Putting a deer out of its misery. Legal?

[Ron Padilla]

Ok

[E4 No More]

Anybody interested enough to call the TWRA and actually ask them? I would certainly think it wise to ask your local CLEO.

[peejman]

Anybody interested enough to call the TWRA and actually ask them? I would certainly think it wise to ask your local CLEO.

 

 

As I mentioned previously, it varies widely.   You'll get the person on the phone's opinion, which may or may not differ significantly from the responding officer.  I doubt "but the guy who answered the phone said..." will be a valid argument.  To the letter of the law, that's hunting from the road at the minimum.  Hunting out of season, without a license, and discharge within city limits could also be added.  You could get anything from the full monty to a simple "thank you". 

[Omega]

I'd say in nearly every case, that is wronger than a wrong thing that is incorrect. I suppose some city somewhere may have that exception, but I'd be surprised to see it.

 

https://www.municode.com/library/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_ORD_TIT11PUPEMOWE_DIVIGERE_CH11.12OFAGPUPE_11.12.080DIWE

 

That's Nashville's ordinance.

That only applies to Nashville, and that's only in metro.  Here in Clarksville there is no code for firing weapons in the city limits, only a noise ordinance that covers it as a noise.  In this instance, it could not register more than 80 decibels (its an impulse sound) at the complainants residence, or property.  But first there has to be a complainant, then they would have to measure the decibels...most LEOs won't bother, specially when its to dispatch an injured deer.  The restrictions as far as distance from road or residence comes from TWRA hunting regs, and those may or may not apply seeing as this is not hunting though I am sure Jereme Odom will see it as such.

 

Ordinance 10-2012-13

 

"Sec. 10-224(3) - Standards.
(a) No person shall cause, suffer, allow or permit sound from any source which is
in excess of the following standards when measured from, at, or within the real
property boundary, leased premises, or otherwise lawfully occupied premises of any
complainant, (excluding any public premise as defined above), and outside the real
property boundary or leased premises from which the noise emanates:

(1) Residential use.

 

a. When the offending sound emanates from a residential use between the
hours of 6:00 a.m. and 11:00 p.m., sound which has an A-weighted sound
pressure level of 70 dB(A), or impulsive sound which has an A-weighted
sound pressure level of 80 dB(A).

b. When the offending sound emanates from a residential use between the
hours of 11:00 p.m. and 6:00 a.m., sound which has an A-weighted sound
pressure level of 65 dB(A), or impulsive sound which has an A-weighted
sound pressure level of 80 dB(A)."

[E4 No More]

As I mentioned previously, it varies widely.   You'll get the person on the phone's opinion, which may or may not differ significantly from the responding officer.  I doubt "but the guy who answered the phone said..." will be a valid argument.  To the letter of the law, that's hunting from the road at the minimum.  Hunting out of season, without a license, and discharge within city limits could also be added.  You could get anything from the full monty to a simple "thank you". 

I said "CLEO" not some guy on the phone. That would really translate to the TWRA as well. The approach you espouse is purely speculative and not worthy of 3-page debate since it resolves nothing, IMHO.

 

I don't know about Tennessee, but in Missouri where I was a LEO we had discretion as to whether to enforce the letter of the law which was governed by common sense. The only time that a LEO was required to arrest someone was if there was an arrest warrant issued for them. When you tell the responding officer that you've checked with their Chief so-and-so who said this was the appropriate action to take in this situation they are going to think before they clasp you in irons and drag you off to a jail cell. No officer in their right mind wants to be perceived as being void of common sense by his command or the court officers.

 

EDIT: Also, absent of a witness or self-incriminating statements, no department is going to go through the expense of forensic testing just to prove that you shot a wounded animal that they would have to shoot to begin with.

Edited May 20, 2015 by SWJewellTN

[peejman]

I said "CLEO" not some guy on the phone. That would really translate to the TWRA as well. The approach you espouse is purely speculative and not worthy of 3-page debate since it resolves nothing, IMHO.

 

I don't know about Tennessee, but in Missouri where I was a LEO we had discretion as to whether to enforce the letter of the law which was governed by common sense. The only time that a LEO was required to arrest someone was if there was an arrest warrant issued for them. When you tell the responding officer that you've checked with their Chief so-and-so who said this was the appropriate action to take in this situation they are going to think before they clasp you in irons and drag you off to a jail cell. No officer in their right mind wants to be perceived as being void of common sense by his command or the court officers.

 

EDIT: Also, absent of a witness or self-incriminating statements, no department is going to go through the expense of forensic testing just to prove that you shot a wounded animal that they would have to shoot to begin with.

 

 

I don't disagree with any of this, other than the fact that common sense is as common as superpowers.  Would it be exceedingly stupid to arrest and charge someone whose only intent was to help?  Yes.   Does the letter of the law make it possible?  Yes.   I'm only speaking from the experiences of people I personally know. 

[DaveS]

Certainly not in Knoxville, nor in most TN cities, unless there is TWRA land inside city limits. Clarksville must have pretty loose code about it huh?

 

- OS

Clarksville has a lot of "annexed" land within the city limits where shooting/hunting is permitted.

 

Dave