....to fire a pellet gun in the city limits?

There is a crow that is attacking our back windows and scratching the helll out of them. I bought a .177 pellet gun to take care of the situation. This evening when I went outside to remedy the situation, I hesitated because I was not sure if it was legal to shot the pellet gun or to shot a crow. Thoughts?

It depends.

This is not legal advice, if you want legal advice, consult an attorney. This only reflects what I saw when I had to deal with this problem.

When I had problems with grackles, I decided to determine whether I could lawfully shoot a grackle out of a pecan tree, using a .22 caliber Benjamin air rifle within the corporate boundaries of Waco, Texas.

I pulled the Waco municipal code and discovered that it was unlawful to discharge an airgun across a property line or public right-of-way under the Waco municipal code. I made a point not to do either of these things. I discovered that the Texas Parks and Wildlife regulations did not prohibit the killing of a grackle to prevent depredations against crops, such as pecans. I made a point to catch this grackle in the act of taking a pecan.

This was many years ago. Both the municipal code and the parks and wildlife regulations have probably changed.

In Austin, the municipal code defines a BB gun as being a firearm, and the discharge of a BB gun within city limits is therefore the unlawful discharge of a firearm under the municipal code. Fortunately, however, I discovered that my next-door neighbor shoots possums off of his back fence with a .22LR. Therefore, he is unlikely to rat me out. I share vegetables with the neighbors on both sides. Therefore, they are unlikely to rat me out.

So, get a copy of the local municipal code (and any county ordinances) and look it up. Figure out what the local regulation is. Then get out the parks and wildlife game regulations and look it up. Obey the law. Your deed restrictions/HOA may also forbid discharge of a bb gun. Obey your obligations.

Also, be sensitive to whether your neighbors will find the conduct objectionable.

This is not legal advice. If you want legal advice, retain an attorney.

shoot, not shot

BTW, the Austin municipal code section on this issue sucks.

Thanks, Vestal. My nieghbors was my other concern. When i went outside i heard my neighbors 2 young daughters playing in their yard two houses away. I immediately envisioned shooting the crow, it flying 50 yards, dying, and landing on the head of the 3 year old girl....the resulting bedlam would be historic.

http://www.municode.com/RESOURCES/gateway.asp?pid=13839&sid=43

Sec. 20-1. Discharge of firearms.
(a) It shall be unlawful to discharge any firearm, including BB guns, in the city limits or within 5,000 feet of the city limits without first securing the permission of the chief of police or his/her deputies.
(b) This section shall not apply to:
(1) Law enforcement peace officers when acting in performance of their official duties.
(2) Shooting ranges which are operated by the police department or under the supervision of the park board, or which are privately operated if approved by the police department.
(3) The use of blank cartridges for a show or theatrical production, for signal or ceremonial purposes in athletics or sports, or by military organizations.
(4) Self defense or justifiable or excusable homicide situations.
(5) Hunting and/or shooting on one's own property or with written permission of the owner of the property.
(6) Destroying predatory animal on one's own property or with written permission of the owner of the property.

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I'd rather be lucky than good.

[This message has been edited by jonterr94 (edited 11/17/2008 7:03p).]

I think 5 and 6 cover you...

Depends on the city, but it's not necessarily against state law. College Station is a definite no.

NM I just read your name.

[This message has been edited by Eric Draven (edited 11/17/2008 8:48p).]

I will neither admit to nor deny shooting squirrels inside the Houston city limits with a pelet gun to protect our pecans. Again, only took shots that would guarantee death within the confines of our property.

The one on the left is a highly trained and efficient [squirrel and small animal] killer. Nothing is safe in the backyard MUAHAHAHAHA.

Don't let the name fool you. Although I am from Fredericksburg, I live in Houston.

My neighbors might be my biggest worry. I should have bought a Daisy pump action. The Ruger .177 I bought sounds more like my Browning .22 Buckmark. Soon after I sent the original email, that sum***** crow flew into my window and it sounded like a golfball hitting it (a golfball hit by the drunk Daly at Hooters, not by Daly in his prime). Poison recommendations?

Good God, shoot the dang bird, just shoot up and hit it already.

By chance, does your morning commute involve a canoe and a banjo?

Burg, you can try temporarily killing the reflection on the windows in question. Just rub some soap over the window.

