"Hunting near residence" answer

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"Hunting near residence" answer

Postby tknight006 » Wed Sep 19, 2012 8:01 am

I just got off the phone with the Northeast division of FWC.

My question was regarding how far you have to be from property when hunting waterways (such as st. johns river). Everyone seemed to give their opinion and I heard every thing from 500ft, 300 yards, 1,000 feet etc, so I figured we should clear it up.

The answer I was given was "There is no set distance that you must maintain, you simply cannot shoot over, or onto a property. If shooting towards a property, your ammunition cannot touch this premises."

It is my recommendation that you make sure you don't set up too close, so that you don't end up on their property as the tide goes out.

This can be found on their site, or in the florida statues Chapter 790.15

I hope this helps with anybody else who was wondering.

Happy hunting
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Re: "Hunting near residence" answer

Postby BLR » Wed Sep 19, 2012 9:20 am

Thanks!

Glad you gave the actual statue to reference
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Re: "Hunting near residence" answer

Postby bdub » Wed Sep 19, 2012 9:41 am

Thanks for the clarification. I know that some lakes in GA actual have regs that state you must be 300 yrds or whatever from any dwelling, bridge, dock,ect...
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Re: "Hunting near residence" answer

Postby drjon » Wed Sep 19, 2012 5:42 pm

Hate to muddy the water, but there are county ordanances that will apply as well. This is why I left regulatory law enforcement, you have to dig to find the answers. Even the enforcers don't know off-hand a majority of the time, and need to review the the ordanances, rules, and statutes. There is no consolidated location other than a library for all the overlapping laws. Often you will hear an opinion without and citing from the S.O. Office, FWCC, or any other agency. Always ask for the citing, politely, cuase usually they take it the wrong way instead of genuine curiosity and desire to know the facts. Thank you for getting the info with a cite. Sorry, that I don't have the ordanace info, but 53 counties, I think, and each has its own is to hard to do.

And, just to add my experience from the enforcement side. Its luck of the draw if you get an officer that understands descretion. I would always give the persons the location of where to find the answer if not show it to them.

Thanks again for the extra effort.
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Re: "Hunting near residence" answer

Postby rummya87 » Wed Sep 19, 2012 8:11 pm

fun fact: when you're hunting, you're being governed by multiple sets of "law"

Let me preface this by saying that I'm no lawyer, and this isn't legal advice. Here are some resources...

1. Florida Statutes - can be found here at online sunshine http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

2. Florida Administrative Code, particularly chapter 68 as adopted and regulated by FWCC http://www.flrules.com
Use "advanced search" and find chapter 68, I wouldn't even bother searching the FAW database, no LEO has probably ever even seen or read any of the FAW's

3. Municipal ordinances for the town/area you're hunting in or around ... http://www.municode.com

To top it off, case law interpreting all of these statutory laws and administrative regulations apply
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Re: "Hunting near residence" answer

Postby waterdogds » Thu Sep 20, 2012 5:05 am

I've talked to a warden before, and it's truly amazing what they know and do not know. I have a friend that found this out the hard way. Hey was deer hunting on some private land, where he THOUGHT that he was at an acceptable distance from property line. There weren't any fences, posted signs, or any way my buddy knew where the actual property line was located (entirely his fault). He ended up shooting and killing a deer. Upon retrieving the deer, he was approached by two FWC officers, who had been hiding near by watching my buddy the entire time. Apparently, the neighboring land owner was aware of how close my buddy was to property line and called FWC. They tried to charge him with what they called, trespassing with a projectile. He had to hire a lawyer, and fight it. He was eventually cleared of his charges. But he told me, that worse case scenario, he would have been charged with a felony, and lost future gun and hunting rights.

Point being, know where your at and be mindful of which direction private property is from your position. It could affect your hunting forever.
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Re: "Hunting near residence" answer

Postby tknight006 » Thu Sep 20, 2012 5:48 am

I called 1-800-ASK-GARY.....
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Re: Re: "Hunting near residence" answer

Postby whaknstak » Thu Sep 20, 2012 6:24 pm

drjon wrote:Hate to muddy the water, but there are county ordanances that will apply as well. This is why I left regulatory law enforcement, you have to dig to find the answers. Even the enforcers don't know off-hand a majority of the time, and need to review the the ordanances, rules, and statutes. There is no consolidated location other than a library for all the overlapping laws. Often you will hear an opinion without and citing from the S.O. Office, FWCC, or any other agency. Always ask for the citing, politely, cuase usually they take it the wrong way instead of genuine curiosity and desire to know the facts. Thank you for getting the info with a cite. Sorry, that I don't have the ordanace info, but 53 counties, I think, and each has its own is to hard to do.

And, just to add my experience from the enforcement side. Its luck of the draw if you get an officer that understands descretion. I would always give the persons the location of where to find the answer if not show it to them.

Thanks again for the extra effort.


