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Thread: Discharging firearms in and out of city limits...

  1. #1
    Premium Member AZinAK's Avatar
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    Question Discharging firearms in and out of city limits...

    Just curious as to the rules/regulations for up here pertaining to the discharging of firearms. I know them for Arizona, but every state is different and I am trying to figure out what they are up here. How close to a structure, how close to an inhabited structure, etc. I am all about guns as I have hunted since an early age, own many guns, am in the military, and am and have been for quite awhile, an NRA member...but a guy shooting off his back porch within 50 yards of my house with my two little ones running in circles got me thinking...I am more of the "there's a time and place" kind of guy. I live in a very nice, established neighborhood. The lots are +/- 1 acre so it's not like there's tons of space between the houses. My house is actually set back from his so he is shooting in essence past my place. I asked him nicely to not shoot here and explained that my four and one year old are playing nearby, and he seemed to be understanding of it...that's not really an issue it seems...just got me wondering if I asked him to do something that he has every right to do...I'm not about infringing someones rights...Just trying to get some insight, thanks in advance...

    AZinAK

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    Member JOAT's Avatar
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    You realize this state is like half the size of the rest of the USA and has quite a few "cities" in it. Might help if you picked which city you're talking about as they are all different.
    Winter is Coming...

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    Moderator Paul H's Avatar
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    If it's in the municipality of Anchorage, it's illegal. In the Matsu municipality I don't know what if any setbacks there are, but there could also be covenents.

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    Member kodiakrain's Avatar
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    Default not sure myself

    In a relatively small town Kodiak, I hear a shot cut loose now and then and always wonder....

    Are the Troopers called in on stuff like that? What if I cut loose a round in my garage or something. Knew a guy who had a big 3" steel pipe set into the ground in his garage for reloading (experiments ?) or whatever. He was a gunsmith so I figured he had some reason for wanting to pull the trigger on a round now and then without going to the range?

    That was an Old Timer, then I'm over there once and he is working on a handgun,(.22LR) trying to get it to cycle cleanly and he walks over to the door, opens and fires off a clip into a woodpile out side, (down and five feet away) well that was outside city limits but it seemed wild to me. Not dangerous but wild for the neighbors to figure out

    As far as shooting off the back porch, that seems like a common sense thing, Nahhhh,
    Don't need the govt. to tell me anything about that.
    Ten Hours in that little raft off the AK peninsula, blowin' NW 60, in November.... "the Power of Life and Death is in the Tongue," and Yes, God is Good !

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    Member big_dog60's Avatar
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    I am not aware of any borough law preventing it. How ever from a practical sence you should only shoot when and where it is approprate.
    I don't think it is uncalled for to ask your neighbor to be considerate of others.

    If you are conserned about "infringing on his rights" then ask him to give you a heads up before shooting so you can ensure your children are safe before hand.

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    Member stevelyn's Avatar
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    Depends on where you are. Some places have a total prohibition on it. Others don't get wound up about it as long as you exercise a little common sense.
    Now what ?

  7. #7
    Premium Member AZinAK's Avatar
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    Smile Sorry and thanks...

    Sorry for the late reply. I am still trying to figure out exactly where I fall for the rules and regs. I live near Hart Lake in Wasilla, but I'm pretty sure I am outside of city limits even though my address says Wasilla. Like I said before, definitely not trying to go after the guy or anyone else for that matter. Just trying to figure out the different rules. Thanks to you who have posted...I agree that really it's more of a common sense thing although there isn't always much of that to go around it seems. Appreciate it!!!

    Be safe...

    AZinAK

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    The relevant state law:

    Title 29. Municipal Government
    Chapter 35. Municipal Powers and Duties
    29.35.145. Regulation of Firearms.
    (a) The authority to regulate firearms is
    reserved to the state, and, except as specifically
    provided by statute, a municipality may not
    enact or enforce an ordinance regulating the
    possession, ownership, sale, transfer, use,
    carrying, transportation, licensing, taxation, or
    registration of firearms.
    (b) Municipalities may enact and enforce
    ordinances
    (1) that are identical to state law and that have
    the same penalty as provided for by state law;
    (2) restricting the discharge of firearms in any
    portion of their respective jurisdictions where
    there is a reasonable likelihood that people,
    domestic animals, or property will be
    jeopardized
    ; ordinances enacted or enforced
    under this paragraph may not abridge the right
    of the individual guaranteed by art. I, sec. 19,
    Constitution of the State of Alaska, to bear arms
    in defense of self or others;



    So, the municipal governements can restrict discharge within the town limits.



