State lawmakers want to legalize hunting in the Memphis city limits.
Even though this goes against city law, state lawmakers say the rule has been on the books. A new bill to allow hunting inside any city limit across the state would only explicitly make the law to satisfy a recent court decision on duck hunters in East Tennessee.
Sen. Adam Lowe (R-Calhoun) brought the legislation before a Senate committee Wednesday. He said it asserts the state’s authority to regulate “taking wildlife” in Tennessee and “prevents locals from passing ordinance to the contrary.”
Six duck hunters in Sweetwater ran afoul of a local law recently. The court agreed the hunters broke city law in the case and were charged with hunting on private property, he said.
“They had abided by all of the restrictions necessary to safely hunt in those environments,” Lowe said. “The only thing that they were in violation of was the city ordinance on the discharge of the firearm. This is to clear up what was found by the court all because the state law did not expressly clarify this. “That’s the purpose of this bill.”
Memphis’ gun law does not allow for hunting.
“It shall be a misdemeanor to discharge any pistol, gun or firearm of any description within the city, except in self defense or while executing some law, or within a legally established gun range or shooting gallery,” the law reads.
The law even makes it a misdemeanor to discharge any “air gun, air pistol, air rifle or BB gun” inside the city, except at a legally established target range or shooting gallery. It is even a misdemeanor to discharge “any replica gun, or realistic toy gun” within the city.
Sen. Charlane Oliver (D-Nashville) asked how Lowe’s bill would affect “larger populated cities like Chattanooga, Knoxville, Memphis or Nashville, where someone may not understand that someone is hunting and could confuse someone having a rifle with a public safety situation.”
Lowe said legal restrictions of firing a gun will kick in, like the requirement to be 100 yards away form the nearest structure. He said such requirements “are less likely to create hunting opportunities” in urban settings as opposed to rural areas.
“As far as a general sentiment on whether or not someone’s using firearms for a lawful purpose, it’s not the domain of a city council or a county commission to determine if the Second Amendment is being used appropriately,” Lowe said. “It’s their authority to regulate public safety and those laws are not touched by this bill.”
The bill undermines that authority, said Sen. Heidi Campbell (D-Nashville).
”This bill removes local ability to adopt reasonable safety measures that fit the unique geography, configuration, population density, and nature of their communities,” Campbell said. “While I can understand in the scenario that the sponsor brings up that this might actually be a viable bill, I’m not sure that it’s a one-size-fits-all kind of approach when we’re thinking about really populated areas like Nashville.”
Tennessee Wildlife Federation official Horace Tipton said local governments would still have the ability to enforce state criminal gun laws, on things like reckless discharge of a firearm. He explained the bill only covered hunters “as long as they’re lawfully hunting.”
Sen. Mark Pody (R-Lebanon) clarified that the law does not change anything.
“We’re not taking anything away from the locals,” Pody said. “They still can make sure a safe thing is done. We’re just kind of keeping things status quo.”
Lowe agreed. But clarified: ”We’re making it clear that this is one of those situations where we have not granted authority to locals to regulate hunting and fishing and the activities thereof.”