Time for the annual "talk"

[scn]

I didn't want to hijack the wonderful seekonesy thread. But, there is some discussion on that thread about urban hunting legalities. And, it is obvious that there are some misconceptions..

There is NO law in TN that states you can hunt within city limits regardless of what city ordinances/laws may say.

There is an attorney general's OPINION that dates WAY back that says state law over rides such ordinances. The AG OPINION basically seems to say that if someone is legally hunting that the city can't stop the hunting with one of their ordinances. Who knows if the current AG would agree with that opinion.

Here is the reality on how the whole deal likely goes down in today's environment: You are hunting a small urban lot with a next door Karen who is anti-gun, anti-hunting. You discharge a loud centerfire rifle in making your kill. You get good (or lucky) and the deer doesn't run off the property where you have permission to hunt and cause other issues. The Karen upon hearing the shot immediately calls the cops. They roll in. If they aren't hunters, then the gun discharge is a major deal with them. VERY high chance they have NEVER heard of the AG opinion and that hunting has not been discussed in their training. At that point, there is a high likelihood that they will cite/arrest you for the firearm discharge. Very likely that they will throw in a reckless endangerment charge. Your rifle will be taken as evidence.

You will then go to a city court. City judges, unless they happen to be hunters, tend to hate guns for the issues that go along with them in an urban environment. Unless you have paid a good amount of money by this point and hired a lawyer, you most likely will be convicted in the city court on the ordinance violation. The reckless endangerment charge will be hanging out there for a state court. Your rifle will be declared contraband. In Nashville, contraband firearms are destroyed, so there won't be an option to buy it back.

At this point, you still have the option of hiring a lawyer and appealing that city court decision on up the chain. According to the AG OPINION, you will have a chance to win with a couple of costly appeals. You will need a lawyer for the reckless endangerment charge. It can be a felony level charge, but even as a misdemeanor, carries jail time. I have a very good friend that spent almost $40,000 in defending a totally bs case of reckless endangerment in Williamson Co.

So, before the naysayer bashing starts, I am not saying don't urban hunt. I am just trying to point out that it isn't as simple as some folks make it out to be and that there are some expensive issues that are hanging around.

Have a great day!

 

[BSK]

Excellent post.

 

[Omega]

Clarksville does not have an ordinance about discharging weapons, at least not yet. There is only a noise ordinance, but someone has to complain, and possibly the reckless part if you can't show how you took care to have a backstop. There are a bunch of areas here that look more rural than anything, and even some cul-de-sacs that have huntable areas behind them, and I have seen hunters in them. I used to have deer come by often when the lot next to me was undeveloped, but ever since the church was built they have mostly gone elsewhere, though I still occasionally get one or two that come by, even into my yard. But now that my apple trees are producing I may get more. I won't take them, they are off-limits to me even if I can do it legally and ethically, it just doesn't seem right to me.

 

[Ski]

Well stated, OP. Thank you for taking the time to sensibly explain from a legal perspective.

 

[Kmushrooman]

Unless the government has an urban hunt it would be better to hunt outside of the city limits. A city hunter may never have a problem or they may get busted. Not worth it.

 

[tickweed]

Reckless endangerment. Thats the two key words.

 

[ruger7mag]

So if I decide to go urban hunting I need a suppressor, sub ammo, and make head shots. Thanks for the tips

 

[timberjack86]

Thanks for the tips, no plans here to shoot fish in a barrel

 

[Dennis]

I'm not in this situation, but as I am not one to roll over when I am in the right legally, this is how I would handle such a situation. I would establish expectations prior to hunting,

I would print out the AG guidance, which is online and easily understood. I would call the game warden next and invite them out to the property. I would explain the way in which I intended to shoot and with what weapon. I would get agreement that it it a safe shooting situation in writing.

Then I would call local law enforcement and tell them of my intent to hunt. I would record every conversation. If they said they would not allow it, I would ask for that also in writing .

My next step would be to take this evidence to the local district attorney. Again I would record everything on a tape recorder and request any decision in writing.

If the D.A. was not helpful, I would take all the evidence to the state attorney general. The A.G. will be in your side.

After all that, I would hunt it. If anyone harassed me including local law enforcement, I would immediately sue and also insist that the warden issue hunter harassment tickets. And I would never, ever back down. But I'm one stubborn SOB.

 

[Spurhunter]

I'm not in this situation, but as I am not one to roll over when I am in the right legally, this is how I would handle such a situation. I would establish expectations prior to hunting,

I would print out the AG guidance, which is online and easily understood. I would call the game warden next and invite them out to the property. I would explain the way in which I intended to shoot and with what weapon. I would get agreement that it it a safe shooting situation in writing.

Then I would call local law enforcement and tell them of my intent to hunt. I would record every conversation. If they said they would not allow it, I would ask for that also in writing .

My next step would be to take this evidence to the local district attorney. Again I would record everything on a tape recorder and request any decision in writing.

If the D.A. was not helpful, I would take all the evidence to the state attorney general. The A.G. will be in your side.

