tannerite = disorderly conduct

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  • BearArms

    Plinker
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    Oct 19, 2008
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    At what point does "unreasonable" stop? Does a loud Harley riding up and down the road qualify as unreasonable? What about fireworks? I would say 1/2 lb of tannerite is about equivalent to the loud percussion fireworks shells. The law is really vague. Is there an amount of times before it becomes "unreasonable"?
     

    bstewrat3

    Master
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    142   0   0
    Apr 26, 2009
    1,532
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    Beech Grove
    If the sound leaves your property and is heard on the property of another party who finds it offensive and complains you lose. I have never heard of a certain decibel level that constitutes excessive. I remember in Tennessee when I was stationed at Ft Campbell in the early 90's the only requirement to write a person for loud speakers was if you could hear a persons radio inside of your vehicle with your windows up the person was in violation. I don't know of anyone who actually wrote those tickets but the option was there. People have a right to not be disturbed unless it's the government making the noise.
     

    grimor

    Shooter
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    0   0   0
    Nov 22, 2010
    1,111
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    Elkhart
    we in the "boonies" around here still have a noise ordinance http://www.elkhartcountysheriff.com/noise.pdf
    I tried to get a permit for a party once that I thought might have an issue with noise. The person I talked to on the board of zoning appeals said "you don't need one for a party, just invite all your neighbors" when I said I don't want to invite everyone in my neighborhood he said "well those permits are more for things like church events, just don't be too loud"

    It was a very productive conversation.....
     

    shibumiseeker

    Grandmaster
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    51   0   0
    Nov 11, 2009
    10,749
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    near Bedford on a whole lot of land.
    At what point does "unreasonable" stop? Does a loud Harley riding up and down the road qualify as unreasonable? What about fireworks? I would say 1/2 lb of tannerite is about equivalent to the loud percussion fireworks shells. The law is really vague. Is there an amount of times before it becomes "unreasonable"?

    If you read the statute posted, it clearly says if it continues after you have been asked to stop. So you could set off a hundred pounds at one big time just once and be fine. But set off 99 one pound shots, be asked to stop by law enforcement, then set off the next one and you could be cited.

    But if what you want is a specific answer as to how loud, there isn't one. That's up to you to argue in front of a judge if you get cited, and arguing all day long on an internet site about it won't change it one bit.
     

    03A3

    Expert
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    0   0   0
    Jan 8, 2009
    1,459
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    Shaker Prairie
    As has been said, talk to your neighbors in an unconfrontational way. To do otherwise will only make matters worse.
    Face it, you may have to stop playing with Tannerite. That's not the end of the world in my book. If you turn this into a big deal with them, then they may also start calling LE about gunfire.
    We all know there are people who will complain about anything. Don't provoke them.
     

    BearArms

    Plinker
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    Oct 19, 2008
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    Under open conditions and the right atmospheric conditions, yes it can. In the mining industry there are regulations concerning open air blasts because things like temperature inversions and different types of cloud cover can duct or reflect the sounds much farther than you would think.

    I am NOT saying it DID, but that it CAN. If you want to start or continue a feud with your neighbor that's up to you.

    Well if it did in this instance, then the guy has some ****ty windows.(lots of hills and all wooded in between)

    (not directed only at you) And where in any of my posts did I say anything about wanting to feud with said neighbor?

    And I didnt come here to "Argue on the internet". I came here to see if anyone else had any experience with this. I knew when I asked all the questions that there was not any clean cut answer, just making a point that the law is too vague.
     

    bobzilla

    Mod in training (in my own mind)
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    Nov 1, 2010
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    Brownswhitanon.
    The law has to be vague. There is no possible way that the law can address every single possible scenario. The courts generally will use a "reasonable man" standard to determine whether something fits the statute or not. Blowing up tannerite and rattling windows a mile away would probably meet the standard of "unreasonable" if someone complains.

    If a little common sense, and a little courtesy is used, the technicalities of the law become increasingly irrelevant.

    This is the important part. Common sense and a little common courtesy. I don't care if your neighbor has the ****tiest windows in the world, if you're causing a disturbance with them than that's not being very polite is it? What if they work 3rd shift and were trying to sleep? Would you appreciate it if someone was setting off explosions loud enough to rattle your windows?
     

    Plinker

    Sharpshooter
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    Dec 26, 2010
    622
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    Fort Wayne
    The sound from explosions can carry quite a distance if the conditions are right. A few weeks back, windows were rattled in Fort Wayne from controlled explosions from a mine in Muncie. (~60 miles)
     

    bobcoop06

    Marksman
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    2   0   0
    Jun 16, 2010
    164
    18
    Marshall County
    Well if it did in this instance, then the guy has some ****ty windows.(lots of hills and all wooded in between)

    (not directed only at you) And where in any of my posts did I say anything about wanting to feud with said neighbor?

