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#3396171 - 10/10/13 08:05 AM Re: Hunting Legality? [Re: Grill-n-man]
Snake
16 Point


Registered: 05/03/09
Posts: 19529
Loc: McMinn Co.Tennessee U.S.

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Most law officers are just really trying to do their job but let's not be naive to the fact that we have those who don the badge and think they are above the law they are bound to serve ! In this case I think it was clearly seen that this officer was mostly in the wrong (aplogy)leaving the hunting aspect out of it . Poleaxe did exactly what I would have done and I have all due respect for authority .
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No matter the storm , when you are with God , there's always a rainbow waiting .

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#3396190 - 10/10/13 08:15 AM Re: Hunting Legality? [Re: Snake]
MUP
Non-Typical


Registered: 08/01/07
Posts: 44242
Loc: Just North of Chatt-town

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 Originally Posted By: Snake
Most law officers are just really trying to do their job but let's not be naive to the fact that we have those who don the badge and think they are above the law they are bound to serve ! In this case I think it was clearly seen that this officer was mostly in the wrong (aplogy)leaving the hunting aspect out of it . Poleaxe did exactly what I would have done and I have all due respect for authority .


I would add that there are some leo's that are probably not aware of the laws they are to be upholding as well, as it seems to be the case here.
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MUP

Amateurs: Built the Ark

Professionals: Built the Titanic

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#3396232 - 10/10/13 08:38 AM Re: Hunting Legality? [Re: MUP]
whatnoise
6 Point


Registered: 12/01/07
Posts: 665
Loc: Bartlett, TN

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The original thread ( http://www.tndeer.com/tndeertalk/ubbthre...rue#Post1669181 ) seems to be gone, but here a little info I posted several years back. Being it is several years old now some of theses links may be broken...



DISCLAIMER:
1)I am in no way giving legal advice, just sharing some info. What you do with this info is entirely up to you.
2)You can still be charged with reckless endangerment, and I'm sure various other offenses if you don't act in a responsible manner....
3) Check the City Ordinances before hand so you will know all the facts...

With all the recent dialogue on the legality of hunting within a city's borders, I have taken it upon myself to compile some info on the subject.

As you have probably read on this site, when questioned on the subject TWRA officials usually respond by saying you may legally hunt in the city limits based upon OAG 98-038.

OAG 98-038 is an opinion that was issued by the TN State Attorney General in 1998 regarding the issue of prohibiting the discharge of firearms while hunting within a city's boundaries. The opinion basically states that a municipality may not restrict people from discharging within a city's boundaries while engaged in the activity of legally hunting.
I tried with no luck to find the document on the web, only references to it, so I contacted the Attorney General's office and requested a copy be mailed to me. I have included pictures of the document at the end of this post.

I have also listed a lot of other info on the subject....


The University of Tennessee Municipal Technical Advisory Service....
Response to a question of the legalities of regulating hunting within a city.
http://www.mtas.tennessee.edu/KnowledgeB...light=0,hunting


TN Deer member “Howa” gives insight into the city of Clarksville's attempt to in effect “outlaw hunting” within the city limits.
http://www.tndeer.com/tndeertalk/ubbthre...rue#Post1322214

http://www.tndeer.com/tndeertalk/ubbthre...rue#Post1402620

The city of Clarksville city council meetings regarding proposed ordinance 87-2008-09.
http://www.cityofclarksville.com/citycouncil/councilminutes.php?d=5/7/2009&one=reg

http://www.cityofclarksville.com/citycouncil/councilminutes.php?d=6/4/2009&one=reg

http://www.cityofclarksville.com/citycouncil/councilminutes.php?d=7/9/2009&one=ss

The ordinance in question....
http://www.cityofclarksville.com/citycouncil/councilminutes.php?type=ord&one=87-2008-09


The city council of Franklin, TN discusses the issue.
http://www.franklin-gov.com/pdf/psac020607min.pdf

Portland, TN considers OAG 98-038 while looking at the “goose problem”.
http://www.associatedcontent.com/article/374857/portland_tennessee_residents_given.html?cat=54

The city of Banberry, TN speaks of the issue of hunting in the city limits.
http://www.baneberrytn.com/news.htm

Another response from The University of Tennessee County Technical Advisory Service regarding municipal ordinances conflicting with state law.
http://tnhunting.com/cumberlands/2009/06/ctas-opines/

“It is well established that a municipality “cannot adopt ordinances which infringe the
spirit of a state law or are repugnant to the general policy of the state.”
“A local government cannot effectively nullify state law on the same subject by enacting ordinances that ignore applicable state laws, that grant rights that state law denies, or that deny rights that state law grants.”
http://tennessee.gov/attorneygeneral/op/2009/op/op118.pdf












[/quote]
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#3396244 - 10/10/13 08:45 AM Re: Hunting Legality? [Re: MUP]
scn
14 Point


Registered: 02/05/03
Posts: 9783
Loc: Brentwood, TN US

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Just for the record, there are no federal laws that override city/ county ordinances on hunting or discharge of firearms. There is a whole lot of misinformation floating around in this thread.
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