home range

[armsdealer58]

I have a 25yard range that I built in 1996,my new neighbor built a shelter for his horse 30' from it and the law says I cant shoot on my property because that was the only spot I had 100 yards from my other neighbor,So my question is can I use blank ammo to test fire the guns I repair in my shop.I could not find anything in the Maine state law books on this.O personal ranges at all.

 

[Junglerott]

Does it matter that your range was pre-existing when he built the shelter? You may have an argument there.

 

[armsdealer58]

homerang

I checked with D.A.s office they told me that the laws were put in place to assist the developer and there was nothing I could do.So I thought I would use blanks to test fire repaired guns and I cant find any laws on this is it the same as discharging a firearm with live ammo do you still have to be 100 yards from where you discharge the firearm?.

 

[ptmmatssc]

Here's the thing . You CAN shoot (per law) on your own property as long as you are 300 feet from another home . Horse shelter is NOT a home , so is irrelevant . You may acquire permission from a homeowner if they are less than 300 feet .

As far as noise is concerned , the following is what we have for a law .

http://janus.state.me.us/LEGIS/STATUTES/30-A/title30-Asec3011.html

§3011. Regulation of sport shooting ranges
1. Definition. As used in this section, "sport shooting range" means an area designed and used for archery, skeet and trap shooting or other similar shooting sports and the shooting of rifles, shotguns and pistols.
[ 1995, c. 231, §2 (NEW) .]
2. Limitation. A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.
[ 1995, c. 231, §2 (NEW) .]
3. Expansion of activity. Nothing in this section limits the ability of a municipality to regulate noise produced by the expansion of activity at a sport shooting range.
[ 1995, c. 231, §2 (NEW)

There is also this (the granfather clause for ranges ) .

17 §2806. Sport shooting ranges
1. Acquisition of property near existing range. Except as provided in this subsection, a person may
not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's
property if the shooting range was established as of the date the person acquired the property. If there is
a substantial change in use of the range after the person acquires the property, the person may maintain a
nuisance action if the action is brought within 3 years from the beginning of the substantial change.
[ 1995, c. 231, §1 (NEW) .]
2. Establishment of shooting range near existing property. A person who owns property in the
vicinity of a shooting range that was established after the person acquired the property may maintain a
nuisance action for noise against that shooting range only if the action is brought within 5 years after
establishment of the range or 3 years after a substantial change in use of the range.
[ 1995, c. 231, §1 (NEW) .]
3. Dormant shooting range. If there has been no shooting activity at a range for a period of 3 years,
resumption of shooting is considered establishment of a new shooting range for purposes of this section.

A lot would depend on IF your range was there prior to a home ( not horse shelter ) being built in proximity to you range . Basically , if you have an existing range and someone decides to build a house 100 feet away , and that range was there for at least 5 years prior , they essentially are giving you "permission" just by the fact of knowing it was there BEFORE they built their house .

That's how I read it . YMMV .A good lawyer , not the DA , is someone you may want to speak with on this . DAs are not generally "friendly" to those that are of the RKBA and shooting persuasion , and their info can be suspect.


EDIT: I missed this , but again if your range was there for at least 5 years prior , I don't believe you can be stopped from shooting.They knew the range was there and decided to build their horse shelter anyway . (they DID know it was there I'm guessing) .

11209. Discharge of firearm or crossbow near dwelling
1. Prohibition. A person may not:
A. Unless a relevant municipal ordinance provides otherwise and except as provided in sections 12401 and 12402, discharge a firearm or crossbow within 100 yards of a residential dwelling or a farm building used for sheltering livestock, machines or harvested crops without the permission of the owner or, in the owner's absence, of an adult occupant of that dwelling; or [2005, c. 477, §8 (AMD).]

 

[M1911]

That's how I read it . YMMV .A good lawyer , not the DA , is someone you may want to speak with on this . DAs are not generally "friendly" to those that are of the RKBA and shooting persuasion , and their info can be suspect.

+1

Talk to an experienced lawyer who is working for you. They DA's motivation is different...