Clay county FL. Question????

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Clay county FL. Question????

Postby ClayFL » Sat Nov 30, 2013 7:21 pm

Does anyone know of any city or county ordinance in regards to duck hunting within Clay County? I read that you must be a minimum of 300ft from someone's property line? I copied the ordinance.

"Sec. 15-2. Discharge of firearms.
Any person who knowingly discharges any firearm on any county public road, highway or street, or any person who knowingly discharges any firearm over any county public road, highway or street or within three hundred (300) feet of the property line of property on which an occupied premises is located without the permission of the owner or occupant shall be guilty of a second degree misdemeanor, punishable as provided in section 1-8 of this Code. This section shall not apply to any person lawfully defending life or property or performing official duties requiring the discharge of a firearm. As used herein, the term “firearm” shall have the same meaning as provided in Section 790.001(b), Florida Statutes, or any successor thereto.

Mainly I hunt Black Creek and I would like to avoid jail. Seeing that 90% of the creek is privately owned and few parts are more than 300ft wide I'm having a hard time comprehending this.
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Re: Clay county FL. Question????

Postby tmclaimerFL » Sat Nov 30, 2013 8:15 pm

All county and/or city ordinances regarding firearms are null and void according to statute 790. I dont see how the creek can be privately owned since I would think its all public water. Any shoreline that may be posted should be the only private property considered. So long as you are not discharging on a persons property or shooting over it then you are in the clear. Whaknstak will probably follow up on this because he knows the law like the back of his hand.
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Re: Clay county FL. Question????

Postby dogyak » Sat Nov 30, 2013 9:52 pm

I live in Clay . A lot has change here due to more homes being built just like all around the state . Used to hunt Blackcreek , but no more because of people bitching to the police . The last time at the boat ramp , they ask us not to hunt down that way anymore because of the people making reports . The ramp off Hwy 17 . To many tree huggers there now . There are better places down off the St Johns a little south with no problems . We even had the police called on us for training retrievers off cr 215 out of city limits cause we had a shotgun and were using poppers . The law said a lady driving by saw us in the field and thought we should be reported ,lol ! They laugh it off and told of to have a nice day and yes we own that place too !
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Re: Clay county FL. Question????

Postby whaknstak » Sun Dec 01, 2013 2:27 am

There are zero enforceable gun ordinances in this state. See Florida statute 790.33 as Joe mentioned. No minimum distance from dwelling in statute. You simply can't shoot onto someone's private property without permission.

That said, legal is legal. Whether adjacent land owners like it or not, or the local SO tells you not to hunt there, if your violating no law, then you can lawfully hunt there. You don't need permission to hunt public land. I don't know the specifics on that particular creek in regards to sovereignty, but if it has a public ramp its public water.

Stay off land above the ordinary high water mark and don't shoot into properly posted private property. Look at your local property appraisers website to see the boundaries around that particular body of water. Also, do some research on Florida law to verify all this for yourself. Don't just take our word for it. Be positive on what you can or can't do because armed trespass is a felony. Being informed will keep you out of trouble.

Good luck!
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Re: Clay county FL. Question????

Postby ClayFL » Sun Dec 01, 2013 7:08 am

I just read FL State Statute 790.33 to me they are referring to the purchase and possession of firearms? I enjoy the convenience of being able to hunt locally and don't mind explaining myself to the sheriffs office or game warden. What I find to be the most frustrating part is when you contact these agencies they won't explain any of this and say "we can't offer legal advice". I don't understand how clarification of a law or ordinance can be construed as "legal advice"

Below I have pasted the statue 790.33 for additional comments and review.


Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.33 Field of regulation of firearms and ammunition preempted.—
(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.
(2) POLICY AND INTENT.—
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
(3) PROHIBITIONS; PENALTIES.—
(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein.
(b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor.
(f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and
2. The actual damages incurred, but not more than $100,000.
Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.
(4) EXCEPTIONS.—This section does not prohibit:
(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.
(5) SHORT TITLE.—As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.”
History.—ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183; s. 1, ch. 2011-109.
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Re: Clay county FL. Question????

