hunting near docks/homes

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hunting near docks/homes

Postby jakefromflorida » Sat Dec 21, 2013 11:34 am

Can someone "ttt" that thread regarding hunting on or around homes and docks, more so city limits... I think whaknstak started it?
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t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
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Re: hunting near docks/homes

Postby GAbirdhunter » Sat Dec 21, 2013 12:25 pm

I know that in Georgia if you are on public water you must be 300 yards from any man made structure, and no hunting within city limits, I would imagine that Florida is similar if not the same.
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Re: hunting near docks/homes

Postby jakefromflorida » Sat Dec 21, 2013 12:32 pm

Thanks birdhunter.

One of our guys on here had a great thread filled with information on it. I searched but couldn't find it... I'm sure someone will chime in soon.
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
"She sounds hideous!" :lol3: :lol3: :lol3: :lol3: :lol3: :lol3:
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Re: hunting near docks/homes

Postby waterdogds » Sat Dec 21, 2013 1:46 pm

"He who knows nothing is closer to the truth than he whose mind is filled with falsehoods and errors." Thomas Jefferson
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Re: hunting near docks/homes

Postby jakefromflorida » Sat Dec 21, 2013 5:27 pm

Awesome! That's the one, thanks waterdog....


Wish a mod would sticky this..
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
"She sounds hideous!" :lol3: :lol3: :lol3: :lol3: :lol3: :lol3:
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Re: hunting near docks/homes

Postby whaknstak » Sat Dec 21, 2013 7:29 pm

Jake, no set distance you have to be from a dock/house/property line/other boat/ etc. You simply can't knowingly shoot onto private property that you don't have permission to shoot on. meaning your shot cannot land anywhere you can't legally be. That is trespass by projectile, and a felony under Florida law. Keep it below the bank and your good to go:wink:

good luck and stay safe.
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Re: hunting near docks/homes

Postby jakefromflorida » Sat Dec 21, 2013 8:28 pm

whaknstak wrote:Jake, no set distance you have to be from a dock/house/property line/other boat/ etc. You simply can't knowingly shoot onto private property that you don't have permission to shoot on. meaning your shot cannot land anywhere you can't legally be. That is trespass by projectile, and a felony under Florida law. Keep it below the bank and your good to go:wink:

good luck and stay safe.



Thanks whak,

Plan on doing some layout hunting because literally all of the shore line has docks and homes... Which is fine, birds want to be in the middle. No chance of trespassing, even by our shots. (big lake, probably close to 80 acres) but, im almost positive there will be a phone call on us being it's a "nicer" area, and not too many hunters.however, there is public access.....I just want to be prepared, and I remembered this thread.

Again, thanks.
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
"She sounds hideous!" :lol3: :lol3: :lol3: :lol3: :lol3: :lol3:
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Re: hunting near docks/homes

Postby GAbirdhunter » Sun Dec 22, 2013 6:33 pm

whaknstak wrote:Jake, no set distance you have to be from a dock/house/property line/other boat/ etc. You simply can't knowingly shoot onto private property that you don't have permission to shoot on. meaning your shot cannot land anywhere you can't legally be. That is trespass by projectile, and a felony under Florida law. Keep it below the bank and your good to go:wink:

good luck and stay safe.


There are most certainly set distance on many lakes, check the regulations for various hunting areas/lakes as set for by FWC, most are listed on their website.
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Re: hunting near docks/homes

Postby Worlando » Sun Dec 22, 2013 7:14 pm

GAbirdhunter wrote:
There are most certainly set distance on many lakes, check the regulations for various hunting areas/lakes as set for by FWC, most are listed on their website.


Really? Can you share a link? I've been all over Myfwc and have not seen it listed.

http://www.myfwc.com/hunting/by-species/waterfowl/
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Re: hunting near docks/homes

Postby jakefromflorida » Sun Dec 22, 2013 7:40 pm

Ditto.

Haven't seen anything either.... Really would like to clear this up before this week. Got some hunting to do! :grooving:
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
"She sounds hideous!" :lol3: :lol3: :lol3: :lol3: :lol3: :lol3:
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Re: hunting near docks/homes

Postby FlaWoodie » Sun Dec 22, 2013 8:22 pm

I'd go with whacknstack on this one Jake, he knows what he talkin about when it comes to the law... :thumbsup:
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Re: hunting near docks/homes

Postby dogyak » Sun Dec 22, 2013 8:46 pm

FlaWoodie wrote:I'd go with whacknstack on this one Jake, he knows what he talkin about when it comes to the law... :thumbsup:
I also back this up Jake . Whacknstack is very reliable when it comes to the law :thumbsup:
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Re: hunting near docks/homes