Due to state preemption of the regulation of firearms, and last year's revision allowing civil penalties to municipalities, local ordinances prohibiting possession or discharging of weapons that do not fall in line with state statute are null and void and cannot be enforced. Only the state of florida and fwc can regulate firearms or ammunition. Check out florida statute 790.33 for details.
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Re: Re:

Postby drjon » Thu Sep 20, 2012 8:16 pm

whaknstak wrote:
drjon wrote:Hate to muddy the water, but there are county ordanances that will apply as well. This is why I left regulatory law enforcement, you have to dig to find the answers. Even the enforcers don't know off-hand a majority of the time, and need to review the the ordanances, rules, and statutes. There is no consolidated location other than a library for all the overlapping laws. Often you will hear an opinion without and citing from the S.O. Office, FWCC, or any other agency. Always ask for the citing, politely, cuase usually they take it the wrong way instead of genuine curiosity and desire to know the facts. Thank you for getting the info with a cite. Sorry, that I don't have the ordanace info, but 53 counties, I think, and each has its own is to hard to do.

And, just to add my experience from the enforcement side. Its luck of the draw if you get an officer that understands descretion. I would always give the persons the location of where to find the answer if not show it to them.

Thanks again for the extra effort.


Due to state preemption of the regulation of firearms, and last year's revision allowing civil penalties to municipalities, local ordinances prohibiting possession or discharging of weapons that do not fall in line with state statute are null and void and cannot be enforced. Only the state of florida and fwc can regulate firearms or ammunition. Check out florida statute 790.33 for details.



I think that applies to the "Field of Firearms" not the use of the firearms, say sooting a firearm within a certain distance of a residence or park, for example. I'm not a lawyer, and I may be wrong, and I acknowledge the fact. But I don't think it allows for me hunt the ducks, that tease me every day on the golf course behind my house not inside the city limits. I think the county ordanance is the prevailing rule.

I greatly appreciate your citing of the statute, that is what I was refering to in my previous post. I applogize for not having the cite for my counties ordnance on hand, I'll find one when I have time to illustate, unless I'm wrong. Thanks for the info.
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Re: "Hunting near residence" answer

Postby whaknstak » Fri Sep 21, 2012 4:51 am

(1) PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.


What the statue means is that counties cannot enforce ANY ordinance regulating firearms posession or storage in any way. It was established in 1987 with the concealed carry legislation, but until last year there was no penalties for breaking the law. Prohibiting firearms or their use is against state stautute, and most municipalities have removed their unlawful ordinances from their books. Several insisting on violating state law are facing litigation and civil charges unless they remove the unlawful ordinances. If you don't mind, pm me the county and the ordinance and I will relay the info to a friend to take a closer look at it.

Not saying this allows you to hunt ducks in a holding pond that isn't yours, just want to shed light on an issue many people don't know about.
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"Hunting near residence" answer

Postby troutman561 » Fri Sep 21, 2012 7:58 pm

tknight006 wrote:I called 1-800-ASK-GARY.....

I was under the impression it was spelled 'acks' Gary.

On a serious note, good reading and good info guys.
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Re: Re:

Postby Capt Jeff Kraynik » Wed Sep 26, 2012 8:19 am


Due to state preemption of the regulation of firearms, and last year's revision allowing civil penalties to municipalities, local ordinances prohibiting possession or discharging of weapons that do not fall in line with state statute are null and void and cannot be enforced. Only the state of florida and fwc can regulate firearms or ammunition. Check out florida statute 790.33 for details.



This is correct, there are no more city or county ordinances covering firearms laws, PERIOD!!!

The only statutes that can enforced is under 790.

If a LEO enforces any other firearms laws, he will be held personally libal in the amount of $5000.00 & the agency he works for in the amount of $20,000 which "can not" be claimed under the League of Cities insurance policy.

All the FWC LEO's & most local LEO are well aware of this change due to the liability that is attached.

I know in our agency, there was an imediate policy change that we all had to sign that we received & read it.

Thsi is why you can now have steel & lead shot in your posession while in the field.

With the new law changes & hunting, curtiosy if the new catch phrase!!!
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Re: "Hunting near residence" answer

Postby rummya87 » Wed Sep 26, 2012 4:23 pm

we'll see what caselaw says as courts grapple to construe this statute. i suspect that this will ultimately end up with the state occupying everything but actual use of the arms, and municipalities/agencies regulating the use. Reason being that a town way out in the wilderness and jacksonville, orlando, miami, etc don't exactly have the same needs in regard to the use of the firearms. Notice the statute purposely leaves out the word "use" from its enumerated acts and the catchall.
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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Wed Sep 26, 2012 4:46 pm

There is no grappling with the case law, it is now the law.

Only FSS 790 statutes can be enforced within the State of Florida per the Florida Supreme Court.

Most if not all cities have already removed their ordinances from the books.

