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Shooting on private property in unincorporated Elbert County.
#1
So. I have long been told, and believed, that we could not shoot on our property where I live. I was told that there was an ordinance against shooting on your property if you lived in a division divided by lots and/or lived on less than 10 acres of land. Today I read the ordinance and I also read the C.R.S. that gives local government the authority to regulate the discharge of firearms in unincorporated areas. I would your input to see if you think I am interpreting this correctly.

I can't copy and paste the text of the ordinance so here is a link to it. Sections 3, 4 & 5 are the most relevant.

http://www.elbertcountysheriff.com/ord/Resolution%2090-20.pdf

Here is the relevant C.R.S. After reading this it appears that even though I live on less than 10 acres and live in a division divided by lots I can legally shoot on my own property.

COLORADO REVISED STATUTES

*** THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO ***

TITLE 30. GOVERNMENT - COUNTY
COUNTY POWERS AND FUNCTIONS
ARTICLE 15. REGULATION UNDER POLICE POWER
PART 3. UNINCORPORATED AREAS - DISCHARGE OF FIREARMS PROHIBITED

30-15-302. Board of county commissioners to designate area



(1) The board of county commissioners of any county in this state may designate, by resolution, areas in the unincorporated territory of such county in which it is unlawful for any person to discharge any firearms, except a duly authorized law enforcement officer acting in the line of duty, but nothing in this subsection (1) shall prevent the discharge of any firearm in shooting galleries or in any private grounds or residence under circumstances when such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence.

(2) No area shall be so designated under authority of subsection (1) of this section unless it has an average population density of not less than one hundred persons per square mile in the area designated, and, before making any such designation, the board of county commissioners shall hold a public hearing thereon at which any interested person shall have an opportunity to be heard. The provisions of article 3 of title 33, C.R.S., concerning the state's liability for damages done to property by wild animals protected by the game laws of the state shall not apply to any area designated by a board of county commissioners under authority of this part 3.

(3) Nothing in this section shall be construed to restrict or otherwise affect any person's constitutional right to bear arms or his right to the defense of his person, his family, or his property.

C.R.S. 30-15-302 (2011)

Thoughts?
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#2
Hello, anyone? No? oh well.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#3
It basically says that if you live in a subdivision, you cant shoot...
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#4
(06-16-2012, 09:11 AM)nkunnen Wrote: It basically says that if you live in a subdivision, you cant shoot...

That is kind of what the ordinance says. But the C.R.S. states this,
Quote: but nothing in this subsection (1) shall prevent the discharge of any firearm in shooting galleries or in any private grounds or residence under circumstances when such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence.


Wouldn't that take the teeth out of the county ordinance. Also it seems that the way the ordinance is written is misleading. I think the purpose is to prevent people from discharging firearms on property not their own. The first paragraph makes you think that you can not shoot on your property. However when you get to # 5 it states the same thing as the C.R.S..



Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#5
(12-18-2012, 12:58 AM)Zhane Canalpan Wrote: It also it seems that the way the ordinance is written is misleading.
I think the purpose is to prevent people from discharging firearms on property not their own.

That is exactly what the ordinance enforces but it is written in a very misleading way.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#6
Any clarification on this issue? We are on 6 acres and it sure would be nice to do some practice with the 22s.
I tend to agree with your interpretation.
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#7
(11-15-2013, 10:35 PM)Cmeyer001 Wrote: Any clarification on this issue? We are on 6 acres and it sure would be nice to do some practice with the 22s.
I tend to agree with your interpretation.

I never consulted an attorney but I am confident that I can shoot on my own property (less than 10 acres).

Just remember that you must have an adequate backstop to prevent any projectile from leaving your property.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#8
Very good. I was thinking of calling the sheriffs office as well and getting their thoughts as well. Will be shooting 22s and 9mm with suppressors so noise shouldn't be an issue. My only concern is I have heard we have had other people shooting on their property and deputies have shown up to tell them to stop. Seems that Elbert county sheriff may be over zealous on enforcement?
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#9
(11-16-2013, 08:25 AM)Cmeyer001 Wrote: Very good. I was thinking of calling the sheriffs office as well and getting their thoughts as well. Will be shooting 22s and 9mm with suppressors so noise shouldn't be an issue. My only concern is I have heard we have had them to stop. Seems that Elbert county sheriff may be over zealous on enforcement?

