Shooting Blanks?/ Illegal discharge?

atlctyslkr · December 18, 2010, 10:06 AM

If an individual were to shoot off blanks in a city that has an ordinance against discharging firearms would this count?

DT Guy · December 18, 2010, 10:34 AM

It's a firearm, and you're discharging it-albeit with blanks-within city limits. While you might not be convicted, I'd expect there's a strong chance of getting arrested.

I wouldn't try it, IMHO.

Larry

4runnerman · December 18, 2010, 11:36 AM

I agree i would not try it.From what i can find the law is very vauge about what you discharge in so much as cartridges. It does not say any thing about blanks.It basically states ( as stated) discharging a weapon in city limits. Does not matter it seems as weather it's blanks or real ammo it just states discharging a weapon. I would not want to take a chance on it and possable lose all rights to own a gun. On a second note..Why would you want to fire blanks any how?.

**44 AMP** · December 18, 2010, 12:47 PM

You fire blanks to make noise! Thats their whole purpose.

kozak6 · December 18, 2010, 02:43 PM

It depends where you are.

Arizona law seems to make an exception for this, although you could still get into trouble for disorderly conduct.

cecILL · December 19, 2010, 10:50 AM

How about a starter pistol?

Buzzcook · December 19, 2010, 12:58 PM

Quote:

How about a starter pistol?

A police officer responding to a shots fired call, doesn't know if they are blanks, a starter pistol or a pop gun.

xMINORxTHREATx · December 19, 2010, 02:40 PM

My uncle found out the hard way that firing flares out of a shotgun is considered discharging within city limits. He got charges dropped because his house is right on the city line, and that border changes every year it seems.

**Aguila Blanca** · December 19, 2010, 04:40 PM

I'm going to respond with my standard disclaimer: "It depends."

We have fifty states, each with its own laws that have their own definitions. On top of that, within many of those states there are counties and/or municipalities that have laws, statutes, or ordinances that govern the discharge of firearms. To answer this question would require knowing the jurisdiction, and then reading the particular statutes and/or ordinances that apply in that jurisdiction.

As a general rule, I suspect previous posters are correct in that, more than likely, "discharge" is not well or properly defined, and thus any laws prohibiting discharge of a firearm would include firing blanks.

As to starter pistols (which have plugged barrels and cannot eject a projectile) -- now you also have to review the laws for the definition of "firearm" to determine whether or not a starter pistol is considered a firearm in that jurisdiction.

wogpotter · December 19, 2010, 06:34 PM

Round here it is the fact that you discharged it, not what you discharged it with.
"Discharging a firearm in town limits is illegal. We don't care if it was a blank or a bullet, discharged is discharged." was what I was told by the local LEOs when I inquired.

ncpatriot · December 21, 2010, 12:18 AM

If an official at a track meet fires a starter pistol in the manner that is reasonable & customary for track meets, what would be the chances of him being arrested? I would think the time & place would have some bearing on it.

Are starter pistols still used at a lot of track meets or do they often use something else now? I have seen swim meet officials use a horn of some sort in recent years. Haven't been to a track meet in years.

xMINORxTHREATx · December 21, 2010, 08:44 AM

My high school used an air horn, but when I went to Arizona State, they still used a starter pistol.

B.N.Real · January 2, 2011, 08:21 AM

Law specifically states discharge-not whats being discharged.

Fire it and be arrested.

Prudent use exceptions would be for a track meet or for crow dispersal but you'd better get a permit for the crow dispersal use before you fire the gun.

You could also call the local police and tell them you are going to discharge your permitted use of the gun before you fire it-so they don't have to send a officer to respond when the neighbors possibly freak out.

m.p.driver · January 2, 2011, 08:36 AM

And they would probably get you for non-firearm violations,creating a disturbance,inducing panic,public intimidation,and anything else they could drum up.
And its just not a wise move to be standing there with a firearm loaded with blanks when LEO pulls up.

December 18, 2010, 10:06 AM	#1
atlctyslkr Senior Member Join Date: March 6, 2006 Location: Atlanta, GA Posts: 613	Shooting Blanks?/ Illegal discharge? If an individual were to shoot off blanks in a city that has an ordinance against discharging firearms would this count?

