NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: Ivars on September 16, 2017, 06:22:53 PM
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9.36.050 Discharge of Weapons and Other Instruments Unlawful.
It shall be unlawful for any person, except as provided in this chapter, to fire or discharge,
within the corporate limits, or on any property of the City of Lincoln outside of the corporate limits,
any air rifle, toy pistol, toy gun, slingshot, or any other air, gas, or spring operated gun, weapon,
apparatus, or instrument for the purpose of throwing or projecting missiles of any kind by any means
whatsoever in such a manner as to endanger the safety of persons or property, whether the
instrument is called by any name set forth above or by any other name. (Ord. 15625 §5; July 9,
1990: P.C. §9.28.040: Ord. 9382 §2; January 22, 1968: prior Ord. 3489 §9-103; July 6, 1936).
So does this mean shooting a pellet gun in your backyard is legal as long as it's being done safely? Who decides what's safe? Omaha's ordinance is much less ambiguous and states that the projectile must not leave your property.
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in such a manner as to endanger the safety of persons or property
if your not shooting it at a person or shooting out windows then as i read it you should be fine but i am not a lawyer lol
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As folks have been ticketed for Bow and Arrow in their Privacy Fenced back yard, and a couple teens got busted for Airsoft, I wouldn't risk it. BUT do voice your concern to your city council member. Cyndi Lamm has looked into it and believes it goes too far and would like to change many of these ordinances, but needs support and traction to get started. (She prayed that Statewide Preemption would pass- would make it easier ;) )
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If in doubt I'd contact the City Attorney, but doubt you'd like the answer. The way I've always interpreted that ordinance was no go to any of the above. But I'm sure others will be by soon that are more qualified to comment than I. Although years ago I knew bow hunters that would stand by the street in front of their house and shoot into their garage. Glad I'm not in the city proper. :P
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I've always assumed the same thing.
If someone told me pellet guns are illegal in town, I'd say that sucks but makes sense. Now if you tell me Nerf guns are also illegal I'd call BS.
It appears the city does not differentiate between the two and allows for discretion by law enforcement which always makes me uneasy.
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Agreed, it's written as broad as possible, very similar to Omaha's ordinances.
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A law written by lawyers. to be figured out by lawyers, and un readable for the general public to understand
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You know there is no Constitutional right to breathe air. So why not just outlaw breathing air and then let the police have discretion over when to enforce the law. They could protect us real good then.
The Declaration of Independence does make reference to a right to life, which you'd think would include breathing air, but that right is not codified in the Constitution. So there is nothing I can see stopping our caring big brothers and sisters on the Lincoln City Council from protecting its citizens by giving the police this important tool.