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Air rifles in city limits


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Posted

Hey guys.

I live in knoxville city limits.

Are there any ordinances or rules about shooting air guns in city limits?

Or what if a squirell is being a pest, destructive. do i need a hunting license to shoot it (legaly).

Im planning on buying a decent .177 cal. piston air rifle for target practice and pest control.

will be shooting it in my backyard. I have about 225 feet to play with.

 

Posted (edited)

Yeah, there is city ordinance, no air rifles. Probably enforced hardly at all unless someone complains though. (that is not legal advice, as penalty can be fine/jail and confiscation of the airgun). Note there are few actually "quiet" air rifles, and any over about 1125 fps do the sonic crack regardless of how quiet the actual gun is.

 

 

"Sec. 19-109. - Discharge of firearms, air guns, etc.

( b ) Discharge of air guns, spring guns, etc. It shall further be unlawful for any person to fire or discharge any air gun or air pistol, spring gun or spring pistol, or other device or firearm which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, within the city."

 

You would also be in violation of TWRA statues to shoot a squirrel out of season or without a license, although there is indeed an out for that for "destructive" wildlife, but think it has to be your actual owned property. But the city ordinance sort of nukes that part I guess.

 

- OS
 

Edited by Oh Shoot
Posted

Dang! When we were looking at homes for sale i realy wanted to find something in the county so i could shoot but, the convenience of city life won out.

maybe it would be a good idea to buy a cheap crossman and put a few bucks away for a fine, just to test the waters in my neighborhood.

Posted

Living in Oak Ridge, it is also illegal to shoot any type of gun in the city limits. We had a nuisance coyote in the neighborhood greenway. I called the city to see if they would take care of it. They said they don't do wildlife. I asked if I could shoot it and they said definitely not! In fact they wanted to know my name and address at that point.

 

I called TWRA and got the same answer about them not doing anything with it. I asked what I could do with it if I trapped it, and they said I could club it to death.  :stunned:  

 

My son called even more recently for a skunk problem, and TWRA told him to trap it and drown it in a barrel.  :stunned:  :stunned:

Posted

Living in Oak Ridge, it is also illegal to shoot any type of gun in the city limits. We had a nuisance coyote in the neighborhood greenway. I called the city to see if they would take care of it. They said they don't do wildlife. I asked if I could shoot it and they said definitely not! In fact they wanted to know my name and address at that point.
 
I called TWRA and got the same answer about them not doing anything with it. I asked what I could do with it if I trapped it, and they said I could club it to death.  :stunned:  
 
My son called even more recently for a skunk problem, and TWRA told him to trap it and drown it in a barrel.  :stunned:  :stunned:


Someone should find him and drown him in a barrel.


The TWRA rep, not your son.
  • Like 2
Posted

^^^^  Yeah, is that even considered humane? 

 

On a related note it seems that most municipalities want nothing to do with any wildlife problem.  Back in my management days I had an employee knock on my office door, I opened up and he handed me a cardboard box and says "I caught this raccoon in the parking lot."  Needless to say I wasn't happy about the situation and the main thing running through my head was something along the lines of "I can't wait for this thing to bust out of this box and go ape s*** in my office."  The thing was obviously not right as it was being contained by a cardboard box.  I first called TWRA, they had no interest in coming to get it.  I called the local PD and was told "we don't do animals."  I flipped to the government section of the phone book and started calling and talking to anyone that would listen.  Eventually someone I talked to got a hold of the sheriffs department for me and they sent someone out to pick it up.  Ironically PD dispatch asked me if I had a gun that I could shoot it with, even after I informed them that I worked at a local retail store which was in the middle of town.

Posted (edited)

Someone should find him and drown him in a barrel.


The TWRA rep, not your son.

 

What about just waterboarding the skunk?

Edited by sigmtnman
  • Like 1
Posted (edited)

Dang! When we were looking at homes for sale i realy wanted to find something in the county so i could shoot but, the convenience of city life won out.

maybe it would be a good idea to buy a cheap crossman and put a few bucks away for a fine, just to test the waters in my neighborhood.

 

$50 and not that it is likely, but up to 30 days in jail, btw, for any city ordinance that doesn't have a specific penalty in the ordinance itself, which this one doesn't.

 

Same penalty for shooting a real gun, or carrying a heater in city rec area, so seems a bit of overkill therein.

 

I know one guy who'll remain nameless who has iced a few pigeons off his back apartment veranda right in the middle of the urb here with air rifle. Shooting from inside the crib, the sound is quite muffled. :)

 

- OS

Edited by Oh Shoot
  • Like 1
Guest TankerHC
Posted

Hey guys.

