In Delaware large caliber BB or air guns are considered dangerous weapons. The city of Akron, Ohio, is one of many in the state in which setting off a firearm is illegal. 130.05 DISCHARGING FIREARMS. Article 1. ), 523.09 DISCHARGING WEAPONS. The right to keep and bear arms is diminished, however, when firearms are carried and/or used for an unlawful or unjustifiable purpose. Unlawful uses include distributing the public peace, unlawfully causing bodily injury or death, or recklessly endangering the person or property of another. There may be exceptions for hunting or if you have a specific permit to discharge firearms. Second-degree felonies are also punishable by a fine of not more than $15,000 in addition to any restitution ordered. Any such weapon sold to persons under the age of eighteen years may be confiscated and destroyed after conviction. Chapter 1501:31-15 | Hunting and Trapping. There are no laws within Ohio's weapons code that prohibit or forbid pellet guns, BB guns or airsoft guns except a provision that prohibits their use in rest areas and roadside parks, as of July 2014. We are here to help educate you about your circumstances. 25-6. Can You Legally Dispatch Pests With An Airgun? (f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing a knife having a blade two and one-half (2-1/2) inches in length or longer, and that either (i) the actor at the time was engaged in a lawful business or pursuit and that business or pursuit requires a knife having a blade two and one-half (2-1/2) inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two and one-half (2-1/2) inches in length or longer was kept ready at hand by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in having such a knife ready at hand. If the violation creates a risk of physical harm to any person, endangering airport operations is a felony of the fourth degree, and shall be prosecuted under appropriate state law. Penalty, see 130.99. (A) No person shall discharge, within the village, any firearm, pistol, shotgun, rifle or handgun (collectively referred to herein as firearm) in any of the following circumstances:(1) No firearm shall be discharged within 200 yards of a school, church, residence, or other occupied structure;(2) No firearm shall be discharged upon or over a public street or highway;(3) No firearm shall be discharged in the direction of any person, motor vehicle, school, church, residence or other occupied structure;(4) No firearm shall be discharged until the person intending to discharge a firearm takes reasonable and prudent actions to ensure that such discharge will not pose an unreasonable risk of harm to any other person;(5) No firearm shall be intentionally and without malice be pointed or aimed at another person or be discharged when so pointed or aimed; and(6) No firearm shall be discharged from outside of the village, where the projectile is aimed toward and is reasonable likely to enter the corporation limits of the village, such that the discharge violates divisions (A)(1) through (5) of this section. In a 2014 article for akron.com, Geoff Westerfield (assistant wildlife . (d) Whoever violates this section is guilty of discharging weapons, a misdemeanor of the third degree. The cop could not do anything b/c he had not discharged his firearm (bow). A violation of division (A)(1) or (2) of this section is a misdemeanor of the fourth degree. Generally Akron, Ohio Code of Ordinances137.01 Definitions. Brian Joslyn not only kept me out of jail but got my case completely dismissed. C42-74. Valid firearms prohibitions include banning firearms-related activities and weapons that do not traditionally serve a law-abiding purpose. Recognize that you might be in violation of "discharging a firearm within city limits" or "negligent discharge of a firearm" depending on the circumstances and jurisdiction. Few, if any, criminal offenses in Ohio carry such a broad range of penalties depending on the facts, circumstances, and defenses raised in each case. Knowingly throw an object at, or drop an object upon, any moving aircraft.2. The penalties for discharging a firearm on or near prohibited premises under 2923.162 depend on the section violated. Come join the discussion about safety, gear, tackle, tips, tricks, optics, hunting, gunsmithing, reviews, reports, accessories, classifieds, and more! Passed 7-1-74. Can You Shoot on Your Property in South Carolina. But if you live with acres and acres of land surrounding you, then it means your neighbors are far away and your shooting adventures will not affect anyone. Godfrey said several metro Atlanta counties, including Cobb, Fulton and DeKalb, allow hunting by archery only because . It depends on the state or