As a hunter for over 40 years, I’ve had the pleasure of hunting all over the United States. I have hunted in the mountains, deep forest, farms and I have legally hunted inside city limits. Yesterday, I came across this video from Bob Hodge and Joe Justice at Sport Source Digital Network on a topic that I am sure has been looked at before. This video came about because some duck hunters, hunting their property in Sweetwater, TN, were confronted and ticketed by Sweetwater City police due to an ordinance not allowing the discharge of a firearm inside city limits. Bob and Joe do a great job dissecting the issue and ramifications. I highly recommend watching the entire video and then leave a comment or shoot an email to the hosts.
If I read the ordinance correctly, it states in Sweetwater Municipal Code:
11-503. Discharge of firearms . It shall be unlawful for any unauthorized person to discharge a firearm within the corporate limits.
I am not a lawyer, but wouldn’t a licensed hunter be authorized to discharge a firearm according to that vague wording? Food for thought.
Here’s my humble opinion on this topic; this is Tennessee, not California. There, I said it. As a hunter, and lifetime California hunting license holder, I have direct knowledge of the laws and many city ordinances. I’ve also been confronted before and been told by law enforcement that I was completely legal in my hunting and to have a nice day. Here’s my opinion, if you don’t like hearing the report of a gun and don’t like hunting, don’t move to a state like Tennessee that is a haven for hunters. I will not apologize for my right to hunt. Tennessee Constitution’s Article XI, Section 13 states that Tennessee citizens have the right to hunt and fish, but with restrictions set by law. Does a city ordinance supersede a state law allowing hunting and fishing? I’d love to hear your thoughts on it.
I’m sure Bob and Joe did a great job talking about something they aren’t qualified to talk about: Tennessee law. The objections to the Duck hunters discharging their weapons within the city limits did not arise from a “liberal anti-gun group,” but instead from a city ordinance over 100 years old, which is authorized by the General Assembly of the State of Tennessee, and which prohibits ANYONE from discharging a gun within city limits of Sweetwater FOR ANY REASON.
If you want to hunt inside city limits in Tennessee, check the City Ordinances, and if the city bans firing your gun in the city, then you cannot hunt—even in hunting season on private property.
You stated, “ I am not a lawyer, but wouldn’t a licensed hunter be authorized to discharge a firearm according to that vague wording? ”. Please identify what is vague about this ordinance, “ 11-503. Discharge of firearms . It shall be unlawful for any unauthorized person to discharge a firearm within the corporate limits.”. This ordinance does not prohibit hunting. It prohibits firing your gun.
Another note, Bob and Joe said this property was used for hunting ducks for years. That is a 100% false statement, This was pastureland, and NOBODY ever hunted ducks there. Spreading false information is not constructive and may give people the impression they can break the law.
Hi Arlene. Thank you for your comments! I’ll address the questions you mentioned to see if I can be clearer in what I was getting at. I appreciate your willingness to respond!
What is vague about the ordinance? “unlawful for any unauthorized person” is vague. What does “unauthorized” mean? For example, I am authorized to hunt in Tennessee with a firearm because I have a valid state hunting license. I am authorized to defend myself with a CCW because I am licensed and authorized. My intention in my question is the have the ordinance written more clearly so these issues do not arise. I have dealt with vague wording for years and it’s one of the reason I continue writing. Vague wording creates confusion and it escalates from there.
My question to you is in regard to your last statement. You stated it was Bob and Joe gave a false statement and that this was pastureland. Please forgive my ignorance, but is this your land or do you live near it? When did it stop becoming pastureland? I am curious how you know that “NOBODY ever hunted ducks there”.
Tenn. Code Ann. 39-17-14(b)(2)
(b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance, resolution, policy, rule or other enactment the following:
(2) The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;
Your hunting license does not expressly authorize you to discharge a firearm within city limits.
Self-defense is authorized.
The property where the weapons were fired illegally was pastureland until beavers dammed the stream which flooded the pasture, which in turn created a habitat for ducks. Nobody hunted ducks on this property until the defendants in the lawsuit that is on appeal.