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Discharging within city limits? vs WMA


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Posted

Im pretty sure there is a WMA within city limits, how does that work?  What about land adjacent to it, can you hunt that?  This is Chattanooga btw.

 

Oh, and where are you guys looking up the local codes?

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Posted
You should go talk to a Command Officer at whatever Police Department would respond to the call and hear what they have to say.

Here is a link to Chattanooga City Code.
http://www.chattanooga.gov/city-council/city-code

Here is a hunting story that touches on the issue.
http://middlesborodailynews.com/bookmark/17111949
 
 

“City Ordinance Chapter 6 Firearms and Weapons Section 11-603 – It shall be unlawful for any unauthorized person to discharge a firearm within the town limits of New Tazewell.”

City officials will highly enforce this ordinance from January 14-22 to help insure public safety around populated areas such as schools and businesses.

Also something for hunters to be aware of and consider is the Tennessee State Attorney General’s opinion, which contradicts the city ordinances when it comes to this hunting issue. Basically, the opinion (98-038) made by the Attorney General states that no city ordinance may superseded the state laws regarding hunting and/or discharging a firearm in city limits. As long as the hunter shows that he is hunting in a safe and legal manner he has a right to hunt inside a city’s boundaries but if a hunter is proven to be unsafe and found to be reckless in the discharge of said firearm he or she will most likely be charged with reckless endangerment which is a felony. This is an ongoing issue for the State of Tennessee and the opinion will not prevent a city police department from charging a hunter with an ordinance violation and to this day officials say that no case has ever made it to the courts keeping the city governments and state government at odds.


Keep in mind that AG opinions are not law. It appears that the state and local governments are at odds. It could be expensive to get caught in the middle.
Posted (edited)

You should go talk to a Command Officer at whatever Police Department would respond to the call and hear what they have to say.

Here is a link to Chattanooga City Code.
http://www.chattanooga.gov/city-council/city-code

 

I researched 'Nooga code some time back (re shooting pellet gun in Mom's backyard), and surprisingly, no absolute ban on discharging firearm or air gun in city limits per se. Just permission, safety, and noise stipulations:

 

"Sec. 25-6. Target or practice shooting.
(a) It shall be unlawful to target practice with a firearm without the express written consent of the owner of the property, either public or private, where such target practice occurs. Such written consent shall be on the person of the shooter while shooting. It shall further be unlawful to discharge a firearm on any property, public or private, with or without consent, wherein such discharge endangers adjacent or neighboring property, either public or private, or the owners or tenants thereof. It shall further be unlawful to discharge a firearm on any property, public or private, with or without such written consent, wherein such discharge disturbs nearby residents or businesses.
( B) For the purposes of this section, the term "firearm" shall mean any weapon from which a shot is discharged by force of an explosive or a weapon which acts by force of gunpowder, and shall also include all weapons which expel a projectile by means of the expansion of compressed air and/or carbon dioxide; the term "disturbs" shall mean to create a loud or obnoxious noise; the term "endangers" shall mean to discharge a firearm in a manner that shot or projectiles cross or fall on other properties; and the term "nearby" shall mean any property within six hundred (600) feet of the point of firearm discharge.
(Code 1986, § 25-6)"

 

- OS

Edited by Oh Shoot
Posted

Im pretty sure there is a WMA within city limits, how does that work?  What about land adjacent to it, can you hunt that?  This is Chattanooga btw.

 

Oh, and where are you guys looking up the local codes?

Check and see which WMA it is. Then look up the regs for that WMA. Those regs will tell you what weapons are legal to use. The WMA's here that are near populated areas are "archery only", and firearms are not permitted. Go to http://www.tnwildlife.org

 

Dave S

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