange for the one I love.. hehe

I know I would be really *_*_*_*_*_*ed off if that happened to me here. I have a couple acres in back and on one side of my house. No homes withing a mile of either direction. Lots of varments including coons, squirrels and wabbits. But I do mostly paper shooting here. Guess I should go check out the city's policy on air guns and maybe put up a 2000 ft fence.. hehe

Gene

[USNCop]

Please pay attention to what he wrote.  He basically saved my some typing.
I believe AG's are defined as a firearm in Co too....idiots!!!

Double check in your State and city.  You may get it tossed if he was in the wrong and "enforced" a goof.  He should have just checked your safety measures and been on his way to double check himself.
I can relate to some of what only1harry said about not knowing things well enough but trying to wing it on a power trip.  I feel for you.
I never tried to snow folks, cuz some of them DO know what's up!

I write this not to rub it in, but to say several things clearly.

1.  Law enforcement personnel are NOT the people from whom you should ask
legal advice.

2.  Ignorance of the law is NO excuse.  You now know how to research the
municipal codes.

3.  When you get to court, you will get LAW, not JUSTICE.

4.  I have read disgust and defiance in your posts.  These feelings and
attitudes will hurt your case if you reveal them in court.
I recommend you hire a lawyer to review the law and any changes to it,
any new interpretations or challenges, successful or otherwise;
to examine the charges against you with an eye to challenging them
or asking for mercy, and to appear in court on your behalf.

5.  Your lawyer should advise you according to whatever you believe
to be a successful outcome.  For instance, you may be satisfied to have
the ticket voided and your air gun returned.  Or, you may settle for having
the ticket dropped, yet forfeit your air gun.  Do not expect the court will
scold or chastise the officer. You may get a lecture in court.
Take it gracefully.

6.  You may also need the services of a lawyer to recover your air rifle,
if possible.

7.  Check with the NRA for a lawyer familiar with Second Amendment
causes.

Here's a place to start looking for support outside your family:

http://www.cheyenneregulators.org/sr%20app%2007.pdf

[daved]

Might want to keep reading, Henry.  Those municipal codes are tricky, as well as frequently self contradictory.  But wording like the section you just quoted is frequently also followed by what amounts to a disclaimer about private property, with numerous restrictions and exceptions, of course.

What really chaps my hide is why so many state, town, or county jurisdictions can classify an air gun as a firearm, when federal law specifically   mandates that an air gun is not and can not be classified as a firearm.  Deadly weapon, yes, but NOT a firearm.  And THAT sounds like an easy segue into a political discussion re: state vs. federal right, and I ain't goin' there :-)!  Later.

Dave

[only1harry]

Everyone especially those of you living in a city (not town, village or hamlet) must check your local municipality laws and/or town codes and ordinances.  You are allowed to purchase and own an airgun in most US cities without registering it, but cannot legally shoot it.  Just because Pyramid Air or an online vendor will ship the gun to your city, it does not mean you have the lawful right to use it.  In many cities, or some states like New Jersey, even if you register the airgun and get licenced, it still does not mean you can shoot it in your back yard because of other local laws prohibiting it.  

These laws were written mainly for those who intend to use the airguns (or any gun) for hunting on state land or competition shooting, so therefore had to be allowed to be in possession of them and keep them in their home until they can bring them to a licenced range, or lawful hunting grounds.  Sometimes all it takes is one person to get injured by a pellet/bb gun in a city or town, resulting in a "no shooting of anything" law, which ruins it for everyone else.
 
I really feel for you guys because even though it's perfectly legal for me to shoot AG's, I have problems with neighbors.  I have 1 acre but there were very few homes in this part of town when I bought the house.  My property was secluded and perfect with plenty of woods in the back and on one side.  Recently they cut down all the trees on top of the hill behind my house and built 2 houses pretty close to each other so they are both along my property.  I can see these houses only when the leaves fall from the trees on the side of the hill which are as tall or taller than the houses on top of the hill.  They also cut down most of the trees to the side and built a house 45yds away where my property ends.  Now 2 out of these 3 new neighbors often complain I shoot airguns in my backyard and that one might recochet and hit their house.  The guy in the back on top of the hill is nuts.  I have 30+yds of open lawn in the back followed a small hill (25ft high) completely covered in tall trees.  3/4 of the way up the hill is mine.  I not only have a rimifire steel backstop that I use at ground level, but I have a dang hill in the back with many trees.  His house is on top of the hill above mine, with a total distance of 40-45yds between my house and the one directly behind mine.  Still they complain so I have reduced the amount of target shooting and plinking.  I never shoot towards the side of my house so I have no clue why the guy in the other house 45+yds away complains.  Maybe they have a complex of their smaller 1/4 acre lot and small houses..  My older neighbor 50yds away on the other side never complains, nor does the one across the street and they have seen me shoot starlings and groundhogs on my property.  One guy even said "good shot".  One of the other idiots even called the cops on me but nothing became of it as I was within my legal rights.  The cops just left after examining one of my airguns to make sure it was not a firearm.  

