Bullet overflight

by Walter Olson on February 7, 2014

Does it violate your rights when someone’s flying bullet enters your property? Should the law attempt to prohibit that? Or does it depend on the setting and customary land uses in the community? [Insurance Journal on Fla. law]

{ 4 comments }

1 Hank 02.07.14 at 10:12 am

Habeas corpus. Who was harmed? Is it harmful to you if a plane flies over your property? Yes, if it crashes into your house or a person. Otherwise, no.

2 No Name Guy 02.07.14 at 11:12 am

“I said to my wife: ‘Do you know the only rules to discharging firearms on residential property are that you can’t fire over a right-of-way of any paved public road, highway or street, you can’t fire over any occupied dwelling and you can’t fire recklessly or negligently?’” Varrieur said. “That’s it.”

If a person is doing no harm, then so the heck what. The statute makes clear that if a person is being “reckless or negligent” they will be held to account. If you hit someone while target shooting, that, IMO, by definition is reckless as a person following all NRA safety protocols will never “accidently” shoot another.

3 D. Cheney 02.07.14 at 5:30 pm

Those rules are too restrictive.

4 gasman 02.09.14 at 2:05 pm

Hank. Note the article states “A month ago, on Christmas Day, a grandfather in Volusia County was working in his back yard when he was hit in the chest by an errant bullet fired from a neighbor’s yard. Bruce Fleming, 69, died less than an hour later at a local hospital.”

If bullets were overflying your property, you might a howling to the press and police. And doubtful you would see this as a feature to be touted to prospective buyers should you be attempting to sell over-flight property.

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