Postby whaknstak » Sun Dec 01, 2013 7:43 am

Clay county cannot in any way shape or form create a law regulating firearms in any way. Period. No enforceable law exists requiring you to be 300 feet from a residence, nor is there any law that I'm aware of prohibiting you from hunting that creek.
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Re: Clay county FL. Question????

Postby YJSONLY » Sun Dec 01, 2013 8:25 am

So along the line of this subject...

If there is a city ordnance to not allow dis charging a firearm in the city.... Can you shoot ducks out of said lake?

Reason I ask there is a lake and half of it is in the city the other is not. And determine where said line who knows. This is public.
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Re: Clay county FL. Question????

Postby ClayFL » Sun Dec 01, 2013 9:11 am

According to the sensus so far under the State Statute 790.30 no county or municipality can impose any regulations restricting to use or possession of firearms. All state statutes still apply. I would suggest stopping by the police department and asking them about any ordinance that would restrict legal duck hunting activity. If they say there is I would ask how SS790.30 applies to them. Hopefully they'll be more helpful.
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Re: Clay county FL. Question????

Postby tmclaimerFL » Sun Dec 01, 2013 9:33 am

YJSONLY wrote:So along the line of this subject...

If there is a city ordnance to not allow dis charging a firearm in the city.... Can you shoot ducks out of said lake?

Reason I ask there is a lake and half of it is in the city the other is not. And determine where said line who knows. This is public.

If it has public access, i.e a boat ramp, it's public water. Doesn't matter what side the city owns. You need to be reasonable about where you are shooting though.


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Re: Clay county FL. Question????

Postby whaknstak » Sun Dec 01, 2013 9:37 am

YJSONLY wrote:So along the line of this subject...

If there is a city ordnance to not allow dis charging a firearm in the city.... Can you shoot ducks out of said lake?

Reason I ask there is a lake and half of it is in the city the other is not. And determine where said line who knows. This is public.


The city cannot regulate the discharge of a firearm. They don't have the authority. Its illegal.
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Re: Clay county FL. Question????

Postby whaknstak » Sun Dec 01, 2013 9:42 am

ClayFL wrote:According to the sensus so far under the State Statute 790.30 no county or municipality can impose any regulations restricting to use or possession of firearms. All state statutes still apply. I would suggest stopping by the police department and asking them about any ordinance that would restrict legal duck hunting activity. If they say there is I would ask how SS790.30 applies to them. Hopefully they'll be more helpful.


Only the fwc can regulate hunting. Local municipalities cannot say that you can't hunt where it is legal per state law. See article 5 section 9 of state constitution
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Re: Clay county FL. Question????

Postby whaknstak » Sun Dec 01, 2013 9:46 am

http://www.duckhuntingchat.com/forum/viewtopic.php?p=1988531#p1988531

I just bumped this thread to the top of the Florida page. It has more in depth content on the subject.
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Re: Clay county FL. Question????

Postby YJSONLY » Sun Dec 01, 2013 10:19 am

whaknstak wrote:
YJSONLY wrote:So along the line of this subject...

If there is a city ordnance to not allow dis charging a firearm in the city.... Can you shoot ducks out of said lake?

Reason I ask there is a lake and half of it is in the city the other is not. And determine where said line who knows. This is public.


The city cannot regulate the discharge of a firearm. They don't have the authority. Its illegal.


By what you were saying that is what it sounded like. Ok this lake has only a few homes and even fewer birds but I just wanted to be clearer on the subject.
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Re: Clay county FL. Question????

Postby birdyhunter » Sun Dec 01, 2013 11:59 am

YJSONLY wrote:
whaknstak wrote:
YJSONLY wrote:So along the line of this subject...

If there is a city ordnance to not allow dis charging a firearm in the city.... Can you shoot ducks out of said lake?

Reason I ask there is a lake and half of it is in the city the other is not. And determine where said line who knows. This is public.


The city cannot regulate the discharge of a firearm. They don't have the authority. Its illegal.


By what you were saying that is what it sounded like. Ok this lake has only a few homes and even fewer birds but I just wanted to be clearer on the subject.

Sounds like its 100% legal for us to hunt the whole lake brother. Its on saturday lol.

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