Postby GAbirdhunter » Sun Dec 22, 2013 8:50 pm

Can't find it now, I know that it used to be listed under lake Seminole, Florida State law says that discharging a firearm knowingly within 1,000 feet of another person in a public setting( which many could take as being on a public waterway ), is against the law(misdemeanor). Counties may not further restrict the rights of citizens to discharge firearms, however FWC can. Just as an example the law for hunting lake Seminole as listed in Georgia states you may not hunt within 300 feet of any structure be it a dock or house. Bottomline if you are hunting one of the lakes surrounded by residential housing in Florida, and you set up too close to the wrong house and they call the game warden or other law enforcement, you are more than likely going to have a mess on your hands that will require a lawyer to sort out. If there is any doubt, call your local warden and ask him specifically about the area you wish to hunt, it certainly wouldn't hurt to have him on your side if someone did make a call to complain about noise or hunting. Good luck :beer:
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Re: hunting near docks/homes

Postby GAbirdhunter » Sun Dec 22, 2013 8:53 pm

dogyak wrote:
FlaWoodie wrote:I'd go with whacknstack on this one Jake, he knows what he talkin about when it comes to the law... :thumbsup:
I also back this up Jake . Whacknstack is very reliable when it comes to the law :thumbsup:


I'll have my dad ask the head of FWC law enforcement tomorrow when he's in the office, maybe they can clear this up
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Re: hunting near docks/homes

Postby Worlando » Sun Dec 22, 2013 8:59 pm

I wonder if the 790 statute did away with it. How long ago do you recall seeing the county laws?
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Re: hunting near docks/homes

Postby GAbirdhunter » Sun Dec 22, 2013 9:05 pm

Worlando wrote:I wonder if the 790 statute did away with it. How long ago do you recall seeing the county laws?


It's been awhile since I looked at Floridas, but the Georgia law for lake Seminole still exists, and the 790 law also includes the provision for FWC to regulate firearms discharge as they see fit, see section 4 paragraph e of 790

(a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited;

(b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties;

(c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties;

(d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or

(e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission.


Simply stated the statute 790 doesn't mean that FWC can't regulate firearm discharge and have varying rules and regulations for different areas, but they are allowed per this statute to regulate it as they see fit.
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Re: hunting near docks/homes

Postby Worlando » Sun Dec 22, 2013 9:51 pm

Understood. When you read the comments in this thread by "Capt Jeff" it almost seems that those Local ordinances are null. I would think that the LOE and FWC would follow the same laws?

viewtopic.php?f=25&t=201791&start=25
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Re: hunting near docks/homes

Postby whaknstak » Sun Dec 22, 2013 10:32 pm

GAbirdhunter wrote:
whaknstak wrote:Jake, no set distance you have to be from a dock/house/property line/other boat/ etc. You simply can't knowingly shoot onto private property that you don't have permission to shoot on. meaning your shot cannot land anywhere you can't legally be. That is trespass by projectile, and a felony under Florida law. Keep it below the bank and your good to go:wink:

good luck and stay safe.


There are most certainly set distance on many lakes, check the regulations for various hunting areas/lakes as set for by FWC, most are listed on their website.


Then show me where it says it. Try FAC 68A, FS 790 and FS 379. You cant, because it doesn't exist.

No distance as I said before. This is FLORIDA law. Georgia law may read differently, but being this is the Florida forum, it is irrelevant to our discussion. the information contained in this thread and the preemption thread is 100% reliable. If you like, visit the actual text in statute included with my posts and see for yourself. If it's not in statute or the FAC, it's not a law. Fwc can only regulate firearms involved in the taking of wildlife. Those restrictions are found in fac 68A. you will find no requirement to be a set distance from a residence. I assure you I know what I'm talkin about.

Also, it's only illegal to discharge a firearm within 1,000 ft from a VEHICLE and it's a felony not a misdemeanor.

790.15
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Please get your facts straight before carelessly throwing around legal advice.
Last edited by whaknstak on Mon Dec 23, 2013 7:24 am, edited 3 times in total.
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Re: hunting near docks/homes

Postby jakefromflorida » Sun Dec 22, 2013 10:39 pm

The distance isnt as big a deal... As said before, I'm switching it up and running a layout this week. So I won't be close to any homes. Not 300 yards, 1000 feet, etc...

But I DO know I will get called on... It will surprise me if it doesn't happen. I tried calling my local FWC office, but completely forgot it's the weekend. I will try tomorrow for certain, and will post my response here just for fuel to this mystery thread, lol.


Also as said before, whak seems to be the most keen on his information. As well as backed by several members. Not saying everyone else is wrong, I just feel comfortable going with his info. I have all my research printed out just in case green slacks wants insurance.

Again, thanks to everyone contributing.
Indaswamp wrote:
t_baker wrote:Nice work Jakefromstatefarm.

Crap. On. A. Cracker!! :lol3: :lol3: :lol3: :lol3: :lol3: LMAO!!!
"She sounds hideous!" :lol3: :lol3: :lol3: :lol3: :lol3: :lol3:
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Re: hunting near docks/homes

Postby whaknstak » Sun Dec 22, 2013 10:52 pm

jakefromflorida wrote:The distance isnt as big a deal... As said before, I'm switching it up and running a layout this week. So I won't be close to any homes. Not 300 yards, 1000 feet, etc...

