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FIREARMS - excessive noise? (Oklahoma)

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MacFromOK

Junior Member
What is the name of your state? Oklahoma

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^
----------------------
Paved county road
----------------------
|-------|------|
|-------|------| <-- his property
|-------|------|
|-------|
|-------| <-- my property (our houses are both near the county road above)

In the last month or so, my neighbor has been shooting high-powered rifles and large caliber handguns in his back yard (he reloads his own ammo), 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.

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 a problem.

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/okstatutes/completetitles/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.

I have not talked to the neighbor about this yet (only met him twice since he bought the place several months ago), I'd just like to know if I have any legal leverage before addressing the issue.

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?

Thanks, Mac
 


MacFromOK

Junior Member
pojo2 said:
Go talk to the neighbor he may have no idea how annoyed this makes you.
I do plan to talk to him if the shooting continues (two wonderfully quiet days so far!). But as I stated, I'd like to know what legal options (if any) are available. It could make a big difference if he insists on shooting whatever/whenever he wants. ;)

Thanks, Mac
 

MacFromOK

Junior Member
I may have found something here. Can you legal experts post an opinion as to whether this Oklahoma state statute applies to my situation? Thanks.

Btw, I added bold text to what would apply IMO, but then again I'm no legal expert....

------------------------
§21-1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or
threatening language.

If any person shall willfully or maliciously disturb, either by day or night, the peace and quiet of any city of the first class, town, village, neighborhood, family or person by loud or unusual noise, or by abusive, violent, obscene or profane language, whether addressed to the party so disturbed or some other person, or by threatening to kill, do bodily harm or injury, destroy property, fight, or by quarreling or challenging to fight, or fighting, or shooting off any firearms, or brandishing the same, or by running any horse at unusual speed along any street, alley, highway or public road, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment, at the discretion of the court or jury trying the same.
Laws 1910-11, c. 58, p. 135, § 1; Laws 1968, c. 83, § 1, emerg. eff. April 1, 1968.
------------------------

Thanks again, Mac
 

tholt4

Member
Search you state's laws (if any) against discharging a firearm within so many feet/yards of a residence.
 

MacFromOK

Junior Member
tholt4 said:
Search you state's laws (if any) against discharging a firearm within so many feet/yards of a residence.
Thanks tholt4, but I've searched http://www2.lsb.state.ok.us/tsrs/os_oc.htm (an online Oklahoma statutes and constitution site) about every way I can think of (including wild cards). The only thing I found mentioning distance is the following (under §29-5-204), and it doesn't seem to apply to a residence:

A. No person may hunt, pursue game or discharge firearms within four hundred and forty (440) yards of any church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage.

That's why I'd like an opinion on the last statute I posted (§21-1362) above, it's about the only thing that seems close to my situation.

Thanks, Mac
 
Last edited:

divgradcurl

Senior Member
MacFromOK said:
I may have found something here. Can you legal experts post an opinion as to whether this Oklahoma state statute applies to my situation? Thanks.

Btw, I added bold text to what would apply IMO, but then again I'm no legal expert....

------------------------
§21-1362. Disturbance by loud or unusual noise or abusive, violent, obscene, profane or
threatening language.

If any person shall willfully or maliciously disturb, either by day or night, the peace and quiet of any city of the first class, town, village, neighborhood, family or person by loud or unusual noise, or by abusive, violent, obscene or profane language, whether addressed to the party so disturbed or some other person, or by threatening to kill, do bodily harm or injury, destroy property, fight, or by quarreling or challenging to fight, or fighting, or shooting off any firearms, or brandishing the same, or by running any horse at unusual speed along any street, alley, highway or public road, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not to exceed One Hundred Dollars ($100.00), or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment, at the discretion of the court or jury trying the same.
Laws 1910-11, c. 58, p. 135, § 1; Laws 1968, c. 83, § 1, emerg. eff. April 1, 1968.
------------------------

Thanks again, Mac
Your problem is going to be trying to prove that, by firing his guns, he "willfully or maliciously disturbed" you. In other words, it would appear (from the language of the statute) that you would need to show that he was firing his weapons for the purpose of distrurbing you -- that's where the "willfulness" or "maliciousness" comes into play.

Now, there may be caselaw of other statutes in your jurisdiction that cover your situation, but based on a reading of this particular statute, and given the facts as you've laid them out, it doesn't sound like this statute really covers the case at hand.
 

MacFromOK

Junior Member
Ah, I see.

So when does "willfulness" come into play?