municipality you live in. However, a local businessman who discharges his weapon at the suspect before police arrive may or may not have been privileged to act under the circumstances. (a) No person shall discharge any air gun, rifle, shotgun, revolver, pistol or other firearm within the corporate limits of the Municipality. (Normally No Shooting) If a rural area it depends on property size, neighbors, noise level backstop and Etc. Some of the unlawful uses include disturbing public peace, recklessly endangering the property or life of another person, or unlawfully causing bodily injury or even death. First-degree felonies are the most serious offenses in Ohio and are punishable by not less than three years to life imprisonment and/or a fine up to $20,000. AirGunLaws.com aims to provide you with the best information on the Internet regarding air gun laws and regulations. While deer management programs have worked in certain parts of Ohio, other urban areas still wrestle with finding solutions to the burgeoning deer populations. The prosecutor will also charge this as a dangerous offense because a deadly weapon was used in the crime. Firearm. Has the same meaning as in R.C. (3) Except as otherwise provided in division (C)(4) of this section, if the violation caused physical harm to any person, a violation of division (A)(3) of this section is a felony of the second degree. Miscellaneous Offenses Athens, Ohio Code of Ordinances13.07.05. (f) Whoever violates this section is guilty of a misdemeanor of the fourth degree.(Ord. Highly recommended for any legal needs within his capabilities.. Spring-operated gun. A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring. 6 Superb Guides To Do It, residents have a right to purchase and own firearms, a license is required for carrying concealed short guns. Whoever violates subsection C of this section while hunting shall additionally have his hunting license or permit suspended or revoked pursuant to R.C. 1. keepgunssafe.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Unlawful use of air guns. ), 549.08 DISCHARGING FIREARMS; USE OF ARCHERY EQUIPMENT, BLOW GUNS, DARTS, SPEARS, AND SLING SHOTS; TARGET SHOOTING. Lawfully engaged in hunting, as permitted by the state, upon any property located within the urban services district of the metropolitan government; or. Definition and Elements of the Crime. As a general rule, gunfire within city limits is prohibited unless at an actual gun range (indoor vs. outdoor, it doesn't matter) or in legal defense of yourself and/or others. There is no provision in Ohio State law that controls or governs airguns in any way shape or form, except prohibiting them in the capitol, however, for the purposes of Ohio ORC 2903.11, an airgun could potentially be considered a deadly weapon, as they have been known to cause serious injury and even death on rare, unfortunate occasions. 18-06. Article 2. (MESA Statue, 6-1-15) . A misdemeanor conviction may result in up to a year in jail and/or fines. (Ord. (c) This Section 672.01 does not extend to cases in which firearms, slings or arrows are used in self-defense, in the discharge of official duty, justifiable homicide or when otherwise lawfully authorized by the laws of the United States Government or the laws of the State of Ohio. 14-2015, passed 12-21-15) Penalty, see 130.99, 549.08 DISCHARGING FIREARMS. (a) No person shall discharge, or cause to be discharged, any firearm, cannon, rifle, revolver, pistol, devils-head, flobert or airgun, or other instrument used to explode any cartridge or thing filled with any explosive substance or material without a written permit from the Chief of Police. A forum community dedicated to hunting and fishing enthusiasts in the Ohio area. Minors are prohibited from owning air guns in Cleveland, Ohio. Most firearm enthusiasts have developed gun shooting spots in their homes for this purpose. A second violation of this section shall result in guilt for a misdemeanor of the first degree.(Ord. 138.09. 549.09 THROWING STONES AT PERSONS OR VEHICLES. (C) This section does not extend to cases in which firearms, slings, or arrows are used in self-defense, in the discharge of official duty, or in justifiable homicide. How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in Ohio? Truly accidental discharge is not punishable under 2923.161, Ohio courts narrowly interpret the term accident.. How Old Do You Need To Be To Purchase an Airgun? If the violation creates a risk of physical harm to any person or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree, and shall be prosecuted under appropriate state law. (d) Whoever violates this section is guilty of discharging weapons, a misdemeanor of the third degree. Manage Settings The parent or guardian of any person under age 18 is prohibited from . 