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Sebastian County officials debate firearms complaint [property owner shooting in unincorp area]
The City Wire ^ | 21 Feb 2012 | Aric Mitchell

Posted on 02/22/2012 9:09:55 AM PST by FourPeas

The Sebastian County Quorum Court will not act on complaints from county resident Jamie Mitchell regarding the discharge of firearms in an unincorporated area of the county. Mitchell brought the complaint before court members in late 2011, stating that neighbor Charles Parker was “discharging .50 caliber weapons within 75 feet of his home.”

Responding to a question from court members regarding whether he’d approached Parker about the problem, Mitchell claimed that he had, and that Parker’s response was, “There’s no law against it.”

[snip]

“This is not a Second Amendment issue. I’m simply stating this is a safety issue. Don’t make it more than what it is,” Mitchell said, asking the county to act on his behalf and prevent the discharge of firearms “within an unsafe distance from an occupied dwelling.”

Mitchell continued: “I don’t want to tell someone what they can do on their property. I’m asking for my child’s life not to be put in danger. I have the right to expect the county to stand beside me and say that it’s dangerous.”

Court member Shawn Looper agreed that Mitchell has a legitimate complaint but seemed uncomfortable with the idea of the court regulating the use of firearms in unincorporated areas of the county.

[snip]

My family’s welfare depends on you saying it’s too dangerous to discharge a weapon. If someone wants to give me $5,000, so I can afford a lawyer to take care of this on my own, you’ll never hear from me again. But if you can’t see the danger involved here, then you are blind.”

“He (Mitchell) needs to litigate the matter. Safety issues don’t bow to constitutional issues. For every wrong, the law provides a remedy. Sometimes it’s criminal. Sometimes it’s civil,” Shue said after the meeting.

(Excerpt) Read more at thecitywire.com ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Arkansas
KEYWORDS: banglist; propertyrights
Safety issues don’t bow to constitutional issues.

I expect to hear this a lot more in the not too distant future.

No details of what precautions the property owner is or is not taking. But it's a "safety issue" and therefore trumps The Constitution.


1 posted on 02/22/2012 9:10:02 AM PST by FourPeas
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To: FourPeas
Really, what you have are competing rights. The guy doesn't want his property damaged by a mistake on the part of his neighbor.

If it were me I'd get a firearm of comparable caliber and prepare to defend against any attack ~ however so slight or inadvertent.

That would encourage the neighbor to make sure he takes proper precautions.

Good firearms make good neighbors!

2 posted on 02/22/2012 9:17:32 AM PST by muawiyah
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To: FourPeas
Parker’s response was, “There’s no law against it.”

Case closed.

3 posted on 02/22/2012 9:17:39 AM PST by grobdriver (Proud Member, Party Of No! No Socialism - No Fascism - Nobama - No Way!)
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To: FourPeas

It’s only a safety issue if you’re stupid enough to walk in front of him as he discharges the weapon. And it sure isn’t like you aren’t going to hear it when he does discharge the weapon. Perhaps nervous nelly and his family would be better served by assisting the shooter and learning about weapons instead of shouting, “I’ll SUE you!!”


4 posted on 02/22/2012 9:18:00 AM PST by RonInNaples
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To: FourPeas

.50 Cal: automatically a terrorist military assault genocide homophobia racist capitolist holocaust sexist weapon.

5 posted on 02/22/2012 9:26:34 AM PST by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: FourPeas

Maybe they should let the kid shoot the gun?


6 posted on 02/22/2012 9:35:39 AM PST by KodakKing (Freedom isn't free. Just ask any soldier. www.anysoldier.com)
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To: FourPeas

I don’t know about Missouri, I think that is the state, but here in Ohio it is illegal to discharge a firearm within I think, 500’ of an occupied dwelling.


7 posted on 02/22/2012 9:41:06 AM PST by Rannug ("God has given it to me, let him who touches it beware.")
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To: grobdriver

I wouldn’t be concerned about the safety issue, but the noise would be an issue. If I had such a neighbor, I’d be giving him some rock music in the middle of the night.


