Dove hunt shut down by sheriff...Whats the law

[sadie1]

Well our 5 man dove hunt got unexpectedly shut down today mid hunt by a deputy that said we were being irresponsible because some pellets had landed on a trailer next to the small field we hunt. We have hunted the field for years with no problems. And we are not talking about yahoo's hunting either. Two 65 year old men and 3 in their thirties, who have all been hunting their whole life, and all very low key professional people. The deputy said while on the road talking to the man who was complaining, a pellet landed on his car. So he drove in the field and told us to pack it up or we were going to jail, and he said it like we were all ex cons. We argued that there wasn't anything illegal about us shooting in the air. The closest person to the trailer at any point was 100 yards. His explanation was because he said so and if we didn't like it we could go sit in the jail. My question is is there anything illegal about us hunting? His trailer is under a bunch of water oaks..don't those acorns hit harder on a roof than 8 shot? I told him that half the dove hunts in the state had a residence or public road within range of falling pellets. We want, of course, to continue hunting the field. The only hunting my dad does is dove hunt and he spends a lot of time working in that field. Looking for opinions...

[gps4]

If your pellets crossed the property line you caused a trespass, actionable both civilly and criminally.

[Dux Be Us]

1. Prohibition. A person may not:
A. Unless a relevant municipal ordinance provides otherwise and except as provided in sections 12401 and 12402, discharge a firearm, including muzzle-loading firearms, or crossbow within 100 yards of a building or residential dwelling without the permission of the owner or, in the owner's absence, of an adult occupant of that building or dwelling authorized to act on behalf of the owner; or [2009, c. 340, §14 (AMD).]
B. Possess a wild animal or wild bird taken in violation of this subsection, except as otherwise provided in this Part. [2003, c. 414, Pt. A, §2 (NEW); 2003, c. 614, §9 (AFF).]
This subsection may not be construed to prohibit a person from killing or taking a wild animal in accordance with sections 12401 and 12402.
For purposes of this subsection, "building" means any residential, commercial, retail, educational, religious or farm structure that is designed to be occupied by people or domesticated animals or is being used to shelter machines or harvested crops.

Also: It is unlawful to hunt or shoot in, on, or across any street, public road, public highway, railroad, or the rights-of-way.

I would take the fella a peach cobbler and be REAL nice, maybe invite em to shoot...try to smooth it over and ask for "permision", or, break out the 100 yard tape measurer

I wouldnt want 5 dudes shooting guns 150 yards from my home...unless I was one of em

[Northbigmuddy]

I'd go for the peach cobbler and the invite. If that doesn't work then you just can't shoot that direction. I regularly hunt a field that is very close to a residence. It is an acknowledged rule in that field that you under no circumstances shoot anywhere near that guys house. He's a jerk and sits out there with the sheriffs Dept on speed dial. I agree that you are not harming the guy, but at the end of the day you have a gun and he is playing safety card.

[johndavid78]

This is one law that is pertinent to the subject....but I know that I've read somewhere else (maybe my county laws) about the trajectory of the bullet (or arrow) not crossing property boundaries.....So, legally, you are in the wrong....but a visit could smooth things over as well as expressing a conscious effort to avoid shooting in that direction...hope this helps...and if I find that other law, I will post it as well..



TITLE 97. CRIMES
CHAPTER 37. WEAPONS AND EXPLOSIVES

Miss. Code Ann. § 97-37-30 (2011)

§ 97-37-30. Willful discharge of a firearm toward the dwelling of another causing damage to property or domesticated animal or livestock


A person who willfully discharges his firearm toward the dwelling of another, causing property damage to the dwelling or any domesticated animal or livestock, is guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both.

[johndavid78]

Found it....kind of...In short, your county (or municipality) may have specific laws regarding the discharge of the firearm that pertains to the projectile crossing the boundaries....you would need to contact your local law enforcement to find out the specifics of firearm use...


This comes from MS Code 45-9-53....

(b) To regulate the discharge of firearms within the limits of the county or municipality. A county or municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after September 1, 1981, if the firearm or other weapon is:

(i) A shotgun, air rifle or air pistol, BB gun or bow and arrow discharged:

1. On a tract of land of ten (10) acres or more and more than one hundred fifty (150) feet from a residence or occupied building located on another property; and

2. In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

[MrGoodtime]

This is why we invite the sheriff on our hunts

[sadie1]

[sondance]

That's a can't win deal. The only option is to not shoot in the direction of the other persons property. It sucks but appologize even if the situation is overblown. Invite the homeowner and the deputy dog to the hunt.

[Super Black Eagle]

To the above mentioned code/law. Say I own 11 acres in the middle of Hernando. I want to shoot some clay targets with a shotgun in my backyard 155 feet from my back door. Does this law say that the city of Hernando cannot make a law that criminalizes the act? Please explain.

Thx. SBE

[Anatidae]

I think what upsets folks the most is when acts of others are percieved as a lack of consideration.

I have neighbors that I don't know very well (and visa-versa). When they pull-up to 'the farm' and start pistol practice, it kinda makes me edgey. If they do it after dark or early in the morning - it's a little more disturbing.

Since I am a shooter and a hunter, I have a little more tolerance but still remain cautious in these situations.

I could understand how a non-hunter (or even a hunter) might react to someone (particularly strangers) pulling-up at daybreak and shooting in close proximity to his residence. Things might be a little less anxious if they know the people they're dealing with, or more anxious (depending on their behavioral history and practices).......but until you know who you are dealing with, people will always seek protection of the law in cases especiallly when they feel like they have not been accorded basic courtesy.

One of my neighbors likes to play with fire. I think it's the caveman instinct....."We're outdoors, there's some wood, here's a match - let's make some smoke.....yada, yada, yada......." - the Volunteer Fire Dept. has been to his place twice that I know of since I've lived here. I did not call either time as the wind was blowing 'away', but I have their number on speed dial, for sure!

[sadie1]

[RedEyed Duck]

[dukluk]

Bring ME the peach cobbler, and I'll handle the neighbor AND the deputy for you....I LOVES me some peach cobbler!!!

[Dux Be Us]

Grannys Peach Cobbler...cheap and easy:

You will need:

1 cup self rising flour
1 cup sugar
1 cup milk
1 can peaches in heavy syrup
1 stick butter...margerin SUX
1 tablesppon cinnamon

Mix flour sugar and milk on a bowl. Preheat oven to 350...melt stick of butter in 6x9 glass oven safe dish. I like to get the butter hot...kinda like cooking corn bread. Pour batter evenly in dish...pour can of peaches evenly over batter...sprinkle cinnamon over mixter...bake in oven till golden brown( around 30 minutes). Vanilla ice cream or cool whip over the top is awsome...yall have a nice day