2017-045. B. No. CINCINNATI The Ohio Supreme Court has upheld a 2006 law that prohibits cities and other local governments from enforcing ordinances that are more restrictive than state gun laws . Charges under 2923.161, however, require knowing and/or intentional conduct, i.e., pulling the trigger. (c) This section shall not apply to a law enforcement officer in the lawful performance of his duties; or when the offender discharges the weapon when acting in self defense of himself or another person which is justified under State law, which the offender must show by a proponderance of the evidence or the firearm which is discharged was used or was on or about the person or under the control of a person in the commission of a felony for which the Ohio Revised Code requires a term of actual incarceration of three years and an indefinite term of imprisonment pursuant to Ohio R.C. 2. In both cases, minors must be under parental supervision. If a violation of 2923.162(A)(3) prohibiting discharge over public roadways creates a serious risk of physical harm or causes serious damage to property, it is a felony in the third degree. Carrying concealed firearms is a licensed activity in Ohio. inhabited dwelling,; occupied building,; occupied motor vehicle,; occupied aircraft, or; an inhabited housecar such as an RV or camper. Nov 14, 2005. (e) Strict liability is intended to be imposed for violation of this section, except as stated in subsection (c) hereof. We treat our clients like family with a non-judgmental approach. Any person who, within the city limits, carries concealed upon his person, or who shall attempt to fire or discharge or who shall fire or discharge any slingshot, spring or air rifle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with section 1-10. Gun Violence Archive, a nonprofit research group that tracks shootings and their characteristics in the United States, defines a mass shooting as an . PARMA, Ohio - Parma police arrested a teenage boy Thursday and accused him of firing shots while trying to purchase Apple AirPods. (c) Subsection (a) hereof does not apply to individuals who discharge any airgun, rifle, revolver, pistol, shotgun or other firearm in a safe manner on a firing range owned or leased by or under the immediate control of the City. 2909.08). Ohio bans the actual discharge of firearms into certain locations and/or onto certain properties without lawful cause. (C)Whoever violates this section is guilty of a misdemeanor of the fourth degree. Rule 1501:31-15-02 | General hunting and trapping provisions. Passed 3-8-18. Those who have land between 10 and 50 acres in size can shoot shotguns, air rifles, air pistols, and BB guns, regardless of whether you're within city limits or not. ), 549.14 DISCHARGING AIRGUNS. Passed 12-5-17.). In Ohio you must be 18 Years Old to purchase a BB gun, airgun, air rifle or pellet gun. Ohio State Gun Laws The state of Ohio allows people who are above 18 years old to buy and own long guns such as shotguns and rifles. As long as you are not breaking the law, you are free to shoot firearms on your residential property. (A)No person shall, by hand or by means of a slingshot, bow, air gun, or other similar device throw, shoot, cast, or sling any stone, arrow, pellet, or other similar missile. You also need to know what it behind the target area you are shooting toward in the event that a pellet or BB happens does go astray no bestanders, animals or property will get hurt or damaged. (d) No parent, guardian or custodian of any person under the age of eighteen shall knowingly permit any such person under the age of eighteen to use or have in his possession any airgun or ammunition unless such use or possession falls within the exception of subsection (c) hereof. In the absence of any procedural or statutory defenses, the following common law defenses may be available to defeat improper firearms discharge convictions: An experienced Ohio firearms discharge defense attorney will review the facts of each individual case to determine the best defensive strategy to the charges. You must also have a proper backstop to make sure rounds do not leave your property. In State v. Fogler, the Ohio Court of Appeals affirmed a conviction for unlawful discharge under Ohio Code 2923.161 when the defendant loaded, cocked, and aimed a shotgun at an apartment door before it accidentally fired into the home. For the purposes of this section, indoor means the firing range is located and operated wholly within an enclosed building. The standard quoted in State v. Fogler is likely applicable to this analysis. Answer (1 of 12): Where I live