One of my neighbors purchased a 40-acre parcel hoping to have a hunting area. What he found out is, that hunting on his parcel is allowed, as long as he doesn"™t use any weapon.
The local government can"™t regulate hunting, so the are regulating the discharge and/or use of guns, bows, bb guns, you name it. They have made it illegal for any and all weapons to be discharged within the municipality effectively stopping all hunting.
I am open to any suggestion you guys might have as to how to combat/overturn this.
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There's no such thing as truth, only perception
That's just what he did, and LEO was waiting for him when he came out of the woods. They let him know that next time, there would be consequenses.
ifferd:
I agree with the "within the town limits", but when the township covers almost 100 sq miles, the population is about 7,500 people, and there's no place to legally hunt, things are out of control.
In you situation, all the anti's need do is pass a county ordinance, and you'r all done too. The way they do it now, you don't even know what they are changing
Section 65.43.2.1(a)(b) changed to read shall not
A simple thing like this gets voted in, and hunting voted out.
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There's no such thing as truth, only perception
BNH ,
I don't know where you are , but the chances are that your buddy has purchased land zoned for agricultural use . If that is the case that stupid "town ordinance" may not apply to him . Have him check with the land office to see if it is , then consult a property lawyer .
I almost bought a 5 acre piece of land with a nice house on it directly accross the street from where I used to live in an incorporated town . I mentioned to the realtor that other than having too much grass to mow my only other complaint was that I wouldn't be able to have target practice in the yard . She told me that the parcel in question still had ag zoning and that the town ordinance wouldn't apply . I won't swear to it , but that may give your bud another avenue to explore .
If the town that is putting the brakes on discharges is unfairly claiming an unrealistic "fringe zone" he may also have a case there . A local town of some size here recently lost a good chunk of tax base when the local zoning board ruled that they had unfairly infringed on the neighboring town that way , so they lost a 3 mile "fringe" that they had been claiming and taxing . This sounds like what your bud is up against , and he should be able to beat it in court . It wouldn't hurt if it were to become a class action lawsuit either , towns like what you described cannot weather such a case without going bankrupt . They usually knuckle under once faced by the prospect of one .
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Kevin Haendiges
NAHC Life Member
NRA Member
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GOA Member
Buckmasters Member
http://hunting-indiana.com
Check your state game laws. Pennsylvania has had court cases that effectively ruled that no municipality can pass an ordinance that supersedes the state law and our game law is state law. Several areas were that had similar local laws opened to hunting in Pa as a result of these rulings.
Sounds like it's worth some research.
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Cant wait for 2012!
If guns kill people, spoons made Rosie O'Donnell fat!!!
Absolutely worth a little research. Unless you are in the middle of the town, I'd be surprised if there wasn't SOMETHING that might work for you. Maybe you ought to look at appealing to the town council?
I'm 95% sure that a discharge ordinance does not extend to bows (recurve or compound) and/or crossbows (which are legal in most states' rifle seasons).
It sounds to me like there's an annoying neighbor who calls the law at the first hint of gunfire.
Tell him to buy a state-of-the-art crossbow and have a ball with it.
Land that can't be hunted