After all that, I would hunt it. If anyone harassed me including local law enforcement, I would immediately sue and also insist that the warden issue hunter harassment tickets. And I would never, ever back down. But I'm one stubborn SOB.

Damn. All that to hunt city deer? I don't want to hunt any deer that bad. Especially a city one.

 

[Biden Smokes Mid]

I have a friend that lives in a suburban neighborhood and plans to bow hunt behind his house this year. most of the land behind his place is HOA land, so I wonder how they would handle him retrieving a deer off the HOA land if it ran onto it. His neighbors all have fences so i doubt it would end up in anyones back yard.

 

[Bone Collector]

I have a friend that lives in a suburban neighborhood and plans to bow hunt behind his house this year. most of the land behind his place is HOA land, so I wonder how they would handle him retrieving a deer off the HOA land if it ran onto it. His neighbors all have fences so i doubt it would end up in anyones back yard.

i know in Williamson county a few neighborhoods have land around them that may be deemed unsuitable for building. The HOA owns the land I assume. The neighborhood people ride 4 wheelers, side by sides, and shoot guns back there. Some hunt it. It is like 100+ acres of woods though.

 

[scn]

I'm not in this situation, but as I am not one to roll over when I am in the right legally, this is how I would handle such a situation. I would establish expectations prior to hunting,

I would print out the AG guidance, which is online and easily understood. I would call the game warden next and invite them out to the property. I would explain the way in which I intended to shoot and with what weapon. I would get agreement that it it a safe shooting situation in writing.

Then I would call local law enforcement and tell them of my intent to hunt. I would record every conversation. If they said they would not allow it, I would ask for that also in writing .

My next step would be to take this evidence to the local district attorney. Again I would record everything on a tape recorder and request any decision in writing.

If the D.A. was not helpful, I would take all the evidence to the state attorney general. The A.G. will be in your side.

After all that, I would hunt it. If anyone harassed me including local law enforcement, I would immediately sue and also insist that the warden issue hunter harassment tickets. And I would never, ever back down. But I'm one stubborn SOB.

If the Wildlife Officer has any sense whatsoever, he/she would never agree to be a part of that debacle. You can say what direction you intend to shoot, but there is no way to determine if you follow through on your stated intentions. There is zero reason for them to get involved.

Seems to me to be a collection of really dumb ideas.

 

[DaveTN]

I don't see anyone getting a "You are safe to shoot here" or anywhere in writing from any LEO anywhere.

 

[BigAl]

Good info, SCN.

 

[Bone Collector]

Seems to me to be a collection of really dumb ideas.

I almost spit my drink out.

 

[Shanman]

I know of a situation that is funny as all get out but unfortunately I can't tell it, luckily it turned out ok. The officer that arrived on scene contacted TWRA and explained the situation, my friend was allowed to retrieve his buck from the neighbor's driveway and all was good. I've killed around mansions and did not enjoy it, to many possibilities for a buck to fall in a yard or such. I was on edge the whole time AFTER the arrow was released, before that all was fun and exciting. I'll NEVER hunt "neighborhood" deer among houses again, to stressful and that's not what hunting should be about. With enough acreage for the deer to expire without leaving the property, then I don't see why not with a "bow". To discharge a firearm amongst houses is as stupid as voting for the Big Guy.

 

[killingtime 41]

I'm not in this situation, but as I am not one to roll over when I am in the right legally, this is how I would handle such a situation. I would establish expectations prior to hunting,

I would print out the AG guidance, which is online and easily understood. I would call the game warden next and invite them out to the property. I would explain the way in which I intended to shoot and with what weapon. I would get agreement that it it a safe shooting situation in writing.

Then I would call local law enforcement and tell them of my intent to hunt. I would record every conversation. If they said they would not allow it, I would ask for that also in writing .

My next step would be to take this evidence to the local district attorney. Again I would record everything on a tape recorder and request any decision in writing.

If the D.A. was not helpful, I would take all the evidence to the state attorney general. The A.G. will be in your side.

After all that, I would hunt it. If anyone harassed me including local law enforcement, I would immediately sue and also insist that the warden issue hunter harassment tickets. And I would never, ever back down. But I'm one stubborn SOB.

Sounds like a complete and utter hassle and not worth the time or brain power to even consider it. Besides I like to splash my face on those hot days in a cool creek. Not interested in doing it in one of the neighbors bird baths or garden hose.

 

[Planking]

Thank you for posting this. We own 8 acres within city limits and there are some huge bucks in that area. We don't even bowhunt it because im not sure of the rules and the neighbors really like watching them. There's one Karen that lives right at the entrance. While i don't care what she thinks and have told her to kiss my grits already i try to stay out of trouble. Seems to be a difficult task in Tennessee these days.

 

[mjwendorf]

We have 100 acres in city limits and we will continue to hunt. Old family land that has been developed around it. We are friendly with property owners around and no one has a problem with it, most help actually. We plant food plots, maintain mineral sites, trap and hunt coyotes.