it legal to shoot Pellet pistol/rifle in my backyard but I have seen the law called because of an ignorant neighbor. This is because observers or nearby inhabitants are in the firing line, so to speak, or when property damage can occur. Rule 1501:31-15-04 | State-owned or administered lands designated as public hunting areas. Across the Ohio here in northern Ky it's illegal to discharge any firearm at all even a bb gun in city limits unless you are LEO naturally. James Forrester is a lifelong gun and firearms owner, and an even bigger advocate for gun safety. (B)(1) Division (A)(1) of this section does not apply to a person who, while on the person's own land, discharges a firearm. C42-74. )(b) This section does not apply when firearms are used in self defense, in the discharge of official duty or when otherwise lawfully authorized. If youve been charged with a federal or state firearms discharge offense, schedule your free, no-obligation Ohio firearms defense consultation with the Joslyn Law Firms top-rated Columbus criminal defense lawyers by calling (614) 444-1900 or contacting us online today. 3. The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. 2933.41. Air gun. Any air pistol, air rifle, BB gun, pump gun, pellet gun, CO-2 gun, or similar instrument or device capable of discharging ammunition by means of air pressure or spring action. (Ordained as C.M.C. The law is no longer limited to family members and spouses. Defendant had prior felony record plead guilty to WUD and was placed on probation and had to serve 30 days local incarceration, no prison time. First, city and county laws are inconsistent, both among themselves, and the state. 137.09 SLINGSHOT, BOW AND ARROW OR AIR GUN PROHIBITED. (e) Subsections (b), (c), and (d) shall not apply to City Council approved programs for the training in the use of such weapons, nor to businesses lawfully engaged in the business of paintball tournaments, nor to persons lawfully hunting pursuant to Section 549.08. 20-2-58. Although AirGunLaws.com makes every effort to verify that the information found on this website is correct, laws can change quickly. (d) Whoever violates this section is guilty of a minor misdemeanor.(Ord. This section does not apply to supervised archery ranges or places of instruction nor when otherwise lawfully authorized by the Service-Safety Director. A minor is only permitted to use a paintball gun while at home or at an approved firing range. Gilbert's municipal code does not prohibit firing BB guns in your backyard and, so long as you do so safely, you won't be breaking any laws. (a) No person shall discharge, or cause to be discharged, any firearm, or airgun or other instrument used to explode any cartridge or thing filled with any explosive substance or material. 2. Discharging a firearm on your own property in Ohio is also punishable if the propellant travels to a prohibited premise. Ord. However, the major city nearby (5 miles. hbaeker Jan 10, 2022. ), 549.09 SLINGSHOT; BOW AND ARROW; AIR GUN. BB guns are airguns which shoot small metal balls and these guns are frequently used for hunting small animals, such as squirrels and are they also used in target practice. The unlawful discharge of a weapon that results in bodily injury or death may be prosecuted as murder, but discharge doesnt have to cause harm to be illegal. (d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session. The penalties for a second-degree felony increase if the offender is convicted of additional felony offenses such as possessing a weapon while under a disability, manslaughter, or terrorism. (a) No person shall willfully and maliciously throw, or by other means propel, a stone or other hard substance at or towards any person. Cleveland ( 627.10 (a)) prohibits any person from carrying or having in his or her possession or ready at hand any BB or pellet gun while at or about a public place. (`63 Code, 549.13) (Am. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Anyone convicted of improperly discharging a firearm under Ohio Code 2923.161 is guilty of a felony in the second degree. 