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Agenda - 03-22-2016 - 6-a - Minutes
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Agenda - 03-22-2016 - 6-a - Minutes
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3/18/2016 12:31:45 PM
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BOCC
Date
3/22/2016
Meeting Type
Regular Meeting
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Agenda
Agenda Item
6a
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Minutes 03-22-2016
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20 <br /> 1 Where I'm going with this is, if the county is going to require that I erect and maintain said <br /> 2 signs, of a certain type, in a certain manner, for the protection of others, then will the county <br /> 3 step in and protect me from civil and criminal lawsuits in the event of an injury or death? In <br /> 4 other words, since the county is requiring me as a land owner and shooter to do this, then it <br /> 5 seems only logical that the county has removed my responsibility and liability for injury or death <br /> 6 (criminal and civil) due to firearm activity. Since the property is clearly marked (by county <br /> 7 regulation) then the argument of "I didn't see it," by a Trespasser should thereby be null and <br /> 8 void, as the county has recommended, required, and concluded that this is more than adequate <br /> 9 to prevent wrongful injury or death to those unknowing of the discharge of firearms on said <br /> 10 property. That in turn, puts a tremendous legal burden on the county if something like this <br /> 11 should occur. <br /> 12 In addition, this amendment could potentially and inadvertently pave the way for further <br /> 13 amendments that incorporate even more cumbersome restrictions. As I stated earlier, for me <br /> 14 and many others, it is very foreseeable the installment of an inspection process for backstops <br /> 15 or properties where private landowners shoot on a regular basis (see previous paragraph and <br /> 16 apply accordingly). Could this amendment lead into further restrictions on shooting times and <br /> 17 dates? No shooting on certain holidays? Noise ordinance restrictions? Excessive calls to law <br /> 18 enforcement for perceived violations? In many ways, this amendment seems to burden the <br /> 19 average land owner and shooter with requirements that aren't even as strict as they are for <br /> 20 currently operated for-profit shooting ranges, according to the existing regulations. <br /> 21 <br /> 22 With those things said, let me attempt to reason through the perceived need for such a <br /> 23 restrictive amendment. In my mind I can foresee where the perceived need for this amendment <br /> 24 came from. Likely a "backyard shooter" or shooters who are constantly and recklessly engaging <br /> 25 in the unsafe discharging of firearms, likely, in an area of higher population density. No shock <br /> 26 there, I've seen it myself and was simply left to shake my head at the complete ignorance and <br /> 27 stupidity of such actions. With the proposal of this amendment, and this sort of situation, my <br /> 28 thoughts take off into how the county could deal with this type of situation without restricting the <br /> 29 rights of so many others. We have all seen too many times in the history of legislation, where <br /> 30 good intentions with a law often restrict many that it was never intended to affect. Why let the <br /> 31 actions of a few"bad apples spoil it for the rest of us," one could ask. So I question the county <br /> 32 about such a situation with the laws and tools that is already has available to it. If someone <br /> 33 were constantly shooting, in close proximity, to others at "all hours of the night", wouldn't that <br /> 34 constitute as a noise violation? Could someone who engaged in this sort of behavior, for <br /> 35 valueless reasons, be considered to be disturbing the peace? Especially if it is something that <br /> 36 happens in a regular manner and easily definable as a deliberately harassing gesture. If <br /> 37 someone is shooting in an unsafe manner (firing on to someone else's property or discharging <br /> 38 a firearm without means for ensuring the safety of others), wouldn't that be considered reckless <br /> 39 endangerment or better yet criminal negligence? Surely both carry a higher penalty and fine <br /> 40 than a simple misdemeanor, which I would much rather see someone charged with for this type <br /> 41 of behavior. As I repeat, any person who pick-ups a firearm, in my opinion, has immediately <br /> 42 signed a binding contract that requires them to protect the safety of everyone and everything <br /> 43 around them. I mean that in a literal sense. Any responsible shooter knows several things right <br /> 44 off the bat; treat every firearm as if it were loaded, keep <br /> 45 <br />
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