December 18, 2010, 10:34 AM	#2
DT Guy Senior Member Join Date: February 4, 2001 Posts: 959	It's a firearm, and you're discharging it-albeit with blanks-within city limits. While you might not be convicted, I'd expect there's a strong chance of getting arrested. I wouldn't try it, IMHO. Larry __________________ He who fights and runs away had better run pretty damn fast. Government, Anarchy and Chaos

December 18, 2010, 12:47 PM	#4
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	You fire blanks to make noise! Thats their whole purpose. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

December 19, 2010, 02:40 PM	#8
xMINORxTHREATx Senior Member Join Date: November 25, 2010 Location: Cincinnati, Ohio Posts: 286	My uncle found out the hard way that firing flares out of a shotgun is considered discharging within city limits. He got charges dropped because his house is right on the city line, and that border changes every year it seems. __________________ Glaine ár gcroí Neart ár ngéag Agus beart de réir ár mbriathar

December 21, 2010, 12:18 AM	#11
ncpatriot Senior Member Join Date: March 4, 2009 Location: Durham, NC Posts: 371	If an official at a track meet fires a starter pistol in the manner that is reasonable & customary for track meets, what would be the chances of him being arrested? I would think the time & place would have some bearing on it. Are starter pistols still used at a lot of track meets or do they often use something else now? I have seen swim meet officials use a horn of some sort in recent years. Haven't been to a track meet in years. __________________ Remember the American heroes of Flight 93.

December 18, 2010, 11:36 AM	#3
4runnerman Senior Member Join Date: January 16, 2010 Location: Minnesota Posts: 3,577	I agree i would not try it.From what i can find the law is very vauge about what you discharge in so much as cartridges. It does not say any thing about blanks.It basically states ( as stated) discharging a weapon in city limits. Does not matter it seems as weather it's blanks or real ammo it just states discharging a weapon. I would not want to take a chance on it and possable lose all rights to own a gun. On a second note..Why would you want to fire blanks any how?.

December 18, 2010, 02:43 PM	#5
kozak6 Senior Member Join Date: June 16, 2005 Location: AZ Posts: 3,113	It depends where you are. Arizona law seems to make an exception for this, although you could still get into trouble for disorderly conduct.

December 19, 2010, 10:50 AM	#6
cecILL Senior Member Join Date: August 13, 2001 Location: central IL Posts: 769	How about a starter pistol?

December 19, 2010, 04:40 PM	#9
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,459	I'm going to respond with my standard disclaimer: "It depends." We have fifty states, each with its own laws that have their own definitions. On top of that, within many of those states there are counties and/or municipalities that have laws, statutes, or ordinances that govern the discharge of firearms. To answer this question would require knowing the jurisdiction, and then reading the particular statutes and/or ordinances that apply in that jurisdiction. As a general rule, I suspect previous posters are correct in that, more than likely, "discharge" is not well or properly defined, and thus any laws prohibiting discharge of a firearm would include firing blanks. As to starter pistols (which have plugged barrels and cannot eject a projectile) -- now you also have to review the laws for the definition of "firearm" to determine whether or not a starter pistol is considered a firearm in that jurisdiction.

December 19, 2010, 06:34 PM	#10
wogpotter Senior Member Join Date: September 27, 2004 Posts: 4,811	Round here it is the fact that you discharged it, not what you discharged it with. "Discharging a firearm in town limits is illegal. We don't care if it was a blank or a bullet, discharged is discharged." was what I was told by the local LEOs when I inquired.

December 21, 2010, 08:44 AM	#12
xMINORxTHREATx Senior Member Join Date: November 25, 2010 Location: Cincinnati, Ohio Posts: 286	My high school used an air horn, but when I went to Arizona State, they still used a starter pistol. __________________ Glaine ár gcroí Neart ár ngéag Agus beart de réir ár mbriathar

January 2, 2011, 08:21 AM	#13
B.N.Real Senior Member Join Date: February 22, 2008 Posts: 4,092	Law specifically states discharge-not whats being discharged. Fire it and be arrested. Prudent use exceptions would be for a track meet or for crow dispersal but you'd better get a permit for the crow dispersal use before you fire the gun. You could also call the local police and tell them you are going to discharge your permitted use of the gun before you fire it-so they don't have to send a officer to respond when the neighbors possibly freak out.

January 2, 2011, 08:36 AM	#14
m.p.driver Senior Member Join Date: January 25, 2009 Location: Ohio Posts: 552	And they would probably get you for non-firearm violations,creating a disturbance,inducing panic,public intimidation,and anything else they could drum up. And its just not a wise move to be standing there with a firearm loaded with blanks when LEO pulls up.