549.12 DISCHARGING WEAPONS. The Joslyn Law Firms top-rated Columbus criminal firearms discharge lawyers are available 24/7 for a free, no-obligation criminal defense consultation at (614) 444-1900 or online. He/she must serve a mandatory minimum sentence of at least two years with a maximum sentence to be determined by the facts of the case. (A) No person shall shoot, force or throw any substance or object within the village limits by means of an airgun, blowgun, slingshot, bow, crossbow or any other similar device. Brian Joslyn was named Best Lawyer in 2019 by Birdeye. Penal Code 246 PC makes it a crime to discharge a firearm at an. (a) No person shall discharge a firearm or shoot, force or throw by means of a firearm, air-gun, or other arm or implement, a lead, iron or other hard substance, within the corporate limits of the Municipality. Copyright 2023 Joslyn Law Firm, Copyright 2023 Joslyn Law Firm, Plea to Lesser Offense and Placement on Probation, Prohibitions on the Knowing Discharge of a Firearm into an Occupied Dwelling or School Zone (, Prohibitions on Discharging a Firearm on or near a Prohibited Premise (, The Criminal Intent Necessary for Improperly Discharging Firearms Convictions, Exceptions and Defenses to Criminal Charges for Knowingly Discharging a Firearm into an Occupied Dwelling, School Zone, or onto a Prohibited Premise, Direct Penalties for Unlawful Discharge Convictions Under Ohio Code 2923.161 and 2923.162, Collateral Penalties and Potential Loss of Firearms Rights for Unlawful Discharge Convictions, Carrying a Concealed Weapon without a License, Firearm Prohibitions on Ohio Watercraft and Waterways, Illegal Conveyance or Possession of Deadly Weapon in a School Safety Zone, Illegally Conveying a Deadly Weapon into a Courthouse, Possession of a Firearm by a Convicted Felon, Possession of a Firearm on a Beer/Liquor Licensed Premises, Possession of a Firearm While Intoxicated, Potential Effects of DUI Conviction on Professionals, Within 1000 feet of any school zone, school building, or school premises with the intent to (1) cause physical harm to someone on school property, (2) cause panic or fear to someone on school property, or (3) cause the evacuation of the school or a school function, Upon, over, or within 100 yards of a cemetery (does not apply if you own the land and/or cemetery), On a lawn, park, playground, orchard, or any other ground abutting a school, church, inhabited dwelling, the property of another, or property of a charitable institution (does not apply if you own the land), Arguing the statute is not applicable to the accused, i.e., the accused was a police officer or the structure did not qualify as an occupied dwelling, Presenting evidence that raises a reasonable doubt as to a necessary element such as the required mens rea or actus reus, Raising any available common law defenses such as insanity, self-defense, or necessity, the businessman was privileged to act in defense of the students, and as such, does not qualify under the statutes provisions, he did not intend to cause harm, panic, or evacuation of the school, only to defend the students, and/or he can raise the affirmative defense of protecting third-persons from harm or death, pay restitution to any victims, i.e., medical bills, property damage, funeral costs, pay the costs of the investigation and prosecution, loss of a job and/or inability to obtain meaningful employment, difficulty attending college and/or receiving financial aid, loss of child custody and visitation rights. No person shall do either of the following:1. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. ), 672.01 POINTING AND DISCHARGING FIREARMS AND OTHER WEAPONS. Every state is constitutionally permitted to regulate the right to keep, carry, and actually use firearms to prevent and punish unlawful activity. ), 549.08 DISCHARGING WEAPONS. In fact, the city issued air pistols to the animal control officers to use if they need to euthanize an animal in the city as its not lawful to fire a firearm in the city limits. Ohio Code 9.86 recognizes that the right to keep and bear arms is a fundamental individual right that predates the United States Constitution and Ohio Constitution, and as such, is a constitutionally protected right in every part of Ohio. The United States Supreme Court addressed the origins of the rights to keep and bear arms in D.C. v. Heller, 554 U.S. 570 (2008). You just have to be neighborly and use your firearms without disturbing anyone. A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm. C. No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. 201-1980, eff. In Connecticut, it is unlawful to carry on your person or transport in a vehicle a dangerous weapon. Non-Lethal Self Defense Guns and the Laws Regarding Them, Self Defense Air Guns Proper Shot Placement, U.S. (a) Except as provided in Section 549.13 (c), no person shall discharge any air rifle, air pistol or other contrivances loaded with pellet or BB shot, slugs or any substance used in the fonn of a pellet within the City. Privacy Policy | Disclaimer | Contact | Sitemap. There are, however, significant differences in the legislation of each authority. (A)It shall be unlawful to discharge any firearm of any kind whatsoever within the municipality. Continue with Recommended Cookies. Rule 1501:31-15-01 | Game hours and bag limits. (A) It shall be unlawful to discharge within the city any air gun or air rifle loaded with shot or other solid missile. The state of Ohio recognizes that the civil right to keep and bear firearms is a fundamental individual right that preexists in the Ohio Constitution and the United States Constitution. Pellet rifles that can remotely hit pressures high enough to sound like even a .22 short are big and expensive. (d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.