Backyard shooter muzzled

Exeter News-Letter ^ | 4/29/05 | Liz Chretien

[kiriath_jearim]

Backyard shooter muzzled

By Liz Chretien

EPPING - An Epping man is at odds with town officials, claiming they are squashing his constitutional rights by not allowing him to target-shoot in his backyard. Timothy Hannagan of 20 Norris Court said he bought the property specifically because, as he understood it, state law permitted him to shoot there.

According to New Hampshire RSA 644:13, "A person is guilty of a violation if, within the compact part of a town or city, such person fires or discharges any cannon, gun, pistol, or other firearm, except by written permission of the chief of police or governing body."

In this case, a compact body refers to "any contiguous area containing six or more buildings which are used as either part-time or permanent dwellings and the spaces between them where each such building is within 300 feet of at least one of the others, plus a perimeter 300 feet wide around all the buildings in such area."

According to Police Chief Gregory Dodge, Hannagan’s neighborhood fits the definition of a "compact body."

"I’m not reckless, I don’t shoot at night, and neither neighbor has a problem," said Hannagan, who shoots antique rifles as well as modern pistols and rifles. "The two horse farms in town complain about the noise, so the police are constantly down the house harassing me. They don’t complain about the racetrack, or all the building equipment in town."

Dodge said Hannagan is not about to get permission from him. "It’s not proper for him to shoot there. It’s a compact part of town," Dodge said.

Hannagan appeared before the Board of Selectmen to voice his concerns, but the selectmen said they would defer to the police chief.

"They’ve been no help," Hannagan said. "The board won’t go over the chief’s head. He’s abusing his authority. People are just unsettled with guns. They have a prejudice against them."

Hannagan said he’s taken safety precautions on his property. "I put up a backstop on my property, exactly the kind that most target ranges use," he said. "I’m a qualified marksman; I know exactly where my round is going."

Town Administrator Steve Fournier said Hannagan will probably not get the permission he is seeking. "The board can review it, but a lot of safety items need to be worked out," he said. "You’re in a neighborhood."

Hannagan said he is not giving up. "I’ve called the attorney general and every other state agency, and no one can give me (a) straight answer," he said. "If I have to, I’ll sue the town for the right to shoot on my own property. I’m shooting in a safe direction, and it shouldn’t be an issue."

"I’m sorry the laws aren’t conducive to his shooting, if that’s why he bought the house," Dodge said. "But the law is the law. You can’t discharge firearms in a compact area of town without permission from the police chief or the governing body."

"It’s my constitutional right, and I will fight for it," said Hannagan.

[LibFreeOrDie]

I live in NH, and I've always laughed at the "Urban Compact" signs around here, usually next to the lonely Grange building and single traffic light in town.

(Don't get me wrong. I love living here, but "urban"? They have no clue!)

[coloradan]

I'm sure glad I live in an expanded part of Colorado.

[SWAMPSNIPER]

In 89, I bought 5 acres, almost 700 feet deep, so that I could shoot in the backyard. Beyond the 700 feet is another 1/2 mile of almost impenetrable wilderness. Gated communities are coming in all around the area, so I suspect My days of freedom are numbered.
If You are shopping for a place in a Florida gated community, and an old Redneck drives by and flips You the bird, who knows, it could be Me.

[Paladin2]

Maybe you should consider getting into 'gator wrestling. ;-)

[joesnuffy]

air rifle

[SWAMPSNIPER]

Been there, done that, but that is a sport for the youngin's. I can tell You what to do and get You close if You want to give it a try.

[fella]

And to think these are the decedents of the very people who fomented and lead us into our Revolution. Alas they did turn tail and crawfished on out when the weather turned bad or the hated over taxing oppressors appeared in force.

[ZULU]

"They’ve been no help," Hannagan said. "The board won’t go over the chief’s head. He’s abusing his authority. People are just unsettled with guns. They have a prejudice against them."

There should be no such thing as a "police chief" in ANY municipality. It provides them with dangerous power and autonomy. Instead, each muinicipality should have anappointed Director of Law and Public Safety who is answerable to the elected officials and residents of the town - something a police chief is not. HE should issue the policy directives to law-enforcement personnel, not one of their own.

If a civil appointee is unsatisfactory, he can be removed and replaced with someone who is more amenable to elected officials.

A police chief is often protected by Civil Service rules, has tenure, is backed by the F.O.P. or P.B.A. and can't be removed for anything short of a grevious criminal offense.