[MacFromOK]

Hey guys,

Well, here's the deal...

I live in a rural area of southern Oklahoma, and have a neighbor within a couple hundred feet of my brick home. We are not in a city, township, or any such thing, and it's about 6-8 miles to the nearest "city", which has a population of less than a thousand people.

My property is approx 208 ft W x 520 ft L (2 1/2 acres), I'm guessing the neighbor's is approx 160 W ft x 270 ft L (1 acre). They are located something like this:

      ^West^
--------------------
   County Road
--------------------
  |       |      |
  | mine  | his  |
  |       |      |
  |       |______|
  |       |
  |       |
  |       |
  |_______|

In the last month or so, my neighbor has been shooting a high-powered rifle in his back yard (he reloads his own), and the noise is almost deafening in my house, especially the bedroom. It actually makes me flinch most of the time at my computer in the den (the farthest point away), and I'm not all that jumpy. Sometimes he shoots it for an hour or more, and started one morning at 8:30 am.

I am also NOT "anti-gun", as I have several firearms myself. If the guy was just plinking with a low velocity .22 (or whatever), this wouldn't even be an issue.

I called the sheriff's office for info, and the deputy I spoke with said (somewhat sarcastically) "that man has every right to shoot a gun on his own property".

Oklahoma Law ( http://www2.lsb.state.ok.us/okstatut...itles/os50.rtf ) protects against an UNLAWFUL activity which "Annoys, injures or endangers the comfort, repose, health, or safety of others". The problem seems to be that shooting is not "unlawful", but then I'm not a lawyer either.

So what's your take on this? Was the deputy wrong in his response? Or am I just out of luck on getting peace and quiet during the daytime?

Lol, or maybe ya know a pro bono lawyer in Oklahoma...

Cheers, Mac

[katonca]

Have you talked to him about the situation?

[angelize56]

Hi Mac! Wouldn't that fall under "disturbing the peace"! I'd pursue the matter...not only is it noisy...it could be dangerous if a stray bullet comes your way!

[katonca]

That's a good point, what is he using for a target for this large cal rifle?

[katonca]

I go skeet shooting on a state range. Probably 50 yards from the nearest house. I try and go in the afternoon as to not bother anyone, but it still must be very annoying.

[angelize56]

Looked it up for you Mac....sounds like "disturbing the peace" to me!

"Elements of Disturbing the Peace: It shall be unlawful for any person to:

1. Make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise in such manner as to annoy, offend, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of normal auditory sensitivity residing in the area.

http://www.uslegalforms.com/lawdiges..._the_peace.htm

[Mulderator]

Mac--you'd likely win a lawsuit to enjoin him from the activity if its heard in the city. A country judge probably wouldn't grant it.

Although good advice was given to talk with your neighbor--be nice--ask him if he could do it at certain times that would annoy you least--a compromise if you will--much cheaper and much better solution.

[Wino]

Hello, mac!

Get some noise cancelling ear muffs or ear plugs - two way win........can't hear the wife nag, either..................you have Texas roots, so just shoot the SOB!

[angelize56]

Wino....Mac will be needing Mulder's pro bono services if he follows your wise advice!

[bassetman]

Originally Posted by MacFromOK

Hey guys,

Well, here's the deal...

I live in a rural area of southern Oklahoma, and have a neighbor within a couple hundred feet of my brick home. We are not in a city, township, or any such thing, and it's about 6-8 miles to the nearest "city", which has a population of less than a thousand people.

My property is approx 208 ft W x 520 ft L (2 1/2 acres), I'm guessing the neighbor's is approx 160 W ft x 270 ft L (1 acre). They are located something like this:

      ^West^
--------------------
   County Road
--------------------
  |       |      |
  | mine  | his  |
  |       |      |
  |       |______|
  |       |
  |       |
  |       |
  |_______|

In the last month or so, my neighbor has been shooting a high-powered rifle in his back yard (he reloads his own), and the noise is almost deafening in my house, especially the bedroom. It actually makes me flinch most of the time at my computer in the den (the farthest point away), and I'm not all that jumpy. Sometimes he shoots it for an hour or more, and started one morning at 8:30 am.

I am also NOT "anti-gun", as I have several firearms myself. If the guy was just plinking with a low velocity .22 (or whatever), this wouldn't even be an issue.

I called the sheriff's office for info, and the deputy I spoke with said (somewhat sarcastically) "that man has every right to shoot a gun on his own property".

