Sunday, April 23, 2006

I today had a permit class of one person ... he was from Otter Tail County.

He had a question that was regarding the law of shooting in a rural area.

He lives in rural Otter Tail County in an area with no local Police Department. There is a neighbor that has on occassion fired a shotgun (while on his own private property) for clay target shooting. Apparently the shots fired would go over a gravel public road.

His question was whether or not there is any regulation about shooting that near or over a public road, even if otherwise safely done.

I responded that in most rural areas the only restriction in general was that the target shooting must be done safely, but I am not aware if there is a statutory rule about roads etc.

So my question is:

1. is the shooting over a gravel public road inherently dangerous so that even if the shooter is on private property (his own) that the act itself is prohibited; and,

2. is there any statutory distance from roads or other structures etc. or is it just the general "be safe" provisions ?

I found some hunting legislation about shooting over an improved road, but did not find something on the specific point and was hoping someone here knows the answer so I don't waste too much more time researching this

Paul Horvick

I can ask one of the cops next time I am at my cabin.

FWIW, we were shooting a 22 at some spinning targets my neighbor up there on Big Pine Lake made in his shop. There's a big hill for a backstop, and it's quite safe. The police don't mind, and it's only a few dozen yards from highway 53.

And that would have to be in the big game section of the DNR game laws, which it would be illegal.
You can stand in the middle of a road and shoot a pheasent sitting in the center of that road. Safe practice, probably not. Legal, yes. One of our local DNR Officers use to start out his presentation to the kids in our Minnesota Firearm Safety class with that same question. Most answer no, but that is only listed as illegal when hunting big game, not small game. Don't know off hand where turkeys come in to this.

Clearly it depends on the size of the turkey.

Shooting accross a road is illegal atleast for hunting and probably for other type of shooting as well.

Nope. As Cobb said, that state law refers only to big game hunting.

There are city ordinances about shooting near roads, but out in the sticks, there's nothing I've found.

Called the DNR got the statute.

http://www.revisor.leg.state.mn.us/stats/97B/

I personally think it is not a good idea to discharge a firearm across a road for anything but self-defence.

Exactly as we said, big game animals, not small game.

Turkeys were officially big game until this year. Now they're not; according to the licensing requirements. But, you still need a special license, site tag, and stamp to take one, so they're not quite in the general classification of small game.

DON'T SHOOT ACROSS A ROAD - YOU ARE ASKING FOR TROUBLE.

Well, of course, that is obvious. But, there are roads and there are roads. The original question pertained to a very lightly travelled gravel road. It apparently is legal (if not wise).

I did hear back from the local Sheriff and he concurred that in rural areas that do not have any rules on discharging firearms, that this shooter's actions were probably legal if not done recklessly or in manner to be disturbing the peace etc.