Discharging Firearm...

[bigproblems11]

Hello All,

I live in Michigan. I live up north and have a very big backyard. I recently purchased an AK-47 from a local store. I was shooting the gun out of my backyard when a police officer pulled up to my driveway. He can in my house, took the gun and took pictures of empty shells and then wrote me a ticket for reckless endangerment with a firearm which is a misdamenor. I was wondering what can happen with this and if I will get my gun back? Also, do you guys think I should get a lawyer for this or just go there myself?

 

[Litigation!]

Hello All,

I live in Michigan. I live up north and have a very big backyard. I recently purchased an AK-47 from a local store. I was shooting the gun out of my backyard when a police officer pulled up to my driveway. He can in my house, took the gun and took pictures of empty shells and then wrote me a ticket for reckless endangerment with a firearm which is a misdamenor. I was wondering what can happen with this and if I will get my gun back? Also, do you guys think I should get a lawyer for this or just go there myself?

My response:

Congratulations! You really are an idiot!


IAAL

 

[outonbail]

Hello All,

I live in Michigan. I live up north and have a very big backyard. I recently purchased an AK-47 from a local store. I was shooting the gun out of my backyard when a police officer pulled up to my driveway.

You were shooting an AK-47 in your back yard,,,,,

Just exactly how big is your back yard? I hope the answer is in the general area of several miles!

He can in my house, took the gun and took pictures of empty shells and then wrote me a ticket for reckless endangerment with a firearm which is a misdamenor.

Depending on the size of your back yard, I would have to say you're guilty of reckless endangerment and then some. If your back yard does not extend for several miles in the direction you were shooting this gun, you may even be guilty of manslaughter and just don't know it yet.
Do you have any idea as to what distance the rounds fired from an AK-47 have the potential to be lethal? Obviously not or you wouldn't be shooting it in your back yard like it's some sort of BB gun!

I was wondering what can happen with this and if I will get my gun back?

Your neighbors must just love having a guy like you living near by. You spray high velocity rounds from a military assault rifle for several miles in a completely irresponsible and reckless manner and your only concern is if you'll get your toy back,,,,,, unbelievable!

Also, do you guys think I should get a lawyer for this or just go there myself?

You certainly need someone to do your thinking for you.

 

[USMC1775]

You don't need an Attorney you need the **** slapped out of you.

 

[CdwJava]

I suspect you meant that you had an SKS ... NOT an AK 47 ...

Caliber, mm 7.62
Cartridge 7.62x39
Sighting radius, mm 378
Length, overal, mm 870
Barrel Length, mm 415
Magazine capacity, rds 30
Sighting range, m 800
Weight w/empty magazine, g 4300
Weight w/loaded magazine, g 4876
Rate of fire, rds/min 600
Muzzle velocity, m/s 700
Killing range, m 1500
Rifling Grooves 4
Rifled Bore, mm 378

Say ... that's a killing range of just a few feet under 1 mile!

You must have one heck of a big back yard!!!

- Carl

 

[Jack_David]

I think you should probably get a lawyer.

Was it legal for you to discharge a firearm where you live? Do you live within city limits, or do you live in a more rural area? Judging from what you said happened I'm going to assume that you live within city limits, and that it was not legal for you to discharge a firearm within said city limits.

Although I will say that its entirely possible that it was legal, and you had some anti-gun police officer that was ignorant of the law didnt know any better and assumed you had comitted a crime. However if that was the case I would find it surprising that he didnt try to arrest you for having one of those "evil assault rifles."

I'm going to go out on a limb and say that you probably shouldnt have been such a 'tard and actually looked into your local gun laws a little bit first.

If what you say is true about the misdemenor well then you might be lucky in that it is not a felony and thus if convicted you should not lose your right to keep and bear arms, along with all the other stuff having a felony does to you. As for if you get your rifle back after the trial if you are convicted, maybe someone else can chime in.

 

[Jack_David]

Depending on the size of your back yard, I would have to say you're guilty of reckless endangerment and then some. If your back yard does not extend for several miles in the direction you were shooting this gun, you may even be guilty of manslaughter and just don't know it yet.

Most rifle rounds travel a couple to several hundred yards at most, the only rifle rounds that I know offhand that can do a mile+ would be .50cal and up.

I wouldnt say that just shooting in your backyard is a reckless act, but for a rifle you would probably want some space, and most importantly a good backstop. The range I shoot at locally has a 100yard range with a 10 foot dirt berm surrounding it on 3 sides.

 

[Jack_David]

I suspect you meant that you had an SKS ... NOT an AK 47

In states other than California and a handful of others its entirely possible to buy semi-automatic AK-47 clones.