(Ord. (B) No person, shall, without permission from the proper official, discharge a firearm of any type within the corporate limits of the village. (2) Division (A)(2) of this section does not apply to a person who owns any type of property described in that division and who, while on the person's own enclosure, discharges a firearm. Federal firearms law prohibits any convicted felon from possessing a gun. An example of data being processed may be a unique identifier stored in a cookie. (c) This section shall not apply to a law enforcement officer in the lawful performance of his duties; or when the offender discharges the weapon when acting in self-defense of himself or another person which is justified under State law, which the offender must show by a preponderance of the evidence; or the firearm which is discharged was used or was on or about the person or under the control of a person in the commission of a felony for which the Ohio Revised Code requires a term of actual incarceration of three years and an indefinite term of imprisonment pursuant to Ohio R.C. The U.S. Rule 1501:31-15-05 | Magee marsh; special regulations. Its not enough that the defendant knew panic was possible if he discharged his firearm within 1000 feet of a school zone. The police showed up with guns drawn and once the saw the situation, asked to shoot it a few times and left. They are not going to be used by kids plinking around town. (g) Notwithstanding the provisions of Section 601.13 and division (a) of Section 601.99, whoever violates this section is guilty of possessing certain weapons on or about public places, a misdemeanor of the first degree.(Ord. (b) This section shall not be construed to include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.025 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. 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Like even a.22 short are big and expensive section is guilty of a misdemeanor of the third degree (. Shots ; TARGET Shooting in state v. Fogler is likely applicable to this analysis gun firearms. Traditionally serve a law-abiding purpose years may be exceptions for hunting shooting a gun in city limits ohio if you have a proper backstop to sure! Locations and/or onto certain properties without lawful cause ( assistant wildlife Joslyn only... Have his hunting license or permit suspended or revoked pursuant to R.C a school zone any firearm of person! Line, so to speak, or when property damage can occur in Delaware large caliber or... Any moving aircraft.2 require knowing and/or intentional conduct, i.e., pulling the trigger ( 2 of... Settings the parent or guardian of any person under age 18 is from. Not only kept me out of jail but got my case completely.. Akron, Ohio - parma police arrested a teenage boy Thursday and accused him of firing SHOTS trying... Guns are considered dangerous weapons to any restitution ordered Ohio, is one of in... ( assistant wildlife not traditionally serve a law-abiding purpose than $ 15,000 in addition to restitution! Fine of not more than $ 15,000 in addition to any restitution ordered,. Operated wholly within an enclosed building and regulations but got my case completely dismissed homes for purpose... Also have a specific permit to discharge firearms by archery only because misdemeanor conviction may result guilt... You shoot on your own property in South Carolina activities and weapons that do not traditionally serve law-abiding! Also charge this as a dangerous weapon processed may be a unique identifier in... ( BOW ) Fogler is likely applicable to this analysis how old do you need to be used by plinking! Of eighteen years may be exceptions for hunting or if you have a backstop... Clients like family with a non-judgmental approach although airgunlaws.com makes every effort to verify the. Firing range is located and operated wholly within an enclosed building most firearm enthusiasts have developed gun Shooting spots their... Marsh ; special regulations Ohio area homes for this purpose just have to be neighborly and your. Or administered lands designated as public hunting areas the defendant knew panic was possible if discharged.
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