I would NOT recommend a poison. Most of the avian based pesticide are pretty broad spectrum and you are likely to get a non-target species (which could get you in trouble).

[This message has been edited by ursusguy (edited 11/17/2008 9:41p).]

At home birds often get into my dog's food and water. I go outside and shoot them with my pellet gun. It helps some. As long as the pellet stays on your property I don't see how you could get caught.

Just put some bread, seed, or any type of food on the ground. Shooting it while on the ground (preferably in the grass) greatly reduces the odds that the pellet will end up somewhere it's not supposed to (windows, neighbors, etc.) Stuff the d@mn thing in a paper grocery sack and put in the trash can.

Problem solved.

Who's going to know? Pull the trigger and have some fun.

You will shoot your eye out

Just yell out something about "castle doctrine, *****es!" before shooting and kill that dity bird

I looked for Fort Worth. It is illegal to fire an air rifle or BB gun in the city limits. I've killed nearly 30 squirrels this year with my Gamo pellet gun.

I would be worried about the neighbors too, but I am more concerned with my sanity!!! Pull the trigger.

I agree, it is time to light that bird up. He attacked again at 7AM today. He is like clockwork....7AM and 5PM every day (don't even need to bait him). I am going home early, grabbing some Shiner Hefeweizen and waiting for him on the balcony.

Have you tried stuffing hay into some of your old clothing and erecting it near the window?

I have heard tell that a little quickcrete mixed in with some bird food will help keep the grackels away. you don't even have to haul them off. They will die when they go get a drink of water.

However, this is a pretty broad method and may eliminate a few none targeted species as well. Or so I hear.

Most of these muni regs is so the cops have the OPTION of using that law to ticket or arrest someone if there is a complaint or vandalism, etc. I don't think they go out of their way to enforce.

For example, paintball guns are airguns, and so are airsoft guns, but noone is going around arresting people for shooting those.

quote:

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(a) It shall be unlawful to discharge any firearm, including BB guns, in the city limits or within 5,000 feet of the city limits without first securing the permission of the chief of police or his/her deputies.

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How the hell does a city assert jurisdiction outside its own limits?!?!?

You might want to look into state and federal wildlife regulations. I know for sure that it is illegal in Texas to kill grackles, as well as most state birds.

Gamo makes a silenced pellet gun. only around $100-$200.

I kill squirrels in my yard all the time with a .22 rifle - and I live within the city limits. Here's how it's done:

1. Buy sub-sonic .22 shells ($4 for box of 50)

2. Stuff a 16 oz. gatorade bottle absolutely full of shredded paper. Place the bottle over the end of the gun and then tape the bottle to the gun very tight (this will cover up your open sights so you need to have a scoped rifle).

3. Fire away. It sounds like a small pellet gun but with easy killing power.

http://www.youtube.com/watch?v=_oSwOyc7jBs

CCI CB's are by my perception, 75% quieter than my cheap Chinese break barrel .177 pellet rifle. I bought a Gamo pellet rifle from Academy and it sounded like I was shooting CCI Stingers.

I thin out the sunflower seed fattened squirrels on a regular basis with CB's.

Don't shoot out your eye or your window.

[This message has been edited by SV (edited 11/19/2008 8:47a).]

When you start playing with squirrels, you are dealing with a game species and potentially opening a can of worms if you piss off a neighbor.

and violating the Migratory Bird Treaty Act if you shoot grackles or crows. just sayin... be careful.

Texas allows you to shoot some birds depredating crops, but not so sure about the feds...

There are a few bird species the state considers "open season, any means"...like pidgeons.

"Unprotected Birds:
The only birds not protected by any state or federal law are European starlings, English sparrows, feral rock doves (common pigeon - Columba livia) and Eurasian collared-doves; these species may be killed at any time, their nests or eggs destroyed, and their feathers may be possessed.
Yellow-headed, red-winged, rusty, or Brewer's blackbirds and all grackles, cowbirds (does not include cattle egret), crows, or magpies may be controlled without a federal or state depredation permit when found committing or about to commit depredations on ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in numbers and in a manner that constitutes a health hazard or other nuisance."
http://www.tpwd.state.tx.us/publications/annual/hunt/nongame/
Be dang careful when playing in this arena.