Althought its not uncommon for some people to confuse the two. On the news it happens alot, whenever there is a story about some drug bust or something similar plenty of times they will report AK-47s being confiscated but in actuality the weapons are SKSs.

 

[badapple40]

We still don't know how big his backyard is.

I have an uncle (actually 2 uncles) who own adjoining properties (farmland/woods) in Bracken County, Kentucky. Between the both of them, it is some 450 acres. We usually go down there and shoot AR-15s, shotguns, rifles, pistols, etc. We also hunt the properties during deer season (and offseason use firearms for "pest" control -- e.g. coyotes, because they attack the chickens they have).

If the local police showed up and made a similar charge, it would be bogus, because no one is being endangered.

It depends on how big this guy's backyard is, and, to some extent, what the surrounding area looks like.

If he is in a residential neighborhood, with 1/2 acre lots, I'd say he is screwed. If he's on a 30 acre farm, I'd say the charge sounds bogus.

 

[CdwJava]

In states other than California and a handful of others its entirely possible to buy semi-automatic AK-47 clones.

Althought its not uncommon for some people to confuse the two. On the news it happens alot, whenever there is a story about some drug bust or something similar plenty of times they will report AK-47s being confiscated but in actuality the weapons are SKSs.

Quite true. The actual number of Kalishnikov rifles (AK-47s) here is very few. Hence my suspicion that it is an SKS or a similar knockoff.

- Carl

 

[bigproblems11]

Ok first of all you guys must be confused a little let me explain.

I DO live in a rural area and my backyard is about 2 acre then behind my backyard is just a corn field which is another 100 acres...

In the state of Michigan AK-47 Assault Rifle is LEGAL, if you are 18 you can go buy one from your local sporting goods store.

 

[CdwJava]

Ah yes ... I see from a few Google searches that MI seems to be a little lenient when it comes to the sale and regulation of firearms.

Well, if you were IN your backyard shooting this rifle off, I can still see justifying a charge of reckless discharge. 2 acres is not all that large, and with an effective kill range of more than 9/10 of a mile I'd be a tad nervous if you were popping off a whole lot of rounds, too.

I'm guessing this is the section you were charged with:

752.863a Reckless, wanton use or negligent discharge of firearm; penalty.

Sec. 3.

Any person who shall recklessly or heedlessly or wilfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others shall be guilty of a misdemeanor.

Thus it sounds like the burden will be on the officer and/or witnesses and complainants to show that the acts were reckless. I know that even out here where I live (in farm and ranch country) people don't go cranking off rounds next to their neighbors. if they want to go play with their rifle they go far out into the fields so that an errant round is not likely to kill someone.

- Carl

 

[acmb05]

Your also missing the fact that in Michigan it is illegal to fire a weapon within 500 feet of a home, regardless if it is your home or not. Hence the recklass endangermant citation.

Dont expect to get your weapon back either.

 

[Jack_David]

Your also missing the fact that in Michigan it is illegal to fire a weapon within 500 feet of a home, regardless if it is your home or not. Hence the recklass endangermant citation.

Dont expect to get your weapon back either.

http://www.nraila.org/GunLaws/StateLaws.aspx?ST=WI

According to this site.

It is unlawful to discharge a firearm while on the lands of another within 100 yards of any building devoted to human occupancy without the express permission of the owner or occupant. "Building" does not include any tent, bus, truck, vehicle or similar portable unit.

That being said I think what is really important to know is what exactly were you shooting at? Was there a backstop of any kind? Were you shooting at targets hanging from something, or were you just plinking at stuff lying at the ground.

If you were shooting at hanging targets, or something on a stand with no backstop I think that is really stupid because the bullet can travel pretty far past that, but I do know that people will shoot at old computers and other random junk on the ground, and IMO as long as you are shooting downards that doesnt have a big risk of rounds flying onto someone elses property.

IMO all that is pretty important in deciding if your actions were "reckless" or not.

What did you tell the police, or what do they know, did they catch you in the act, or did they come after the fact. If I were you I wouldnt try to explain anything to the police as they can probably use whatever you tell them against you at trial. Get a lawyer and I think you have a good chance of fighting it.

Also you might want to repost this over at the ar15.com forums, they have state specific forums and I'm sure you can find people there who know more about your state laws and such.

http://www.ar15.com/forums/forum.html?b=8&f=21

 

[bigproblems11]

We were firing it in the air or on the ground. There is no way the bullets couldve gone anywhere. Also, does the cop have the right to come in my house and take pictures and stuff?

Lastly i wanted to know if you guys knew the consequences of this? Is it jail time? Probation or just a fine?