I understand if he doesn't realize he's disturbing us, then he should be notified first. But after notification, would his actions then be considered "willful" if he continues? Or is it still just target practice?

Thanks, Mac
 

divgradcurl

Senior Member
MacFromOK said:
Ah, I see.

So when does "willfulness" come into play?

I understand if he doesn't realize he's disturbing us, then he should be notified first. But after notification, would his actions then be considered "willful" if he continues? Or is it still just target practice?

Thanks, Mac
Well, it would probably depend, at least in part, on what your state's caselaw says. However, typically it requires some proof of intent. Whether continuing to pursue a lawful activity after being notified that it bothers you would be considered a willful nuisance, well, like I said, that would likely depend on caselaw. Typically, however, you need some evidence that he knew it bothered you, and that he did it TO bother you.

That's why it might be tough to go after him under this statute -- you need that evidence of willfulness. Maybe having a witness there, when you ask him to stop, and he says he's going to keep doing it and doesn't care about you, maybe that's enough proof. Maybe evidence that he does it late at night or something. You'll need to consult your local caselaw to find out what courts in your jurisdiction typically view as sufficient evidence to find willfulness.

EDIT: My point is this -- if he is engaging in a lawful activity, the fact that he continues to do so, even if he has been informed that it bothers you, is probably not evidence of willfulness. It's a legal activity, he's allowed to do it, he's just not allowed to do it for the sole purpose of harassing you, and that might be hard to prove.

That said, there is no reason why you couldn't talk with a lawyer to see about a civil cause of action for nuisance.
 
Last edited:

MacFromOK

Junior Member
Well, I found an Oklahoma supreme court decision that clarifies the definition of a "nuisance" somewhat, in that it does not have to be malicious or have criminal intent (I added the bold text):

"Nuisance, as defined at 50 O.S. 1981 @ 1, consists in unlawfully doing an act, or omitting to perform a duty, which act or omission annoys, injures, or endangers the comfort, repose, health or safety of others; or, in any way renders other persons insecure in life, or in the use of property. Thus, the term "nuisance" signifies in law such a use of property or such a course of conduct irrespective of actual trespass against others, or of malicious or actual criminal intent, which transgresses the just restrictions upon use or conduct which the proximity of other persons or property imposes. It is a class of wrongs which arises from an unreasonable, unwarranted, or unlawful use by a person or entity of property lawfully possessed, but which works an obstruction or injury to the right of another."

Is this along the line of what would be needed? The case cited does include a noise complaint (BRISCOE v. HARPER OIL CO - a farmer versus an oil co).

Oklahoma state statute 50 is here:
http://www2.lsb.state.ok.us/okstatutes/completetitles/os50.rtf

The OK supreme court case law is a large PDF file here:
http://lsgifund.com/SMU/text.pdf

Thanks, Mac
 

ambrelite

Member
My neighbor fires guns and throws pipe bombs
around his land.
You said you have had 2 days of quiet so far.
As long as this does not happen every single day
you should learn to tolerate it. Buy ear plugs.
Also talk to him about it in a nice, friendly nonjudgemental way.
He proably has no idea this bothers you
since you own guns too. He might want you to go out
and join him with your firearms.
You could go out and fire yours the same time he does.
Can a silencer be put on his firearms?
If so give him a silencer as a gift and tell him
you like your hearing and don't want to lose it.

Does this guy wear ear protection when he does this?
If he does, walk over to him while he is doing it
and ask him if he has an extra pair for you because your
losing your hearing and your ears are about to explode.
Just tell him that and see what he says.

I know how it is, I have neighbors shooting guns
and throwing bombs. They don't do it everyday.
And I have no room to complain because I fire guns too.
I have also found that if I leave when they start doing it,
like take a drive to town or to the store and come back
they are not doing it anymore. I don't know why that works.
but it does. I just leave and come back and they stop.
Good Luck, I hope you can work something out soon.
 

MacFromOK

Junior Member
ambrelite said:
As long as this does not happen every single day
you should learn to tolerate it. Buy ear plugs.
While I appreciate you and others taking the time to reply, I am actually only interested in the legal aspect of the situation at this point. And with all due respect, I've lived here for 30+ years and have managed to get along with the neighbors pretty well during that time.

If you (and some others) had read all my previous posts, you'd know that I plan to speak with him before doing anything. In fact, I do not want either him or myself to be unhappy or annoyed with the other.

But if you think I'm going to wear earplugs in my own home, you are sadly mistaken. I'll put up a sound barrier or sell this place first.

Thanks, Mac
 

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