8 posted on 02/22/2012 9:42:11 AM PST by aimhigh
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To: aimhigh

Not Rock music the guy might like that . Chinese opera on the other hand sounds like a burlap bag full of alley cats clawing each other while fighting.


9 posted on 02/22/2012 10:05:26 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: aimhigh
"I wouldn’t be concerned about the safety issue, but the noise would be an issue."

Nailed it. You'd have to be a Class-A inconsiderate jerk to make a habit of touching off .50 cal rounds within 75' of your neighbor's house (note: not property line but the house itself). I knew somebody who enjoyed shooting clay pigeons on his front lawn in a rural subdivision. Had a launcher set up and everything. "Not a against the law" was his standard reply to complaining neighbors. Every quiet Saturday morning ruined by that noisy jerk.
10 posted on 02/22/2012 10:10:54 AM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: Nebr FAL owner

Bagpipes, everyone loves the pipes at 3AM


11 posted on 02/22/2012 10:21:27 AM PST by Starwolf
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To: aimhigh

I had a neighbor that liked very loud rock music.

When ever he played it I would happen to mow the feild next to his place with a tractor with out the muffler.

We can to a understanding he lowered the volume I put the muffler back on.


12 posted on 02/22/2012 10:23:26 AM PST by riverrunner
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To: RonInNaples

I wonder if there are other issues there with the complaining neighbor


13 posted on 02/22/2012 10:25:49 AM PST by riverrunner
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14 posted on 02/22/2012 10:31:38 AM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: Rannug

This story is in Arkansas. We used to live in Sebastian County (Fort Smith, specifically) until last summer. Misery—I mean Missouri was our neighbor ;)


15 posted on 02/22/2012 10:37:16 AM PST by Hoosier Catholic Momma (How long till my Arkansas drawl fades into the twang of southeast Ohio?)
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To: riverrunner
I had a similar problem with the paper "boy" walking a path into the lawn over the same track every day. A simple adjustment of the lawn sprinkler timing made that a poor choice. The lawn recovered and I didn't lose any sleep dealing with the inconsiderate twit.
16 posted on 02/22/2012 11:02:03 AM PST by Myrddin
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To: aimhigh

I would think it would be a matter of common courtesy, the article said he was discharging it 75’ from his residence. I have firearms and like to discharge same. If my neighbor were to fire them 75’ from my home I would find it more than annoying, to me it wouldn’t be a matter of safety but noise, the “noise” doesn’t bother me when I’m doing it. What we need are suppresors.


17 posted on 02/22/2012 11:07:41 AM PST by duffee (NEWT 2012)
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To: Starwolf

Years ago I picked up a tape of Welsh Men’s choirs for just that purpose (went well with the blasting mariachi music from the apartment next door).


18 posted on 02/22/2012 11:14:34 AM PST by T. P. Pole
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To: FourPeas

I’ve always wondered if you could stretch out a 10’-20’ length of that black water pipe, mebbe drill some 1” holes in it and shoot down the tube. I would think all the “ripples” in the pipe and perhaps the holes would act as a suppressor if not a silencer. If so, that would be the way to go for the 50 cal shooter, allowing that the muzzle blast didn’t send the tube down range even if secured. That and maybe showing said neighbor in what direction he’s shooting might help. If the guy is a complainer, Tough Noogies: “I tried to ameliorate the situation.”


19 posted on 02/22/2012 1:51:12 PM PST by Oatka (This is America. Assimilate or evaporate.)
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To: Starwolf

Especially when the drones are not properly tuned!


20 posted on 02/22/2012 4:03:22 PM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: Hoosier Catholic Momma

Sorry, but I was close. :-)


21 posted on 02/23/2012 7:11:14 AM PST by Rannug ("God has given it to me, let him who touches it beware.")
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To: T. P. Pole
This is my fave for noisy neighbors. I saved it as a quicktime file. Just set it on "auto-loop-replay" and take a walk.
22 posted on 02/23/2012 11:12:52 AM PST by Yehuda
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