land law question

[charlesj]

I have 402 acres in Madison county. I've been hunting it for 12 years with no problem about 2 years ago the city annexed it. Tonight I came out and a Madison P.D officer told me I had to stop hunting it. I heard there was a grandfather claus that protected the land owner or some law out there. Please help. I also heard if u own some many acres you can hunt it.

[kaustin]

Check local regs. I was told by tupelo police that if I had 10 or more acres I could discharge a firearm on it. I will say that I never verified this because I have just under that. It may differ in different jurisdictions. Almost all will at least allow bow hunting.

[bulldog ducker]

HR 1411 (if I remember correctly)

I hunt in the city limits of Madison as well but have yet to have a run in with the law but got my ducks in a row first. It was signed into law in 06 I believe and prevents city's from adopting ordinances that limit the recreational use of land annexed after 1981. Madison does have an ordinance outlawing the projectiles ( or guns and bows) but I have been told it is uninforcable if it was annexed after 81.

In Madison you will probably end up fighting it in court if u have already been warned even if they don't know what they are talking about.

Keep hunting it!

[bulldog ducker]

Print this out with a annexation map that shows the years.

I should be legal: Here is what I found and looks like even if there is an ordinance that it is direct conflict with a state law. Unless there is some kind of case law that is over my head I am going to continue to hunt it.


Mississippi Code Annotated § 45-9-51 states that: "[s]ubject to the provisions of Section 45-9-53, no county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components."

Section 45-9-53(1), as amended by H.B. 1141, 2006 Reg. Sess. (Miss. 2006), provides that the restrictions under section 45-9-51 do not affect local authority under other laws to require citizens or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose, or to regulate the:

Use of property or location of businesses pursuant to fire code, zoning ordinances, or land-use regulations, so long as such codes, ordinances and regulations are not used to circumvent the intent of Section 45-9-51;

Use of firearms in cases of insurrection, riots and natural disasters in which the city finds such regulation necessary to protect the health and safety of the public, except the county or municipality may not regulate the lawful possession of firearms in the home, place of business or in transit to and from the home or place of business;

Carrying of a firearm at: (i) a public park or at a public meeting of a county, municipality or other governmental body; (ii) a political rally, parade or official political meeting; or (iii) a non-firearm-related school, college or professional athletic event;

Receipt of firearms by pawnshops; or

Discharge of firearms within the limits of the county or municipality.

However, effective July 1, 2006, a county or municipality may not apply a regulation relating to the discharge of firearms to such discharge in its extraterritorial jurisdiction or in an area annexed by the county or municipality after September 1, 1981, if the firearm is discharged in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land, and is a:

Shotgun, air rifle or air pistol, or BB gun discharged on a tract of land of ten acres or more and more than 150 feet from a residence or occupied building located on another property, or

Center fire, rim fire, or muzzle-loading rifle or pistol discharged on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property.

_________________
HR Dutch Charles Sampson Bearden ( Charlie)

[charlesj]

thanks guys !!!!! I work for Hinds county S.O if you need anything !!!!

[Durant]

I have 402 acres in Madison county. I've been hunting it for 12 years with no problem about 2 years ago the city annexed it. Tonight I came out and a Madison P.D officer told me I had to stop hunting it. I heard there was a grandfather claus that protected the land owner or some law out there. Please help. I also heard if u own some many acres you can hunt it.

If it's your 402 acres then tell them to kiss your a**. That is PLENTY of acreage to hunt safely. Plus it was recently annexed so you're covered under that "if it was annexed after so and so" claus.