# define a occupied dwelling



## duckman#1 (Sep 22, 2002)

Hunting laws state that you can not discharge a firearm within (I think) 450 ft from a occupied dwelling without the permission of the owner. Could someone please define EXACTLY what is a occupied dwelling is? I realize this is basically refering to a house, but what about a camper, or tent? If someone is staying at a campsite in a tent,or camper, is that a occupied dwelling?
I would like to know what the DNR's definition of what a dwelling is.


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## boehr (Jan 31, 2000)

Safety zones are defined as all areas within 150 yards of an occupied building, dwelling, house, cabin, residence, or any barn or other building used in a farm operation.

No, it does not apply to mobile units that are intented to be mobile and easily moved such as camper, tents etc. So if someone is camping on state land somewhere in their camper you don't have to stay 450 away from them.

Actually I don't believe that's a DNR definition but from court opinion many years ago before my time.


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## slowpoke (Jan 30, 2001)

We are so BLESS to have you on Michigan Sportsman sight to answer all of our guestions for free. I hope you are here forever. I enjoy all your answers and have learn a lot. THANKS. Slowpoke.


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## Mike L (Sep 8, 2003)

Although I was very disappointed with the answers I recieved from Mr. Boehr. ( As I just hate people hunting my fenceline)
I like to consider myself an informed individual. I have learned some law from his answers and I thank you Mr. Boehr. At least I now know what the law says about what I thought were violations. But shooting from your camp across a road that cars travel seems very unsafe to me, and there should be a law against that practice. IMHO


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## boehr (Jan 31, 2000)

I don't disagree with you Mike L but we can't make the law as we go. I'm believe in the archives of this site you would find a story I once told about a person shooting at an animal right down the road which I was on the other side further down the road right in the direction the shot was going. I would suggest you contact you legislator and maybe he/she will listen to your recomendations.


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## Butch (Aug 29, 2001)

Boehr-

I couldn't agree more about how much I appreciate that you take the time to provide info.

Regarding "occupied dwelling", does "occupied" include seasonal cabins when the owner isn't there that week(or that month, etc) or does "occupied" just mean the dwelling hasn't been abandoned?

Thanks

Butch


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## Hamilton Reef (Jan 20, 2000)

boehr, Per your comment about shooting down the road.

A few years ago my wife and I were trveling north on US-31 freeway at the Oceana/Mason County line. I turned off the freeway to get onto the Old-31 (West side of the freeway). This takes us around the NW clover of the freeway. At about 2:30pm there was a rifle deer drive "INSIDE" the cloverleaf area with the hunters moving toward the freeway! A doe jumped up to cross the freeway and the rifles cut loose shooting East right at the south bound freeway about 50-yards with the bullets crossing both S/N lanes. The spot I'm talking about is now under construction for the new motel. We still comment about the incident everytime we pass the site.


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## boehr (Jan 31, 2000)

A cottage or cabin is still considered occupied regardless if anyone happens to be there or not. That prevents loopholes in the law where a house or cabin is occupied and one says he didn't think anyone was there for a defense of purposely violating the safety zone.


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## Butch (Aug 29, 2001)

Thanks Boehr.

Butch


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## FIJI (May 15, 2003)

This sure beats calling Ole' Freddy Trost !! LOL


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## Kramer (Mar 9, 2002)

What about a pole barn not used for agricultural purposes?

What if it is still under construction?

Would these fall into safety zone buildings? It is a issue for me right now....

Thanks!!!


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## boehr (Jan 31, 2000)

If it's still under construction then it would not be covered under the law. A pole barn may or may not be covered. A business could be a pole barn so I would have to know more details to give a positive answer.


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## Kramer (Mar 9, 2002)

The pole barn is on a residential lot, no business.

Thanks!


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## boehr (Jan 31, 2000)

Then I would guess not covered but I emphasize that it's a guess without seeing/knowing more about it.


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## Kramer (Mar 9, 2002)

Thank you.


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## CML (Jan 1, 2002)

one more variable. [this may be a stupid question]

we have a cabin on our property. it was built as a place for the guys to go after a hunt/round of clays to have a drink and shoot the breeze.

the cabin has 4 walls, a roof, bathroom/shower, living room and bar area. there is no bedroom or pull out sofa. no-one lives there. no one could, there isn't a bedroom. since no-one "dwells" there, i assume it isn't a "dwelling". 

but is a "cabin" that has no bedroom a "cabin"? or just the fanciest deer blind - complete with satellite TV, mini-bar, fireplace and toilet - ever to grace the woods. so...... is it a structure that is contemplated by the statute?

the statute MCLA 324.40111(4) states that you can't discharge a firearm w/in 150 yds, unless you have written permission from the owner, renter or occupant. if you are the owner, or the renter or you have written permission, can you hunt from inside the dwelling/cabin?

CML


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## boehr (Jan 31, 2000)

I guess I would ask first, what do you consider it being? If you don't consider it to be a dwelling and it's yours then there is no issue. Nobody sleeps in a church, store and many other dwellings either but I wouldn't be caught hunting within 450 feet of one without permission.

If you do consider it to be a dwelling than *I would probably have to see it, the layout of the area* and have some other questions answered. Would anyone that didn't have permission to be on your property be hunting with 450 feet of it? If they would have to be on your property to be within that distance then would you prosecute for trespass?

Also keep in mind that target shooting has no bearing on the safety zone. It applies to hunting only.


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