My Neighbors Called the Po-Po on Me

[toddnjoyce]

...This neighbor is going to call everytime I shoot. ...
Here's the worst thing: even if I somehow permanently make the Sheriff aware I can legally shoot on my place the neighbor can shoot a hole in his window & say I did it. That could put me in a world of hurt.

I'm legal & safe. My neighbor doesn't like it.

You’re in a tough spot, only thing worse than a bad neighbor is a bad lawyer. I wouldn’t be too worried of the neighbor making a false claim; it sounds scary, but I think it would be defensible on your part.

The civil side is where I would be most worried. Only thing that can probably help there is a good lawyer.

 

[TX OMFS]

It sounds like you’re trying to be a good neighbor. I’m my experience, trying to escalate the situation or acting like a bad neighbor doesn’t help. I’d just continue to shoot safely and not worry about them. The police can’t come on your property without probable cause and if your neighbors try to frame you for a negligent shooting, the burden of proof would be on them.

I’m old enough to remember when Texans tried to be polite and get along with their neighbors.


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Burden of proof is on them but it may cost me a bunch of money & be a PR nightmare. I'm waiting to hear from my attorney. It may take a few days. I'll update w/ the attorney's opinion when I get it.

 

[TX OMFS]

You’re in a tough spot, only thing worse than a bad neighbor is a bad lawyer. I wouldn’t be too worried of the neighbor making a false claim; it sounds scary, but I think it would be defensible on your part.

The civil side is where I would be most worried. Only thing that can probably help there is a good lawyer.

Good point. I could wind up in court on a civil suit. Great. This could get ugly unless I want to give up my rights or he backs down.

 

[Vaquero]

Does your neighbor still have his wisdom teeth?

 

[Moonpie]

Napoleon 12pounder

 

[BillFairbanks]

Good point. I could wind up in court on a civil suit. Great. This could get ugly unless I want to give up my rights or he backs down.

Forgive me if you’ve already said this and I missed it.

What is your neighbor’s specific problem? Does he think you’re being unsafe or shooting towards him? Is he annoyed by the noise? Or, is he just anti-gun?

I used to shoot at my friend’s house which is on 4 acres in the county. Some of his neighbors complained about the noise, so he bought a supressed.22. He’s been waiting for about a year for approval.


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[Maverick44]

The best I came up with is filing a civil suit for harrassment. Calling the police on me every time I do something legal would meet the criteria. I can get a restraining order.

Problem is a restraining order doesn't allow me to commit a crime. If the guy puts a hole in his window & says i did it, I'm still in trouble.

My wife showed me he was on that neighborhood app a few months ago accusing people of poisoning his trees.

Is his house beyond the berm, or in a completely different direction? If it is in a different direction, I would put up external security cameras that would show what direction you are shooting in.

I would also immediately file harassment charges. Start that process NOW.

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[Southpaw]

The best I came up with is filing a civil suit for harrassment. Calling the police on me every time I do something legal would meet the criteria. I can get a restraining order.

Problem is a restraining order doesn't allow me to commit a crime. If the guy puts a hole in his window & says i did it, I'm still in trouble.

My wife showed me he was on that neighborhood app a few months ago accusing people of poisoning his trees.

Maybe keep a video diary of every time you shoot assuming the direction you are shooting isn't somewhat aimed at his house, with video and time stamp at least you might have evidence to refute any false allegations

Eta...or what Mav said about surveillance cams.

 

[toddnjoyce]

I would also immediately file harassment charges. Start that process NOW.

What elements of TPC 42.07 has the neighbor committed?

Having literally just gone through this in the last couple of weeks, I’m about 100% certain the neighbor isn’t committing criminal harassment, but as always, I could be wrong.

As a civil matter, I don’t think this even qualifies for civil liability of stalking, but might qualify as defamation of character.

It’s really tough to limit the ability of a citizen to contact law enforcement.

 

[toddnjoyce]

Burden of proof is on them but it may cost me a bunch of money & be a PR nightmare. I'm waiting to hear from my attorney. It may take a few days. I'll update w/ the attorney's opinion when I get it.

Do you have purple fence posts or other effective notice of no trespassing? That might be helpful in telling the story of you being diligent in restricting access.

Can also become leverage later.

 

[TX OMFS]

Does your neighbor still have his wisdom teeth?