I live in knoxville city limits.

Are there any ordinances or rules about shooting air guns in city limits?

Or what if a squirell is being a pest, destructive. do i need a hunting license to shoot it (legaly).

Im planning on buying a decent .177 cal. piston air rifle for target practice and pest control.

will be shooting it in my backyard. I have about 225 feet to play with.

 

Good question, I was going to ask the same thing down here. We have a bunch of Coyotes coming down off the Mountain and I have pulled in my MIL's driveway and watched three of them walk right through my headlights back into the woods. Guess I wont be using a pellet gun. Have a Bone Collector with 1200FPS with competition pellets. Accurate and I have sent pellets right through a can of soda at 60 feet and stuck deep in the tree behind it.

Posted

What about just waterboarding the skunk?


That might be a good idea too. You never know what kind of secrets those sneaky little bastards are hiding.
Posted

Different scenario, but I'm in Knox County, just outside the city limits.  Last year, I had to shoot a coon that was trying to get into the doghouse with my MIL's dog.  It appeared to be a case of distemper to me.  

 

I notified the county, just in case they were interested in an infected animal.  Nope.  Only if it had contact with anyone.  

 

The only contact I had was scooping up and disposing of its carcass.  I even told them I shot it.  They had no interest.  YMMV, of course.  Especially inside the city limits.  But probably not.

Posted (edited)

From research, Chattanooga does not have a ban on shooting air rifles or even actual firearms in city limits. They just have safety and noise wording in there that would make a lot of either one a no go.

 

But unless you have a neighbor in 'Nooga that complains about noise or makes an issue regarding the safety wording in the ordinance, you can fire away I reckon.

 

- OS

Edited by Oh Shoot
Posted

Some one will correct me if i am wrong, but i believe you can hunt squirrel during season even inside the city limits.  City ordinance can not preempt state laws, so if you were discharging the air-gun for lawful hunting purposes you would be good to go.  Spring squirrel opens in may, so you just need to wait for a month or so.  

 

From a TN AG opinion http://www.tn.gov/attorneygeneral/op/2013/op13-066.pdf

"However, the local authority to regulate the discharge of firearms is limited to the extent 

that such local legislation cannot conflict with any other State statute or regulation. For example, 
this Office previously opined that a municipal ordinance prohibiting firearms discharges would 
not be enforceable against an individual who has been lawfully permitted to engage in hunting 
within the city limits by the Tennessee Wildlife Resources Agency pursuant to its exclusive 
authority to administer and enforce Tennessee wildlife statutes, regulations, and proclamations. 
Tenn. Att’y Gen. Op. 98-038 (Feb. 9, 1998). See also Tenn. Att’y Gen. Op. 78-248 (June 16, 
1978) (concluding that proclamations of Tennessee Wildlife Resources Commission prevail over 
city ordinances in determining permitted hunting usage of areas in question)."
Guest TankerHC
Posted (edited)

Yeah, there is city ordinance, no air rifles. Probably enforced hardly at all unless someone complains though. (that is not legal advice, as penalty can be fine/jail and confiscation of the airgun). Note there are few actually "quiet" air rifles, and any over about 1125 fps do the sonic crack regardless of how quiet the actual gun is.

 

 

"Sec. 19-109. - Discharge of firearms, air guns, etc.

( b ) Discharge of air guns, spring guns, etc. It shall further be unlawful for any person to fire or discharge any air gun or air pistol, spring gun or spring pistol, or other device or firearm which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, within the city."

 

You would also be in violation of TWRA statues to shoot a squirrel out of season or without a license, although there is indeed an out for that for "destructive" wildlife, but think it has to be your actual owned property. But the city ordinance sort of nukes that part I guess.

 

- OS
 

 

I have been thinking about this since reading it earlier. Probably thinking into it too much but:

 

"which is calculated or intended to propel or project a bullet, pellet, air or similar projectile, within the city"

 

Air? So I am guessing Pop Guns are banned? (Do they even make Pop Guns anymore?)

Edited by TankerHC
Posted

 

Some one will correct me if i am wrong, but i believe you can hunt squirrel during season even inside the city limits.  City ordinance can not preempt state laws, so if you were discharging the air-gun for lawful hunting purposes you would be good to go.  Spring squirrel opens in may, so you just need to wait for a month or so.  

