hypothetical...sorta

NotUndeadYet wrote:Did they charge you with anything? It sounds like you had a neighbor call a complaint, been quarreling with anyone? Did they ask to see your handgun permit? I know you don't need one to carry a handgun your own property, I would assume the same to be true of any other firearm as long as you weren't being threatening with it. By the way, this isn't very hypothetical, is it?

msredneck wrote:As far as I'm concerned, if you were on your property...not brandishing the gun at anyone driving by.

I'd say - Have a nice day officer

Remember, if some nosey neighbor calls about a dude with a gun...The cops are obligated to come check it out.

It really wastes their time, but they gotta do it...so don't fault them....get even with the nosey neighbor with nothing better to do.

§ 21-21-35. Powers of municipality to provide assistance.

Any municipality shall have the power by resolution or order of its governing body to make provision for or to authorize its mayor or chief administrative officer or chief of police to make provision for its regularly employed law enforcement officers to assist any other municipality, when in the opinion of the mayor or other officer authorized to declare a state of civil emergency in such other municipality, there exists in such other municipality a need for the services of additional law enforcement officers to protect the health, life and property of such other municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity.

Any municipality shall have the power to send law enforcement officers of its municipality on loan to assist other municipalities in the state in undercover work or as a special agent to combat crime. The chief administrative officer or chief of police of a municipality shall have the power to assist other chief administrative officers or chiefs of police upon a written or oral request from such municipalities; provided, however, that an oral request must be followed by a written authorization. In addition, any municipality may loan any law enforcement officer to any other law enforcement agency of the state or of any political subdivision of the state for drug enforcement purposes, the expense of the officer to be paid by the agency to which the officer is assigned.

msredneck wrote:My family had 250 acres annexed by the City of Clinton a few years ago...

You mentioned 3 acres...In Clinton, the law reads you must have at least 10 acres and be 100 yards away from a dwelling to discharge a firearm....

I'm sure it varies by municipality....

A whole lot of this all depends on the officer having to make the trip out to check on things...I'd say the officer had no cause to search in the scenario that was provided by 3spop...The gun that was in question was a long gun anyway

msredneck wrote:You mentioned 3 acres...In Clinton, the law reads you must have at least 10 acres and be 100 yards away from a dwelling to discharge a firearm....

I'm sure it varies by municipality....

§ 45-9-51. Prohibition against adoption of certain ordinances.

Subject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components.

§ 45-9-53. Exceptions.

(1) This section and Section 45-9-51 do not affect the authority that a county or municipality may have under another law:

(a) To require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(b) To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:

(i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:

1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

(ii) A center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber discharged:

1. On a tract of land of fifty (50) acres or more and more than three hundred (300) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of tract;

(c) To regulate the use of property or location of businesses for uses therein pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51 or subparagraph (e) of this section;

(d) To regulate the use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public. However, the provisions of this section shall not apply to the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

(e) To regulate the storage or transportation of explosives in order to protect the health and safety of the public, with the exception of black powder which is exempt up to twenty-five (25) pounds per private residence and fifty (50) pounds per retail dealer;

(f) To regulate the carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a nonfirearm-related school, college or professional athletic event; or

(g) To regulate the receipt of firearms by pawnshops.

(2) The exception provided by subsection (1) (f) of this section does not apply if the firearm was in or carried to and from an area designated for use in a lawful hunting, fishing or other sporting event and the firearm is of the type commonly used in the activity.

§ 45-9-57. Regulation by county of discharge of any firearm within platted subdivision.

A county may regulate the discharge of any firearm or weapon, other than a BB gun, within any platted subdivision. However, no county may prohibit the discharge of any firearm or weapon on land, if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner.

§ 97-37-30. Willful discharge of a firearm toward the dwelling of another causing damage to property or domesticated animal or livestock.

A person who willfully discharges his firearm toward the dwelling of another, causing property damage to the dwelling or any domesticated animal or livestock, is guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both.

Generally no unit of local government may adopt an
ordinance that restricts the possession, transportation, sale,
transfer, or ownership of firearms or ammunition or their
components. No local unit of government may regulate the
discharge of shotguns, air guns BB guns or bow and arrow on
tracts of land over 10 acres. No local unit of government may
regulate the discharge of center-fire or rimfire rifles, pistols,
revolvers or muzzleloaders on tracts of land over 50 acres in
size.