We've got our marching orders both from the Florida Supreme Court & the Attorney Generals Office.
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Re: "Hunting near residence" answer

Postby whaknstak » Wed Sep 26, 2012 6:42 pm

PREEMPTION.—Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the WHOLE field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof to the exclusion of ALL existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. ANY such existing ordinances, rules, or regulations are hereby declared null and void.



there will be no need for case law. It's cut and dry. Municipalities cannot regulate firearms. preemption covers ALL regulation. There is no grey area. The catch all is not the list, its the verbiage dealing in absolutes. "Whole" and "any" are the keys to the statute, the list just provides clarity to the intent.
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Re: "Hunting near residence" answer

Postby drjon » Thu Sep 27, 2012 6:37 pm

Does this mean we can use the county parks that aren't near any residences as area for target shooting? I not trying to be a smart a--, I don't know since its public land, I wouldn't be hunting, it's not zoned for residence, it's not a WMA. Does that mean the county park rules on shooting for recreational practice are void?
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Re: "Hunting near residence" answer

Postby whaknstak » Fri Sep 28, 2012 3:15 am

Unless the property is expressly approved for hunting, discharging a firearm would violate 790.15 discharging a firearm in a public place, which is a misdemeanor. "Expressly approved for hunting" means property open for hunting during a posted season.

Unless your county park is open for hunting, you could not discharge a firearm. You could also get hit with open carry of a firearm 790.053 also a misdemeanor, as you can't legally be hunting, therefore you cannot open carry.

Both are FS and still enforceable.
Last edited by whaknstak on Sat Dec 21, 2013 7:39 pm, edited 1 time in total.
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Re: "Hunting near residence" answer

Postby nativefla777 » Fri Sep 28, 2012 3:05 pm

Hey Capt Jeff, in your post you said one CAN now possess lead while in the field? I was under impression that in 1991 the Federal Gov't made it illegal to possess toxic shot wile waterfowl hunting. Can you please clarify your statement. Thank you
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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Fri Sep 28, 2012 4:08 pm

You can possess it if you're also hunting snipe, rabbits, doves.

You "can not" use it to shoot ducks.

LEO's have to physically catch you/see you shooting ducks with lead.

Prima Facia posession is no longer a reason to be charged.

It does make it harder for LEO's to enforce but also allows the hunter not have to come back to the ramp, change out ammo, then go back out & hunt snipe/dove/rabbits.

Just one bad arrest will cost the LEO $5000.00 out of his pocket, not his department. :hammer:

Best advice is to still keep the ammo separate & of course not bring any lead into a NWR.
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Re: "Hunting near residence" answer

Postby marshnole11 » Fri Sep 28, 2012 4:45 pm

So does this means that now you can hunt on any public waterway?? Because there were several counties and cities that had firearm ordinances that made it illegal to duck hunt in. Spots scattered up the the east coast and even some west coast spots that the only thing outlawing hunting would have been the local regulations.

Im assuming that as long as you are not in a state preserve/state park/NWR that you are in the clear?
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Re: "Hunting near residence" answer

Postby whaknstak » Fri Sep 28, 2012 5:03 pm

From everything I have been told, as long as the game your hunting is in season, your abiding all state rules and regulations, and your on public property, the ordinance preventing you from possessing that firearm cannot be enforced, and you can freely hunt it. Just don't shoot onto private property as that is trespass by projectile
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Re: "Hunting near residence" answer

Postby Capt Jeff Kraynik » Fri Sep 28, 2012 5:06 pm

marshnole11 wrote:So does this means that now you can hunt on any public waterway?? Because there were several counties and cities that had firearm ordinances that made it illegal to duck hunt in. Spots scattered up the the east coast and even some west coast spots that the only thing outlawing hunting would have been the local regulations.

Im assuming that as long as you are not in a state preserve/state park/NWR that you are in the clear?


Yes, many hunters have already been contacting agencies on the west coast in regards to the Tampa Bay Islands
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Re: Re: "Hunting near residence" answer

Postby whaknstak » Fri Sep 28, 2012 5:18 pm

Capt Jeff Kraynik wrote:You can possess it if you're also hunting snipe, rabbits, doves.

You "can not" use it to shoot ducks.

LEO's have to physically catch you/see you shooting ducks with lead.

Prima Facia posession is no longer a reason to be charged.

It does make it harder for LEO's to enforce but also allows the hunter not have to come back to the ramp, change out ammo, then go back out & hunt snipe/dove/rabbits.

Just one bad arrest will cost the LEO $5000.00 out of his pocket, not his department. :hammer:

Best advice is to still keep the ammo separate & of course not bring any lead into a NWR.


This is true, but only to an extent. A federal warden will ruin your day for having lead in your blind bag. As the capt mentioned at the end, just be cautious when playing with fire......
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Re: "Hunting near residence" answer

Postby drjon » Sat Sep 29, 2012 3:57 pm

Capt, thanks for the insight, I'm very happy this as been cleared, the state park rules of DEP, county and city ord's, always made it near impossible for laymen to get clear guidance, especially before online sources.

BTW, anyone know where to find free online state of fl rules, like FWC's 68 in it entirety.

It looks like some open water blinds in Indian and Banana river might be a good option now. :beer:
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Re: "Hunting near residence" answer

Postby whaknstak » Sun Sep 30, 2012 7:57 am

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