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Backyard gun ranges? Pinellas County Commission not satisfied with status quo

 
Published April 7, 2015

CLEARWATER — Frustrated by the state Legislature's refusal to consider restrictions on backyard gun ranges, the Pinellas County Commission on Tuesday agreed to seek its own remedies. Commissioners directed the county attorney and administrator to research what actions the county might take to prevent gun ranges that could risk public safety.

The direction came at the request of Commissioner Ken Welch, who said he was "outraged" by the lack of action when a St. Petersburg man — a neighbor of Welch's — constructed a makeshift gun range in his backyard earlier this year. It was only after public pressure, and a free membership to a commercial gun range, that the neighbor agreed to take it down.

In response, State Rep. Darryl Rouson, D-St. Petersburg, proposed setting more limits on shooting a gun on residential property, but a House panel voted down the idea in March.

"I just don't feel comfortable with us just throwing up our hands and waiting for something to happen," Welch said.

It's unclear what avenue the county could take, however.

Under current law, it's legal to fire a weapon on residential property, unless it's done "recklessly or negligently." Rouson argued this language isn't specific enough. And a state law adopted a few years ago allows city and county officials to be penalized for adopting local gun ordinances. Local officials could be removed from office and face personal fines of up to $5,000 for passing gun regulations.

Marion Hammer, lobbyist with the National Rifle Association, called Rouson's bill unnecessary and said existing law goes far enough to prohibit shooting in back yards.

"I'll be happy to call Marion Hammer or her lawyer and say, explain that to me, but I have yet to hear an interpretation that would unbind law enforcement hands," said county attorney Jim Bennett.

Pinellas County Sheriff Bob Gualtieri has said "reckless'' and "negligent'' deal with a person's actions, and not the actual construction or location of the gun range. With vague wording in statutes and no case law as a guide, he said deputies would almost need to witness shots being fired to determine if a gun owner was behaving recklessly.

Contact Tony Marrero at tmarrero@tampabay.com or (727) 893-8779. Follow @tmarrerotimes.