hunting vs discharge of firearm

[Guest duxrus]

I figure this would be a great place to ask. Does anyone know of specific court cases pertaining to city and county ordinances trying to supersede state and federal laws ? The no discharging of a firearm within city limits when it comes to hunting issue ?  I have been looking and trying to be prepared if a situation arises in my future. I found a good one from PA where a city was trying to create a larger "no hunting zone" than what the state had deemed a legal distance from a dwelling and the city lost. I understand that there is a definite difference between hunting and discharging a firearm.

 

Any information will be greatly appreciated  :up:

[Pain103]

You won't counties and municipalities have the authority to ban shooting firearms by ordinance. Luckily my city does not ban it and I laugh when people get their undies in a twist when they complain about someone shooting safely and legally.

[DaveTN]

I’m not sure I understand. You want to hunt in the city limits and you think a “No discharging a firearm in the city limits” law is what is keeping you from doing that?

[Guest duxrus]

State wildlife agencies control hunting and the regulations associated with it. I know that an ordinance can't trump state law....say a county decided to ban the discharge of firearms by passing an ordinance. The ordinance can't take away the right of hunting with a firearm within that area. Yes, it can keep someone from target shooting but not hunting since the state has already set legal guidelines to follow. If the state regulations state your county is open for hunting with a gun, then the ordinance is meaningless in a hunting case. (as long as all safety issues, distance from houses are all followed)

 

I am just trying to compile a list of existing court cases showing such. (Doesn't have to be in Tennessee) I have a few already but want as many as I can find. Two people I know have gotten letters from DA's stating that "no discharge of a firearm" ordinances can not be enforced against hunters. Hoping to get copies of those soon.

 

Thx

[DaveTN]

Two people I know have gotten letters from DA's stating that "no discharge of a firearm" ordinances can not be enforced against hunters. Hoping to get copies of those soon.

Hunters where? Is there a county that has a county wide "No discharge of a firearm" ordinance?
 

I have been looking and trying to be prepared if a situation arises in my future.

Like what? Are you thinking of testing a city ordinance?

Does this help?
http://www.tn.gov/attorneygeneral/op/2013/op13-066.pdf

[Lumber_Jack]

Sounds like you're trying to prepare a defense for something you're 'fixin' to do

[KKing]

Sounds like you're trying to prepare a defense for something you're 'fixin' to do

No no no. It's "fisna" do

[c.a.willard]

I'm on my phone so can't be of much help, but try a Google search of "Tennessee AG opinion hunting city limits"

[Guest duxrus]

With land being annexed into city limits left and right I figure it wouldn't be a bad idea to learn about the actual law and not have a defense of "I thought" or "heard" if the time ever comes. In other states I hunt there are many county wide firearm ordnances being passed every year so doing my homework.

[300winmag]

It is my understanding that you can hunt in the city limits of a town as long as it is safe to do so.  City ordinances can't keep you from hunting.  There are many areas that are in incorporated towns that are very rural areas with enough room to hunt.