Disturbing the peace.

Discussion in 'Legal and Activism' started by Josh1158, Mar 10, 2012.

  1. Josh1158

    Josh1158 New Member

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    I went out shooting today at my inlaws property and had the cops come out and tell me to stop because I was disturbing the peace. Is there anything I can do about panzy *** neighbors that dont like guns?
     
  2. JTJ

    JTJ Well-Known Member Supporter

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    Get a silencer.
     

  3. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    depends on where your in laws live. are they within the city limits? if so, then there may be an ordinance against it. how close are the neighbors? close enough they have concern about a stray shot. you need to find out what the ordinances state, then if in compliance and are able to shoot legally, then there isn't anything they can do about it. having a copy of the ordinances will help and remember they can only enforce the law, not make it.
     
  4. PrimePorkchop

    PrimePorkchop New Member

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    unfortunately, it's not possible to tell you unless we know where you live and whether or not you're in city limits.
     
  5. Millwright

    Millwright Member

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    You don't say where/when this occurred . Depending upon the state/municipality/time of day - even day of the week - it all has a bearing upon the PD response. (I'm presuming you were able to resolve the situation amicably, BTW ! ) Most cops - particularly in rural areas, want to resolve-not create- "issues", IMO ! IOW, demonstration of your concerns for safety might go a hell of a long way with the cops ! Plus label the complainant as a "kook" as well ! >MW
     
  6. Josh1158

    Josh1158 New Member

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    Yeah my bad guys, sorry. I was in manchester which is in washtenaw county in michigan. I was shooting at 3 pm. The sherif said I wasn't breaking any laws. Everything I was doing was legal. I could shoot again tomarow but I had to stop for today.
     
    Last edited: Mar 10, 2012
  7. PrimePorkchop

    PrimePorkchop New Member

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    If that's the case (and you really should verify for yourself, never take the word of an officer where the law is concerned, they're only enforcers, not creators, and they are human - they make mistakes too)

    But if it's indeed not against the law, then it's up to you. If they show up and ask you to stop - you can refuse. If it's not against the law, they cannot tell you to stop.

    You may end up with a battle on your hands, but you will have to be the one who measures which you'd rather deal with - an argument with your neighbors, or submitting to the request of a police officer that has no bearing on the law
     
  8. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    not for sure if this has any real bearing on the matter, but going to throw it out here anyways. his in laws are the property owners/tenants, so technically he is a guest of the owner/tenant. beings they are his in laws, i am making the assumption he has permission, but maybe the in laws need to express the fact he has permission to shoot on their property.
     
  9. PrimePorkchop

    PrimePorkchop New Member

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    that certainly is possible - but if he has a lease agreement to live there, my first thought would be, unless its stated in the lease, then all normal ownership rights would transfer to him.

    In other words, unless the lease says "no guns allowed" he should be able to do it, but again, that would depend 100% on all local laws
     
  10. Josh1158

    Josh1158 New Member

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    I was all good on that. The land owner was in the house. He is just as pissed as I am.
    I didnt even think to refuse to stop. She told me to stop. I even said wtf, there is 15 acrs here. I can hunt here but not shoot paper till I'm blue in the face. She said yep your disturbing the peace. You have to stop till tomarow.
     
  11. willshoum

    willshoum New Member

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    Please define.......

    I don't think you understand, its the loud report from the gun thats causing you problems with the neighbors........ I use to cut loose at all hours after dark with a 12 ga. Not any more day or night because of the pansies and todays cops.... Try the supressor next time.......They will never know what hittem..........{ loud noise ordance} ;)
     
  12. Josh1158

    Josh1158 New Member

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    Yeah it was noise
     
  13. Josh1158

    Josh1158 New Member

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    I shouldnt have to use a suppressor to shoot at 3 in the afternoon.
     
  14. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    you are correct, unless in violation of the lease or state, or city ordinances the tenant has the same legal rights as an owner would. my point was, maybe his in laws need to be involved as they are the owner or tenant. and need to express the fact that he has permission to use their property for target practice. if there isn't any law or ordinance forbidding such activity, then the only way they could forbid such activity is if there is an imminent danger to other residents.
     
  15. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    i agree with you, and when you decide to do it another day, then they will make another complaint. you need to get with a judge or constable or the sheriff's department and find out what the legalities are for that area. knowledge of the law is your best defence in these matters.
     
  16. BigB

    BigB New Member

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    You could always say you're offended by their complaint, seems to work for the libtards!
     
  17. Josh1158

    Josh1158 New Member

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    Lol that did cross my mind.
     
  18. partdeux

    partdeux Well-Known Member

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    Washtenaw, near Ann Arbor... and you wonder why?

    You could try one of the legal beagles on migunowners.com for advice. my non lawyer belief is that disturbing the peace is a really tough thing to prove, and criminal nearly impossible. civilly may be a bit easier to prove, but the sheriff wouldn't have any involvement.
     
  19. PrimePorkchop

    PrimePorkchop New Member

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    The best course is to do your own research of the local laws in your area (state, county, and city) if you find out that its not against the law, then you politely tell the lady officer next time she comes throwing herself around like something badass that she can kindly leave your property unless some law or ordinance is being broken.

    Disturbing the peace is not as clear cut as the title entails. Most of these ordinances have a timeframe and certain exemptions, which is why you can mow your yard in the evening, but some dip **** can't blast his stereo at midnight.

    99% of the time, a Disturbing the Peace ordinance is regulated by the city body of government. You could probably go into your local city hall and request a copy of the ordinance as its' written (might even be available online)

    You could also start here and contact your local Village Council

    http://vil-manchester.org/village
     
    Last edited: Mar 10, 2012
  20. winds-of-change

    winds-of-change The Balota's Staff Member

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    I wonder if you went to talk to the neighbors if something could be resolved. Maybe they had a child napping at that time of day. Who knows. Maybe you two can come to some agreement as to when you can shoot. If they say they don't want you shooting at all..........well, then there's a problem :)