# Neighbor using my woods as a backstop



## answerguy8 (Oct 15, 2001)

My neighbor has a personal rifle range in his backyard. He has a small pile of sand rimmed with railroad ties but the high fliers are going into my wood lot. I'm not real excited about the possiblity of getting hit by a stray. I'm going to go talk to him about building up his backstop but if he says 'no' do I have any recourse?


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## boehr (Jan 31, 2000)

Pretty difficult. It would be up to you to prove a safety hazard and in doing so you might just stop hunting from happening in that whole area.


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## bigcountrysg (Oct 9, 2006)

Maybe this will help you out. 
*NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)*
*Act 451 of 1994*

*324.73103 Discharging firearm within right-of-way of public highway abutting certain property; consent; public highway defined.* 

Sec. 73103.
(1) A person shall not discharge a firearm within the right-of-way of a public highway adjoining or abutting any platted property, fenced, enclosed, or posted property, farm property, or a wooded area connected to farm property without the consent of the owner of the abutting property or his or her lessee or agent.
(2) As used in this section, public highway means a road or highway under the jurisdiction of the state transportation department, the road commission of a county, or of a local unit of government.

*History:* Add. 1995, Act 58, Imd. Eff. May 24, 1995 
*Popular Name:* Act 451
*Popular Name:* Recreational Trespass Act

© 2006 Legislative Council, State of Michigan



I don't know if you fall under this but this is all I could find. But I think if you talk to your nieghbor and express your concern about it hopefully you two can work somthing out. Maybe give him a call to let him know when your in the woods and then call him to let him know your out of the woods. But either way he is responsible for that bullet when he fires it off.


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## bigcountrysg (Oct 9, 2006)

Also when you talk to him about rebuilding his backstop. Let him know that you will help with the manual labor part. That way both of you can aggree on a design that makes you feel better as well something that will work for his needs too.


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## boehr (Jan 31, 2000)

The Rec Trespass Act has nothing to do with it. That is for being on the road and shooting onto someone's property. Like road hunting.


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## bigcountrysg (Oct 9, 2006)

As I read and understood that Boehr it had nothing to do with recreational treaspass. The law stated above is discharging a weapon. It does pertain to roads and public highways but it also pertains to Farm Land and wooded lots. As to protect live stock. I was looking for the safety zone laws as well when I found that. Safety zone laws as I understand are you can not Lawfully discharge a firearm within 450 ft of a standing building that at least 1 or more people dwell in. Or with in 450 ft of a public roadway. I know that when I lived at my parents house I got a warning for my shooting range on my parents property because my back stop was with in the 450 ft of their barn. Even though I was not shooting towards there building or property I was given a verbal warning and moved my backstop. The law I posted was the same law they gave me a warning on.


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## Rumajz (Dec 29, 2005)

450 feet safety zone is for hunting ONLY. Practice shooting is not limited by this safety zone. The regs will also give you actual details about the safety zone and how it relates to buildings (which by the way do not have to be occupied to qualify for safety zone restrictions).


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## boehr (Jan 31, 2000)

bigcountrysg said:


> As I read and understood that Boehr it had nothing to do with recreational treaspass. The law stated above is discharging a weapon. It does pertain to roads and public highways but it also pertains to Farm Land and wooded lots. As to protect live stock. I was looking for the safety zone laws as well when I found that. Safety zone laws as I understand are you can not Lawfully discharge a firearm within 450 ft of a standing building that at least 1 or more people dwell in. Or with in 450 ft of a public roadway. I know that when I lived at my parents house I got a warning for my shooting range on my parents property because my back stop was with in the 450 ft of their barn. Even though I was not shooting towards there building or property I was given a verbal warning and moved my backstop. The law I posted was the same law they gave me a warning on.


Unfortunately the section you posted *is* part of the Recreational Trespass Law. There also is no law that prohibits a person to shoot within 450 feet of a road. A person can stand right on the road and shoot providing he has the right to *hunt* the adjacent property. So, the section you posted pertains to hunting and again, has nothing to do with target practice.

You will find right here the section you posted is part of the Recreational Trespass Law, same section number and everything.
http://www.legislature.mi.gov/(S(4u...cl-451-1994-III-4-1-RECREATIONAL-TRESPASS-731
You can't read just one small section and make it apply to what you want although I wish it was that way sometimes but you have to read the law in its entirety to see what the law pertains to.

The warning you got was obviously from someone who didn't know about the law.


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## bigcountrysg (Oct 9, 2006)

I searched for something on the state web site that might be able to help this person out. What I posted on here did not state anything to do with recreational trespassing. All though the search only gave me laws pertaining to dischraging a firearm. There is a law that covers reckless discharge of a firearm. Being that person using the firearm is resposnible for that round that is fired off. If a person is ever injured or killed due to his shooting he is going to be prosecuted by the law. Now in my case it was a state trooper that gave me that warning. Needless to say in my younger years I had many run ins with this state trooper as my nieghbor did not really like me to much. So this State Trooper knew me quite well. I was young at the time being nothing ever happened with that incident I moved my backstop away from that side of the property and never had a problem since. Being that a state trooper told me I was in violation of a state law and I was only 18 at the time still in highschool I never went back to research it. Also being that when I am out driving around I see all these signs on state land that say no hunting or shooting safety zone I figured it was because of a dwelling or the road. There for I always figured that you needed to be 450 feet away from buildings or roads in order to shoot a firearm. Sorry this was so long.

P.S. I am a Federal Law Enforcement Officer just trying to help a fellow out.


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## boehr (Jan 31, 2000)

bigcountrysg said:


> There is a law that covers reckless discharge of a firearm. Being that person using the firearm is resposnible for that round that is fired off. If a person is ever injured or killed due to his shooting he is going to be prosecuted by the law.


You are exactly correct in this part. Problem is something has to happen first, as you posted, and nothing before it happens. There is also a Careless Use of Firearm law that deals with real property too but again, unfortunately something has to happen too. I realize you are just trying to help out and that is great. I am a retired CO and was a CO for almost 26 years so I do know what I'm talking about when it comes to this subject.


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## roger23 (Jan 14, 2001)

answerguy8 said:


> My neighbor has a personal rifle range in his backyard. He has a small pile of sand rimmed with railroad ties but the high fliers are going into my wood lot. I'm not real excited about the possibility of getting hit by a stray. I'm going to go talk to him about building up his backstop but if he says 'no' do I have any recourse?


I think I would talk to the guy .may be even help him build a back stop that you will be happy with and you both can use.The problem may resolve its self


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