Like Gene said, I 'm thinking of putting up an ugly fense along the side of my house all along the guy's driveway where his property starts, so I can teach him a lesson and make his property look even smaller.  The loonatic in the back I can't help because he thinks the pellet will somehow penetrate the hill several yards, go straight up through his home's concrete foundation, and through his floor, or hit the hill, make it through the many trees, go up, and then magically turn and over the hill and hit his house.  Or I could just walk around my property strapped with airguns everytime I see them out and about to upset them but I don't think I have a vindictive nature  :-)  I think I gave in enough even though it is within my rights to shoot AG's on my property.  I won't let these people that think all guns and people that use them are evil, to ruin the enjoyment I get out of airguns.

[johncedarhill]

I quickly quit using metal pellet traps because they are louder than the airgun itself. I did find that stuffing a roll of charmin behind the target really quieted down the metal noise when the pellet hit. I use a box stuffed with old rags and a large plywood as an extra backstop.

[Rixtrix]

a town where I can utilize a fairly large backyard to enjoy my hobby, legally. Here'a a pic of the municipal code pertaining to airguns, etc, and their discharge within the city. Section C. shows legality on private property. I have a 6 foot concrete block wall around the yard where I shoot to provide a secure backstop.

Ric G

[longislandhunter]

Hey Cody,

Was very sorry to read about your unfortunate run-in with the local police and the end result.  The member who gave you the advice to have a lawyer represent you gave you good advice.  Having a lawyer in court with you can make a huge difference in the outcome of any legal proceeding.  If you choose not to procure the services of a lawyer that of course is up to you, but at the very least I would speak to an attorney for at least one consultation before heading off to court.  Also, don't just pay the fine, it's the same as pleading guilty, at least that is the case in my state of New York. Plead not guilty and have your day in court to explain your side to the judge.  Your explanation may not convince the judge to dismiss the charges, but I'll bet you it would probably result in him/her reducing the fine amount.  You would also be able to speak to the judge about returning your air rifle.

I am a police officer in New York and in the course of my job I go to court all the time for summonses that I issue and while the judges almost always find the person guilty of the charge on the summons they also almost always reduce the amount of the fine, sometimes considerably. I must say also that in 22 years I've lost a few court cases due to technicalities , but that's all it takes to win is a technicality.  A consultation with an attorney might just find you that legal technicality that you need to win.    

I don't know the laws in your state and I am not a lawyer so I'm certainly not qualified to give you legal advice.  I'm just trying to pass along some information that perhaps might be useful to you.  In any event, I hope you prevail in your case.

I will end with just one more comment.........   from your description of the cop who issued you the summons it seems very clear that he was perhaps a very arrogant officer.  Such an officer can and usually does make what is an uncomfortable situation for you even worse just by his attitude.   I make no excuses for such an officer, that kind of professional attitude serves only to inflame the public that we serve and in the end gives every hard working cop a bad public image.  Just try to remember that cops are no different that any other profession, whether it be plumbers, electricians, auto mechanics, or any other profession.  People are people, some are nice and professional and others are just the opposite.  I'm sorry that you ran into the wrong kind of police officer.  

Anyway, hope you win your case......

Jeff

[r1derbike]

I'd be wary of seeing someone walk around my neighborhood, with any rifle/gun, until I knew whom and what it was.  I respect my own concerns, and don't do it.  Have a retired Chicago LEO just down the street.  Neighbors here are great.  We help each other out, keep an eye on each others' property when away.  I have just one close neighbor.  He's welcome to my firewood, or anything else I have, and the opposite is also true.

