Soundguy
Old Timer
- Joined
- Mar 11, 2002
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I'd agree with that line of thought 3RRL is going with..
In actuality.. i think the full wording of that no firearm discharge probably needs to be viewed.. if it isn't very specific.. it could actually be unconstitutional if it is worded in a way that interferes with lawful firearm discharge.. say in the case of lawfull self defense.
I'm pretty sure a county ordinance cannot trump state or federal law in such cases.. IE.. I'm being attacked at night and fire my gun in self defense.. .. I don't see myself being prosecutable for discharging a firearm at night.. or if I was prosecuted.. I see a good 'test case' chance for 3 things to happen.. 1, I think the innocent victom would prevail, 2, the county ordinance would probably be repealed / chalanged / voided, and 3, the DA that pressed the case might need a new job come election time.. At least that's how it would be int he state I live in..
Soundguy
In actuality.. i think the full wording of that no firearm discharge probably needs to be viewed.. if it isn't very specific.. it could actually be unconstitutional if it is worded in a way that interferes with lawful firearm discharge.. say in the case of lawfull self defense.
I'm pretty sure a county ordinance cannot trump state or federal law in such cases.. IE.. I'm being attacked at night and fire my gun in self defense.. .. I don't see myself being prosecutable for discharging a firearm at night.. or if I was prosecuted.. I see a good 'test case' chance for 3 things to happen.. 1, I think the innocent victom would prevail, 2, the county ordinance would probably be repealed / chalanged / voided, and 3, the DA that pressed the case might need a new job come election time.. At least that's how it would be int he state I live in..
Soundguy