 

From a TN AG opinion http://www.tn.gov/attorneygeneral/op/2013/op13-066.pdf

"However, the local authority to regulate the discharge of firearms is limited to the extent 

that such local legislation cannot conflict with any other State statute or regulation. For example, 
this Office previously opined that a municipal ordinance prohibiting firearms discharges would 
not be enforceable against an individual who has been lawfully permitted to engage in hunting 
within the city limits by the Tennessee Wildlife Resources Agency pursuant to its exclusive 
authority to administer and enforce Tennessee wildlife statutes, regulations, and proclamations. 
Tenn. Att’y Gen. Op. 98-038 (Feb. 9, 1998). See also Tenn. Att’y Gen. Op. 78-248 (June 16, 
1978) (concluding that proclamations of Tennessee Wildlife Resources Commission prevail over 
city ordinances in determining permitted hunting usage of areas in question)."

 

 

Well, it has to be state controlled property inside city limits on which the state allows hunting. Which wouldn't be your backyard.

 

Knoxville ordinance mentions it also. I didn't quote it initially, cause I know of no area inside city limits which would qualify. But again, doesn't help on your own property.

 

"Exception. Notwithstanding any other provisions of this section or any other provisions of this Code, nothing in this section is intended to prohibit the discharge or firing of any firearms by anyone lawfully engaged in hunting upon any property owned by the state and managed by the state wildlife resources agency which may be located within the municipal limits of the city."

 

- OS

Posted

  d45

 

Well, it has to be state controlled property inside city limits on which the state allows hunting. Which wouldn't be your backyard.

 

Knoxville ordinance mentions it also. I didn't quote it initially, cause I know of no area inside city limits which would qualify. But again, doesn't help on your own property.

 

"Exception. Notwithstanding any other provisions of this section or any other provisions of this Code, nothing in this section is intended to prohibit the discharge or firing of any firearms by anyone lawfully engaged in hunting upon any property owned by the state and managed by the state wildlife resources agency which may be located within the municipal limits of the city."

 

- OS

There is another AG opinion that counters that and specifically talks about law enforcement calls within city limits for hunting on private land.

 

The opinion request supplies facts related to this statutory provision. More specifically, 
the opinion request explains that law enforcement officers have answered calls relating to the 
discharge of firearms within certain city limits near homes or business locations. The calls stem 
from instances of individuals being engaged in hunting on private property. The opinion request 
indicates that law enforcement officers have therefore explained to complainants that state law 
generally permits hunting on private property. The opinion request does, however, make 
reference to instances of individuals being showered with projectiles from birdshot, indicating 
that law enforcement officers have in the past stopped hunters in such instances. 
 As an initial matter, it bears noting that the Tennessee Constitution grants the General 
Assembly broad power to enact wildlife laws. Tenn. Const. art XI, § 13. In the exercise of that Page 2 
 
power, the Legislature has provided the Tennessee Wildlife Resources Commission (TWRC) the 
exclusive authority to establish when and in what manner wildlife may be hunted or taken in any 
area of the state. See Tenn. Code Ann. § 70-4-107. The TWRC is also authorized to promulgate 
rules and regulations necessary to implement the wildlife statutes. Tenn. Code Ann. § 70-1-
206(3). In light of these provisions, this Office has opined that the TWRC “is authorized to 
regulate all hunting and fishing in Tennessee, whether such activities occur on State-owned land 
or on privately-owned property.” Op. Tenn. Att’y Gen. No. 90-100 (Nov. 5, 1990). 
 
 
 
interestingly enough that opinion also says that distance to other dwellings does not matter if you are on private property as long as you are not firing in a reckless manner.
Posted

 

 In light of these provisions, this Office has opined that the TWRC “is authorized to 
regulate all hunting and fishing in Tennessee, whether such activities occur on State-owned land 
or on privately-owned property.” Op. Tenn. Att’y Gen. No. 90-100 (Nov. 5, 1990). 

 

Well, cool, then I'm just gonna let it rip out the sliding glass windows during squirrel and dove seasons, and just take a copy of that to city court. :)

 

- OS

Posted

Hey guys.

I live in knoxville city limits.

Are there any ordinances or rules about shooting air guns in city limits?

Or what if a squirell is being a pest, destructive. do i need a hunting license to shoot it (legaly).

Im planning on buying a decent .177 cal. piston air rifle for target practice and pest control.

will be shooting it in my backyard. I have about 225 feet to play with.

 

Well i've read alot about the NoNo's of air rifles, nothing said about a bow and arrow though. Talk about silent, just wipe your prints off the arrow.  :)

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