    And I didnt come here to "Argue on the internet". I came here to see if anyone else had any experience with this. I knew when I asked all the questions that there was not any clean cut answer, just making a point that the law is too vague.

    You asked what everybody else though about it. Obviously, everybody didn't jump on your side and start the typical cop-bashing, like I feel you were looking for. Really, the only person arguing anything is you. I think just about everybody has agreed that if you were disturbing someone, that is unreasonable. Just because the only person hated more here than a cop would be a liberal, gun control advocating cop that carries a Hi-Point does not mean that you are automatically in the right. Give it up already and go apologize to your neighbor.


    :soapbox:
     

    BearArms

    Plinker
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    Oct 19, 2008
    128
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    You asked what everybody else though about it. Obviously, everybody didn't jump on your side and start the typical cop-bashing, like I feel you were looking for. Really, the only person arguing anything is you. I think just about everybody has agreed that if you were disturbing someone, that is unreasonable. Just because the only person hated more here than a cop would be a liberal, gun control advocating cop that carries a Hi-Point does not mean that you are automatically in the right. Give it up already and go apologize to your neighbor.


    :soapbox:

    Really?? How do you feel like I was looking for "Cop Bashing"? I don't give a rat's @$$ if people jump on my side or not. I figured with 14k+ (or however many) members on this site someone would have dealt with this before.
     

    hoosiertriangle

    Sharpshooter
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    Jun 17, 2008
    356
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    Avon, IN
    You've really gotten your answer here to your question. The statute says an "unreasonable disturbance." Most everyone is saying that IF their windows rattled from distant explosions repeatedly, they would find that to be an unreasonable disturbance. If only one person objected and everybody else was ok, then that one objector would be unreasonable. It's really about what he community finds to be acceptable and it appears most find your situation to be an unacceptable interruption. And for what its worth, if my window were shaking every few minutes from a distant explosion, I'd call that unreasonable and probably call as well.

    Your best suggestion was to invite the neighbor to participate and apologize. It can't hurt to find out more about what was going on. Good luck!
     

    762Mike

    Marksman
    Rating - 66.7%
    2   1   0
    Jan 10, 2011
    177
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    A mile away seems like he is well out of concussion range in my opinion. Beware going over there to be nice and talk with him, go ahead and try it but take someone with you and ccw. Some people are crazy, he might not be all there.
     

    RobbLG

    Marksman
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    0   0   0
    Dec 6, 2010
    276
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    After reading this thread, I don't think the important part of the statute is "unreasonable" as much as "after being asked to stop"... Just my :twocents:
     

    STEEL CORE

    Master
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    92   0   0
    Oct 29, 2008
    4,382
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    Fishers
    Yep, they left Ted Kaczynski, and Tim McVeigh, alone while they were testing their equipment,just having fun. Why single you out these days? Go figure?:dunno:
     

    Ashkelon

    Expert
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    Jan 11, 2009
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    changes by the minute
    Back the truck up a bit on this one. What makes you think the Trooper really came out there because of a neighbor complaint. A guy blowing up to 1/2 pound of tannerite over and over and over is going to get some serious LEO attention.

    Its completely legal for you to do but unless you have a LEO with you while you do it you will likely be viewed by responding LEOs as some type of risk.

    The neighbor call may be nothing more than pretext for the stop and check you out visit.
     

    Mr.Strato

    Shooter
    Rating - 0%
    0   0   0
    Jan 20, 2011
    99
    6
    "The neighbor call may be nothing more than pretext for the stop and check you out visit."

    BINGO! I think and hope this was the case. Unfortunately McVey and Klusinski(sp),that killer/shooter in AZ.,and a world smattered with wackos means we need to check things out.
    While "visiting" your neighbor may sound like a good idea, somewhere in the conversation it's gonna boil down to "did you call the cops on me?". I'd go in apologizing and "understanding his concern". He still may not appreciate being singled out as the "guy that called the cops"...Better OC to head off trouble!
     

    Bendrx

    Expert
    Rating - 0%
    0   0   0
    Sep 3, 2009
    975
    18
    East Indy.
    I'd just like to say that if you typically OC, then fine, if you typically CC then fine. But don't bring weapons to a guys house just to say "sorry". If I normally OC'd then I'd actually CC as to not come across hostile. Just my 2 cents. You know your neighbors far better than we do. Some of the advise almost sounds like you should go pick a fight to me. I don't think that's the intent but that's what it would look like to me.

    As for the tannernite, I think legally you're in the clear as long as you only do 1 or 2 and not all the time. Can anyone say what the "notice period" is. As if if somebody asks you to stop, and then a week or two later you shoot off another 1 or two?
     
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