I'll ask. Maybe.

 

[TX OMFS]

Do you have purple fence posts or other effective notice of no trespassing? That might be helpful in telling the story of you being diligent in restricting access.

Can also become leverage later.

Already thought of it. I will have by the end of the week.

 

[TX OMFS]

Is his house beyond the berm, or in a completely different direction? If it is in a different direction, I would put up external security cameras that would show what direction you are shooting in.

I would also immediately file harassment charges. Start that process NOW.

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Good idea. I'll be getting a camera this week as well.

 

[TX OMFS]

Forgive me if you’ve already said this and I missed it.

What is your neighbor’s specific problem? Does he think you’re being unsafe or shooting towards him? Is he annoyed by the noise? Or, is he just anti-gun?

I used to shoot at my friend’s house which is on 4 acres in the county. Some of his neighbors complained about the noise, so he bought a supressed.22. He’s been waiting for about a year for approval.


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Last October it was that I was illegal & unsafe. The deputies disagreed on both & told him so.

Yesterday it was again that I am not legal based on that code that doesn't apply to me. Yesterday he added that ricochets, bullets, and/or rocks were flying around and rocks landed on his greenhouse. Rocks did not land on his greenhouse. I was shooting into sand & never heard a ricochets or saw rocks flying.

Of course I don't want anything leaving my property & I'm willing to improve my range but no matter what I do he can make false accusations.

 

[baboon]

You need to make a good recording at a machine gun shoot & play it real loud & see if his bitch really is triggered by sound.

 

[BillFairbanks]

Last October it was that I was illegal & unsafe. The deputies disagreed on both & told him so.

Yesterday it was again that I am not legal based on that code that doesn't apply to me. Yesterday he added that ricochets, bullets, and/or rocks were flying around and rocks landed on his greenhouse. Rocks did not land on his greenhouse. I was shooting into sand & never heard a ricochets or saw rocks flying.

Of course I don't want anything leaving my property & I'm willing to improve my range but no matter what I do he can make false accusations.

That’s unfortunate. It sounds like you’re being reasonable and he’s not.

Good luck. If I were in your situation, I’d just maintain the high road, make sure to continue to be safe and considerate, document the steps you’ve taken to be a good neighbor, and keep some waters in a cooler for the cops.


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[Dred]

The best I came up with is filing a civil suit for harrassment. Calling the police on me every time I do something legal would meet the criteria. I can get a restraining order.

Problem is a restraining order doesn't allow me to commit a crime. If the guy puts a hole in his window & says i did it, I'm still in trouble.

My wife showed me he was on that neighborhood app a few months ago accusing people of poisoning his trees.

I suggest HD, NV cameras discretely pointed at all sides of his house that face your property.

It is an annoying expense, but a video of him setting you up would be a forever fix - he can't complain from the pokey.

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[Mowingmaniac 24/7]

Stalkers come in many guises.....

 

[BillFairbanks]

I suggest HD, NV cameras discretely pointed at all sides of his house that face your property.

It is an annoying expense, but a video of him setting you up would be a forever fix - he can't complain from the pokey.

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We recently installed 2 new security cameras from our alarm company. They’ve gotten a lot cheaper and the resolution is great.


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[TX OMFS]

Instead of taking over the world I'm looking at Google Earth and talking to random internet weirdos about my first world problems.

Neighbor's house is about 45 degrees to one side of the line of fire. House is 277' up hill from where I typically fire if I'm shooting 20 yards. The house is 31' above my firing line.

The greenhouse is almost directly above my berm, 270' away up the hill and 37' above my firing line.

My backstop is 17' tall with the lower 8' or so being only sand. There is rocky soil above that. You can see the photos in the OP.

There are houses, structures, or risks in every direction of my property within rifle range. There is no direction I can shoot in that is not dependent on a good backstop & good firearms practices. It seems to me the issue is whether or not I'm legal to shoot (I am) and then whether or not I can keep the bullets on my place. I think I'm keeping the bullets on my place but the neighbor says I'm not. That is tough to prove and opens up a lot of potential trouble.

I do want to be a good neighbor. I don't want to be the one everyone hates. I don't want my rights restricted either. I guess I'll have to decide how bad I want to shoot & how far I'm willing to take this. Then there's the fear that the neighbor figures out who I am and starts bombarding my social media creating problems...