Oklahoma Law ( http://www2.lsb.state.ok.us/okstatut...itles/os50.rtf ) protects against an UNLAWFUL activity which "Annoys, injures or endangers the comfort, repose, health, or safety of others". The problem seems to be that shooting is not "unlawful", but then I'm not a lawyer either.

So what's your take on this? Was the deputy wrong in his response? Or am I just out of luck on getting peace and quiet during the daytime?

Lol, or maybe ya know a pro bono lawyer in Oklahoma...

Cheers, Mac

I'm afraid he's probably "legal", but I would ask him nicely (after admiring his rifle ) if he's mind starting later.

[Sarge]

Talk to him about it and if that doesnt work buy a louder rifle than his and fire it when he is most likely sleeping.
J/K

[MacFromOK]

Thanks everyone.

He's shooting toward the east (away from my house and his), toward a pile of dirt and rocks that was bulldozed up when we moved here, right at his property line. So safety isn't really an issue.

As far as "talking to him" - I've only met the guy twice (he bought the place several months ago), the last time being yesterday when he was shooting. I was outside and went to the fence and asked about his rifle/reloading etc. He seems nice enough, but didn't comment when I mentioned it sounds like a cannon.

I'm just wondering whether there's any legal leverage before I address the issue. If he'd just move the discharge area between his house and my shop though, it'd prolly deaden the noise quite a bit.

Angelize, the problem with "disturbing the peace" is that "local laws vary, so they should be consulted for specific requirements in your area". The deputy said there is no such ordinance out here.

Thanks again.

[GoneForNow]

Oklahoma were the wind blews free across the Plains:

§50 1. Nuisance defined.
A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:
First. Annoys, injures or endangers the comfort, repose, health, or safety of others; or
Second. Offends decency; or
Third. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or highway; or
Fourth. In any way renders other persons insecure in life, or in the use of property, provided, this section shall not apply to preexisting agricultural activities.
R.L.1910, § 4250; Laws 1980, c. 189, § 1, eff. Oct. 1, 1980.

§50 2. Public nuisance.
A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
R.L.1910, § 4251.

§50 3. Private nuisance.
Every nuisance not included in the definition of the last section is private.
R.L. 1910, § 4252.

§50 5. Persons liable.
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
R.L.1910, § 4254.

§50 6. Abatement does not preclude damages.
The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
R.L.1910, § 4255.

§50 7. Time does not legalize.
No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
R.L.1910, § 4256.

§50 8. Remedies against public nuisance.
The remedies against a public nuisance are:
1. Indictment or information, or;
2. A civil action, or;
3. Abatement;
R.L.1910, § 4257.

§50 9. Indictment or information.
The remedy by indictment or information is regulated by the law on crimes and punishment and criminal procedure.
R.L.1910, § 4258.

§50 13. Remedies against private nuisance.
The remedies against a private nuisance are:
1. A civil action; or,
2. Abatement.
R.L.1910, § 4262.

§50 14. Abatement of private nuisance.
A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury.
R.L.1910, § 4263.

§50 16. Cities and towns Power to define and summarily abate nuisances.
Cities and towns in this state shall have the right and power to determine what is and what shall constitute a nuisance within their respective corporate limits, and for the protection of the public health, the public parks and the public water supply, shall have such power outside of the corporate limits; and wherever it is practical so to do, said cities and towns shall have the power summarily to abate any such nuisance after notice to the owner, and an opportunity for him to be heard, if this can be given.
Laws 1935, p. 131, § 1.

[MacFromOK]

Lol GB,

Yeah I read those statutes. Care to shed any light on 'em?

The "definition" seems to only cover "unlawful acts" near as I can tell, and apparently local law enforcement thinks so too...

BTW Mulder, thanks for your input.

Cheers, Mac

[LuckyStrike]

In Illinois there used to be a regulation under the conservation code that prohibited the discharge of a firearm within 300 feet of an occupied dwelling without first obtaining the permission of the occupants of that dwelling, but I think that regulation has been repealed. I checked the Oklahoma Wildlife Department website and it appears that the Oklahoma conservation code is less comprehensive than the Illinois conservation code.

Just one suggestion, you may find that Conservation officers have more comprehensive knowledge of firearm related laws in both the conservation code and criminal code than the typical sheriff's deputy. Conservation officers deal with legal use of firearms issues all the time. You could call up the nearest conservation officer and ask him for advice.

Anyway, you might ask yourself, if the situation were reversed what would you want your neighbor to do? Maybe just striking up a friendly conversation and honestly telling him what you have told us would solve your problem.