    Fairbanks:

    Sec. 46-293. Unlawful discharge of a firearm. A person other than a peace officer while on duty commits the offense of unlawful discharge of a firearm if he intentionally discharges any firearm except in defense of person or property or on or in a regularly established shooting gallery or rifle range.

    (Code 1960, § 6.507)



    Anchorage:

    8.25.030 Discharge of firearms. A. It is unlawful for any person to knowingly:

    1. Shoot, discharge or flourish any firearm, air rifle or air pistol within the Municipality of Anchorage except in those areas open to the public for lawful hunting or upon established shooting ranges.

    2. Have in his possession or under his control, or use or discharge, a firearm while such person is under the influence of intoxicating liquor or a controlled substance listed under AS 11.71.140 through 11.71.190.

    B. This section shall not apply to any officer of the United States, the state or the municipality who is authorized to use firearms in the enforcement of any law or ordinance and who is actually engaged in such enforcement.

    C. Violation of this section shall, upon conviction, be punished by a fine of not more than $10,000.00 or imprisonment for not more than one year, or both such fine and imprisonment. In addition, the firearm shall be forfeited to the Municipality of Anchorage. If the conviction under subsection A. of this section is for the discharge of a firearm from a vehicle, the court may order forfeiture of the defendant's interest in the vehicle to the municipality in addition to any other penalties.

    (GAAB 18.05.010.D; AO No. 98-59(S), § 1, 5-19-98; AO No. 2003-73, § 3, 4-22-03)

    State law references: Misconduct involving weapons in the second degree, AS 11.61.195.








    Wasilla:

    9.12.010 Discharge of firearms prohibited.

    Except as provided in Section 9.12.020, no person may:
    A. Discharge a firearm within the city limits; or
    B. Discharge a firearm on or across a lake or other body of water within the city limits; or
    C. Intentionally point or aim any firearm or other dangerous weapon, loaded or otherwise, at any person. (Ord. 09-26(SUB) § 2, 2009: prior code § 13.04.010)
    9.12.020 Discharge of firearms permitted.

    Section 9.12.010 does not prohibit the discharge of a firearm:
    A. By a peace officer in the performance of his or her duty;
    B. By any person when lawfully defending persons or property, or preventing crime;
    C. Within the corporate limits of the city at locations specifically designated by the council. The safety of person(s) will come first at all times; or
    D. On a firing range for the general public permitted under Title 16:
    1. In the industrial or public zoning districts.
    2. After obtaining a conditional use permit from the planning commission. (Ord. 09-26(SUB) § 3, 2009: prior code § 13.04.020)






    Matanuska-Susitna Borough Code only seems to restrict shooting based on noise disturbance.

    http://nt5.scbbs.com/cgi-bin/om_isapi.dll?clientID=340628868&advquery=firearms& depth=2&headingswithhits=on&hitsperheading=on&info base=matsubor.nfo&record={811F}&softpage=PL_frame

  9. #9
    Premium Member AZinAK's Avatar
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    Thumbs up Wow...

    Rep point on it's way...that was what I was looking for...really appreciate the leg work on that. My situation like I said is really regardless of the laws as my children' safety is number one, but I am all about education and understanding when involving yourself in anything...Once again, thanks for the info...

    AZinAK

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    Juneau you must be a 1/4 mile from any roadway.

  11. #11

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    we where shooting air rifles in his backyard one day down in CA area and we found out that the local pd seam to think that a airrifle is the same as a regular weapon when fireing it in the person backyard .. so places are a little stange about you just shooting a air rifle out in the back yard

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