Pond Boss Forums INTRO Questions & Observations Local pond owner getting complaints..

Dave, thanks for posting that, I also understood it's against the law in Texas for a bullet to travel across property lines.

Tracy

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Texas is not alone in that regard. Trespass by projectile is what I have heard it called.

It's also very much illegal in Indiana to shoot across water, unless in the lawful pursuit of game. Might just apply to public water, unsure of that.

Here is the rest of the story.

I do a lot of walking for health, even at night when I can't sleep. 15 years ago I was walking about 3 AM without my flashlight turned on as my eyes adjust well to see in the dark. I was walking up my 350 foot driveway in the woods and there was a car backed in about 100 feet just setting in the dark. I didn't tap on the window for fear of not knowing what would happen. I recognized the car as one I had see once in a while at my problem neighbors . The next day I got a phone call saying we have people that can take care of you. I went to the Sharif's department telling them what happened and that I wanted a permit to carry a gun for personal protection. While I was being fingerprinted the Sharif came by and said you will be lucky if she gives you the permit.

Months later I drove up to McDonnell's and parked before a big window. A big guy, 6 foot, 250 lb was looking at me and came out and laid across my car hood. I said who are you and he said he was an uncle to my neighbors. He grabbed my finger bent it backward and broke it. I went back to the Sharif’s department, told them what happened and was asked if I wanted to file a complaint. Knowing that was probably useless with this Sharif I said I wanted this on the record in case something happened to me or my family. Then I wrote a note and put it on the porch of the problem neighbors.

“It said that a file was with the Sharif's department of the threats and assault of your family and because of those threats and the McDonnell's assault I was carrying a gun when this happened and I hoped I would be as restrained as I was that night if this ever happened again.”

I have never had a problem since.

What is ironic about this is I owned this property and surveyed it off in a generous 1 ½ acres so a family who bought it could enjoy the country life room for gardening, raising a family, etc. Local farmers had warned me to just rent the house so I could control who lived there.

As for laws to shooting across land boundaries in Indiana or federal laws, I really searched the internet when this was happening and couldn't find anything state or federal about shooting firearms in the country that would give me protection. I never found any law for Indiana at the time that said you must shoot into a berm. If there is one now, it is a joke. At hunting time shooting is going on all over the place. I had one deer shot and gutted and another came down to the pond and died in the pond. If there was a berming law at that time wouldn't you think the Sharif would have required the neighbor to have one for my protection.

If the shooting is considered reckless, that it is against Indiana law, but based on your story, I would talk to the State Police. I do not understand you not filing charges concerning the assault.

I don't care who makes the regulations. Local, state, or federal....I draw no distinction between the three. Stand a representative of all three governing bodies side-by-side, and I highly doubt I could tell the difference.

Local, state or federal.....don't care. As long as there's some teeth imposed by somebody, somewhere, to help corral the multitudes who simply don't give a damn about what anyone else thinks.

I would agree, but refine to say those who abuse my right to enjoy my place without dodging bullets. I simply would not tolerate that. Now, the neighbor that burns his trash upwind of me, including plastic, every Sunday morning, has not caused me to complain in the last 10+ years, but it is not only illegal, but rude.

Agreed. I also have neighbors who burn nasty refuse in an open fire....illegal here also, but like you I have never said a word. And don't intend to. I think you have to apply a little common sense, diplomacy, and consideration for someone else before automatically jumping onto someone, legal or not.

Those darn shades of grey again.

I asked some neighbors last night if anybody knew what fish that guy is raising. Nobody knew. Most folks thought that the guy had no clue what he was doing.
Seems like he must know something, if he's got 5,600 lbs of fish in a one acre pond.
Our little municipality of Wildwood, was formed when the Mo Highway Dept was looking at coming through here with a eight lane bypass around St Louis. Now it's run by some serious tree huggers. You aren't supposed to cut a tree down on your property without getting permission. It's very rural though, so much goes on without the politicians finding out. They did get the highway stopped though, which was good for all of us. I wasn't looking forward to the noise.

So you do not care or respect the US Constitution? You do not give any merit to Article 1 Section 8 listing of enumerated powers? Oh boy...

I'm completely at a loss here. There are wolves, there are sheep and there are sheep dogs. If a wolf breaks my finger, I savage the wolf and I do it swiftly, surely and severely. I echo your understanding of every State I know of regarding reckless discharge of a firearm. You cannot allow a bullet to just be "at large" and not know your backstop.