But I DO know I will get called on... It will surprise me if it doesn't happen. I tried calling my local FWC office, but completely forgot it's the weekend. I will try tomorrow for certain, and will post my response here just for fuel to this mystery thread, lol.


Also as said before, whak seems to be the most keen on his information. As well as backed by several members. Not saying everyone else is wrong, I just feel comfortable going with his info. I have all my research printed out just in case green slacks wants insurance.

Again, thanks to everyone contributing.


Regardless Jake your good to go be it 10,000 ft or 1". A week ago Sunday I was hunting roughly 75 yards from a house and 20 yards from the edge of the lake. I don't do anything unless I know it is legal. You can't be charged with a crime that doesn't exist.

In a free society, anything not expressly stated as illegal, is by default legal.
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Re: hunting near docks/homes

Postby GAbirdhunter » Mon Dec 23, 2013 10:37 am

790.15 Discharging firearm in public or on residential property.—
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The question is can firing a gun within a distance of a home or structure be considered reckless or negligent by a judge, or could a boat be considered a vehicle? The law is left open to interpretation in the way it is written is all I'm saying and could be argued either way, not to mention someone firing a shotgun 100 feet from someone's house at legal shooting time could argue that noise ordinances were violated. Bottom line is that we as hunters need to be aware that everyone doesn't share our same views, or share the same understanding. Because it isn't written expressly in the law, does it make it right, certainly not. We as hunters, who are also in the minority, need to set an example as to how we go about things in the right way through conservation and ethics. I promise you if enough people start setting up in front of everyone's lake house because they believe they are "within the law" that law will be changed in favor of the majority. Many of the lakes you all now have the privilege of hunting won't be there forever if this type of mindset continues. Imagine if someone stood outside your house at 100 feet and started firing in the air starting at 6:45 a.m., you would probably find a way to make it stop.

Still waiting on some type of clarification from FWC, many of the folks are out of the office for the holidays, but I'm going to try and get my Father to get something together that will help clarify the understanding of some of the laws.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 10:45 am

Reckless discharge only applies when firing on the site of a dwelling, not on a public lake. If your on public property shooting towards and onto public property, you in no way shape or form are being reckless. Period. The distance you are to a house is irrelevant as long as your not shooting onto private property. Please read the actual text of the statute and stop adding your opinion to come to a misguided conclusion.

And a vehicle is NOT a vessel.

You keep trying to caution folks to abide by a law that doesn't exist. Please stop, unless you can factually articulate why my post is wrong with evidence found in statute. A judge can't find you guilty of a law that's not on the books.
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 10:58 am

GAbirdhunter wrote:790.15[EM SPACE]Discharging firearm in public or on residential property.—
(1)[EM SPACE]Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.
(2)[EM SPACE]Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)[EM SPACE]Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The question is can firing a gun within a distance of a home or structure be considered reckless or negligent by a judge, or could a boat be considered a vehicle?

What distance? 10.'or 1,000'? There is no law that gives a distanced so no distance is required. Also, a vessel is NOT A vehicle under state law


The law is left open to interpretation in the way it is written is all I'm saying and could be argued either way,

No it's not. The law is very clear. You have failed to show any law that could possibly be construed to make your argument make logical sense.

not to mention someone firing a shotgun 100 feet from someone's house at legal shooting time could argue that noise ordinances were violated.

Nope. see 790.33. Even if it were illegal for the aforementioned reason, distance to a residence wouldn't matter as the whole lake would fall under the ordinance so your point is moot.


Bottom line is that we as hunters need to be aware that everyone doesn't share our same views, or share the same understanding. Because it isn't written expressly in the law, does it make it right, certainly not.

We're not discussing morality, we're discussing legality. two totally different topics.

We as hunters, who are also in the minority, need to set an example as to how we go about things in the right way through conservation and ethics. I promise you if enough people start setting up in front of everyone's lake house because they believe they are "within the law" that law will be changed in favor of the majority. Many of the lakes you all now have the privilege of hunting won't be there forever if this type of mindset continues. Imagine if someone stood outside your house at 100 feet and started firing in the air starting at 6:45 a.m., you would probably find a way to make it stop.

Legal is legal whether you like it or not.

Still waiting on some type of clarification from FWC, many of the folks are out of the office for the holidays, but I'm going to try and get my Father to get something together that will help clarify the understanding of some of the laws

I spoke with fwc this morning. You are wrong .


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Re: hunting near docks/homes

Postby tmclaimerFL » Mon Dec 23, 2013 11:52 am

Mitchell clarify tis for me. What about a lake that has a public ramp, but that ramp has a gate on it for a community/apartment complex that I have access to? Does that make it public still? Also, any lake that you may live on that may not have public access via ramp, is it still considered legal to hunt?
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Re: hunting near docks/homes

Postby whaknstak » Mon Dec 23, 2013 11:56 am

If the hoa owns the ramp they can control who has ingress and egress. If you dont have permission to use their private ramp they can tell you to leave. If you don't it's felony trespass.

If you have legal access to a public body of water, be it a riparian owners dock, it's open to hunt or fish
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