Ocean View man charged with discharging a firearm

It will be interesting to see what criteria the court will use to decide if HOVE is a “residential area,” which is the basis of at least the WHT-reported alleged violation. All of HOVE (except a few highway-fronting lots) is designated to be “Agricultural” by State land use law, and is also designated to be “Agricultural” by County land use law (the Zoning Code).

Will the court say that regardless of land use law classifications, all 1-acre lots are “residential” for other purposes (discharging firearms) because it “seems” similar to “Urban” designated (and zoned) residential areas? What about 3-acre lots, like HOV Ranchos below the highway – are they “residential” for firearms purposes, even though the State and County deem them agricultural areas by law? What about 5-acre lots, in the middle of Kaloko Mauka subdivision, or down Opihihale way? Or 10 and 20-acre lot subdivisions, like Waikii Ranch part way up Old Saddle Road?

Most people will agree that firearm discharges should not be allowed in areas comprised of small ag lots, especially under 5 acres, and arguably even larger ag lot areas. But the law gives no guidance that I’m aware of on what criteria are to be used in deciding what lot size makes ag to be “residential” for firearms control purposes; it’s up to the courts to “draw the line” on what density makes an area “residential” versus “agricultural.” Either way the court rules, I hope the State or County (or both) amend the appropriate State statutes and County codes to “draw the line” officially, perhaps to a 10 or 20 acre minimum, so every one knows what’s OK and not OK.