If a deer comes down and dies at your pond this would have nothing to do with a backstop and there is no crime, it is simply how the cookie crumbles. A hunter cannot control where an animal will die anymore then we can control the next time we need to urinate. If an animal is shot and dies on my property the protocol, by law, is to have the hunter ask me to be able to come and fetch it which I kindly do. I also do not require anyone to even ask me to come and fetch it, my neighbors all know that they have carte blanche permission to gather up any kill from my land, ride their horses over here, let the kids play, whatever so long as they don't destroy anything. They allow me the same courtesy.

I think that many have given up on upholding the US Constitution. It has been weakened so much by a "death of 1000 cuts", that I do not see how it will ever be restored. I just hope we can survive this over the long haul. It is not that the result of each specific act is bad, but rather that the law of the land is no longer respected. We have processes in place that give each branch of government limits which are no longer respected. I think this is what was missed in the last Supreme Court legislative act, and it was what the dissenting opinion tried to communicate. I think that this was mostly lost on the public. The action's results on this particular case were great, but the judicial branch making legislation is very very bad IMO.

I don't hold that parchment in the same reverence that many probably do, this is true. Respect it, yes. Recognize the shortcomings of a 200+ year old document? Absolutely. Consider it the end all, final say on a subject....not even remotely.

A 2/3 majority can change it. That is not to your liking?

Not sure if you're addressing me, RAH? If I step in here where I'm not supposed too, I apologize.

I am completely on board with the 2/3 majority change. That's my point...If the constitution was the absolute perfection that some believe it is, there would never exist a need to amend it in any form whatsoever. It would be perfect, right from the start.

But if we recognize that certain parts, ANY parts, need clarification or amending, then that casts a certain... doubt(?) on the entire manuscript in my eyes. Like other extremely controversial subject matter, it often comes down to opinion, interpretation, and a whole lot of faith. To invoke the founding fathers on a regular basis as a means to justify one's position relies on a certain interpretation of what they were hoping to convey, centuries ago.

Is our interpretation correct? No way to tell. We can extrapolate, analyze, compare.....but in the end, we're just guessing. And one guess is as good as another.

It may not be perfect, but I would suggest that its the best thing going. I do worry about our future with everyone thinking everything is a shade of grey. There is a right and a wrong. It is wrong to lie, cheat, and steal, but many just except these things as normal so they are OK with accepting them. I am not one of those people. It is wrong, and folks should be held accountable.

Some things are easily recognized as black and white, right or wrong. But I do believe there are grey areas where personal interpretation is needed. The ability to distinguish these areas is where I see problems occurring for some folks.

Grey areas do exist, but everything is not grey. Some things are wrong. The ability to distinguish these areas is where I see problems occurring for some folks.

I agree completely.

You need to come north some time and share a beer with me on my dock. Just don't let my wife hear us "discussing" things at the top of our lungs. She gives me grief over that!

sprkplug, the US Constitution is the single most perfect document ever written by man to form a Country. As RAH mentioned, if "times change" the founders even had a mechanism to amend the rules, you just have to follow the rules to make the amendment. If one does not follow the recipe for change, you have complete anarchy, as the supreme court has created now.

If you do not follow the Constitution, you have nothing. Your rights are worth nothing. Violate even one part of this "imperfect document" and you violate it all, you tear the whole thing down. I find it very sad that you hold no reverence for a document that has made more people more free than any other form of government in human history.

We have now gotten to the point where the US Constitution should just be printed on toilet paper and used to "mop up" after using the restroom. It saddens me greatly to hear someone actually say it out loud that they don't rely on this document in all things governmental, we are lost. By the way, the Constitution is not to be interpreted, it is to be followed.

I know Tim. It's not always easy hearing someone share an opinion so different than our own. I appreciate the respect shown to my point of view during all the recent discussions we have had on the matter. I have tried to do the same, hopefully I have succeeded in that regard.

As far as being lost, I submit we have been lost for a long time. Since our ancestors swung down out of the trees, stood erect, and took those first few steps towards becoming "civilized"

"sprkplug, the US Constitution is the single most perfect document ever written by man to form a Country"

I agree, with the understanding that the words "thus far" be tacked on to the end of your statement.

I guess I have a faith of my own after all. I have faith that humanity will do better. That we will learn from all our past mistakes, and continue on to forge that more perfect union.

Thanks RAH. No worries.

I know. That is why I enjoy exchanging ideas with you.