Still, I shoot at the range, or indoors, or on rural property, except when those tree/ground rats are tearing up my yard/flowers/roof.  Then, I break out the AG and dispatch them.  No complaints, but then, I've not given anyone here a reason to complain.

Indoor ranges are still fun, and much better than not shooting at all, if neighbors are the issue.

You have to adapt, to keep peace, and believe me, keeping peace is much better than conflict.

Charles

[only1harry]

Charles,
I take it that was addressed to me.  I don't like  being off topic but believe me, I have done everything I could with these neighbors.  I did not have a problem before these 2 moved in.  Although the one behind and above my house (on top of the hill) is really on another street and I don't actually consider him my neighbor, I have gone over and talked to him and addressed his concerns.  Same with the "new" (2-3yr old) neighbor next door.  Like I mentioned earlier, the other neighbors don't have any issues and I 'm close to them (BBQ's, watch each other's home, babysit, etc.) as I am with a couple of others further up the road.  It just so happens a few others have a problem with my next door neighbor.  They are a middle aged couple with no kids and keep to themselves.  They are not friendly with anyone.  Their neighbor accross the street and next to them told me they don't even respond to hello.  So these are the type of people they are.  When I went to talk to the guy, he let me stay at the door and didn't even invite me in.  When I identified my self as an ex-police officer, his wife then came to the door and said their nephew is also a police officer and we struck a small conversation.  She seems nicer than him but both were actually cold and unfriendly.  I have cut down my AG shooting a lot because of them and now only do it when I don't see their car in the driveway.  I respect people's fears of a renegade pellet flying through their window but to a certain extend.  Most of my shooting is done towards the back of my 1acre property.  I am usually about 55-65yds away from their home which is on the side of my house, same distance from the street as mine.  I 'm actually on the other side of my house when I practice, more towards the neighbor on the opposite side.  My property is 103yds long.  There are also some large trees dividing his driveway and my property.  He even complains of leaves from my trees landing on his driveway and lawn every Fall but he has some pretty large trees himself with leaves blowing all over the place.  Some people were just born to complain.  

The guy in the back and high up on the hill I really don't give a crap about although I did go talk to him and he seemed ok after our conversation.  I never shoot 25-30ft up in the air or at birds or squirrels up in the trees.  I always get them when they 're on the ground.  I even invited him to join me in some target shooting at which time he revealed he owned a .22LR and that he sometimes goes to the range with his teenage son.  

I fully agree that we must try and coexist peacefully with our neighbors, but some people will just never be happy no matter how much you give in.

[Gene_SC]

My two cents worth.. I actually can identify in most cases a pellet gun from a fire arm at around 30 to 40 yards out now... hehe There are defiantly some certain characteristics between them. Not that I could not be fooled but when you live in a place long enough and know what kind of neighborhood you live in, then common sense should take over if you see someone that is not common to your neighborhood strolling around with a rifle or hand gun in his or her hand.. hehe. Where I did live my neighbor in back of me was jerk. The guy down the street dog got out and the jerk pulls out a .22 rifle and killed the dog in his back yard. The lots are one acre parcels and the dog was old and never barked.. lol. The jerk just did not like animals. That was outside of town in a rural area. Being in the south I guess this is a common thing. I live just on the outskirts of town now and hear big bore fire arms being shot all the time. My place is backed up against county property along with some of my neighbors that live a half mile down the road. I have called the police a few times but never get a response.. lol... So I assume the people down the street are related to the local police.. hehehe. Unlike Harry I do not have to worry about neighbors fussing about me shooting my air rifles. I shoot in the back yard and no one can see me from there. I have up to 100 yards of range in a 50 degree radius.  And city and county laws do not allow for fire arms or pellet rifles to be discharge within any city limits. So as long as our police here are all related to my neighbors then I am safe... LOL

Wish you the best Harry..

Gene

[shadow]

I feel for you all that live in the city, never cared for em to much myself with to many people and the concrete jungle. Wide open here in South Dakota, the closest farm to mine is about a mile away and most of the farmer's love it when you show up for pest control. They get real interested  when I show them my sweetheart's, look's real fancy how does it shoot?.  Drop a Grackle off the top of his silo, need we say more hehehe. I hope you find a way to work it all out to continue to injoy the great sport of Airgunning, good luck. Ed