In my experience it is best to not ask law enforcement for legal advice. You tend to get the answer they want to give or you get an incorrect answer because they don't know the answer but don't want you to know that they don't know. Still with me?

If you really want expert opinion contact a lawyer. Or you can use your understanding of the ordinance and if the deputies show up you can tell them to charge you or go pound sand. How eloquently you state this is up to you.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#10
I would concur...
Jason Anderson
NRA Instructor
Firearms enthusiast
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#11
I think I am going to talk with a lawyer before building the berm.

Just to make sure I dot my i's and cross my t's

I figure with some good legal support and a good berm, nobody will be able to say anything.
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#12
Or perhaps also chat with one of the known gun-supporting County Commissioners and see if they think the law is written appropriately.

With the correct political winds, a clarification to make them clear sometimes results in a stronger, better written, law.
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#13
I've had contact with JeffCo sheriffs when shooting in unincorporated Jefferson County and they didn't give us any problems. We were using Tannerite too, lol. This was just west of C-470.
Free Conceal Classes in Colorado
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#14
(06-13-2012, 06:45 PM)Beau Wrote: So. I have long been told, and believed, that we could not shoot on our property where I live. I was told that there was an ordinance against shooting on your property if you lived in a division divided by lots and/or lived on less than 10 acres of land. Today I read the ordinance and I also read the C.R.S. that gives local government the authority to regulate the discharge of firearms in unincorporated areas. I would your input to see if you think I am interpreting this correctly.

I can't copy and paste the text of the ordinance so here is a link to it. Sections 3, 4 & 5 are the most relevant.

http://www.elbertcountysheriff.com/ord/Resolution%2090-20.pdf

Here is the relevant C.R.S. After reading this it appears that even though I live on less than 10 acres and live in a division divided by lots I can legally shoot on my own property.


COLORADO REVISED STATUTES

*** THIS DOCUMENT REFLECTS CHANGES CURRENT THROUGH ALL LAWS PASSED AT THE FIRST REGULAR SESSION OF THE 68TH GENERAL ASSEMBLY OF THE STATE OF COLORADO ***

TITLE 30. GOVERNMENT - COUNTY  
COUNTY POWERS AND FUNCTIONS  
ARTICLE 15. REGULATION UNDER POLICE POWER  
PART 3. UNINCORPORATED AREAS - DISCHARGE OF FIREARMS PROHIBITED

30-15-302. Board of county commissioners to designate area



(1) The board of county commissioners of any county in this state may designate, by resolution, areas in the unincorporated territory of such county in which it is unlawful for any person to discharge any firearms, except a duly authorized law enforcement officer acting in the line of duty, but nothing in this subsection (1) shall prevent the discharge of any firearm in shooting galleries or in any private grounds or residence under circumstances when such firearm can be discharged in such a manner as not to endanger persons or property and also in such a manner as to prevent the projectile from any such firearm from traversing any grounds or space outside the limits of such shooting gallery, grounds, or residence.

(2) No area shall be so designated under authority of subsection (1) of this section unless it has an average population density of not less than one hundred persons per square mile in the area designated, and, before making any such designation, the board of county commissioners shall hold a public hearing thereon at which any interested person shall have an opportunity to be heard. The provisions of article 3 of title 33, C.R.S., concerning the state's liability for damages done to property by wild animals protected by the game laws of the state shall not apply to any area designated by a board of county commissioners under authority of this part 3.

(3) Nothing in this section shall be construed to restrict or otherwise affect any person's constitutional right to bear arms or his right to the defense of his person, his family, or his property.

C.R.S. 30-15-302 (2011)

Thoughts?

I apologize for rezzing this dead post, but I found this as I explored the legality of using a pellet gun in Elbert County.  I found the following info, which appears relevant to this thread.

http://www.elbertcountysheriff.com/help-with/county-ordinances/

http://www.elbertcountysheriff.com/wp-content/uploads/2017/05/Resolution-90-20.pdf
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