Snowflake’s firearms ordinance was on the agenda of the town council’s Oc. 25 meeting at the request of Mayor Kelly Willis. Following a lengthy discussion, it was concluded that the town’s staff should review state law to ensure that the town code is not at odds with it.
“Actually, this is pretty good timing,” said Snowflake-Taylor Police Chief Jerry VanWinkle. “The state has changed the state statute, which will affect our town code.”
Chief VanWinkle read the ordinance, which is brief, but restrictive. It states:
“A. Unlawful Discharge; exceptions: it is unlawful for any person within the limits of the town to fire or discharge any firearm, BB gun, air gun, pellet gun, dart gun, slingshot, gas operated gun or other similar gun or instrument except:
“1. As allowed pursuant to the provisions of chapter 4, title 13 of the Arizona Revised Statutes.
“2. On a properly supervised range.
“3. By special permit of the chief of police for the use of such gun or instrument for a valid and proper purpose, and for use in a manner not likely to harm any person, animal or property.
“B. Public Events and Places: any person, other than a peace officer on duty carrying a weapon, upon entering any public place or attending a public event, may be required by the operator of the establishment or the sponsor of the event to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event.
“C. Minors: It is unlawful for any person to sell or give to a minor under the age of eighteen (18) years, without written consent of the minor’s parent or legal guardian, a weapon, ammunition or toy pistol by which dangerous and explosive substances may be discharged. (1986 Code § 10-1-17).”
Chief VanWinkle then began to explain the changes in state law.
“I have a few questions that were brought to me. I heard it is OK to use bird shot in town limits. Is that true?” asked the mayor.
“No,” responded the chief. “The rest of the presentation talks about new state statutes, which state we are required to follow Title 17, which is game and fish hunting regulations.
“If you’re hunting game within city limits, it has to be a shotgun shooting shot,” said the chief, who quoted state law regarding what does not apply if the firearm is discharged. He noted that 13-3107.C.4. states, “For the control of nuisance wildlife by permit from the Arizona Game and Fish Department or the United States Fish and Wildlife Service.
“That’s what you’re talking about, people shooting prairie dogs?” Chief VanWinkle asked. He said that 13-3107.C.5 states, “By special permit of the chief of police of the municipality,” noting that, “I wouldn’t give a special permit unless it coincides with game and fish.”
The chief said that he asked a representative of the game and fish department to attend this meeting, but he could not due to a conflict.
“I think one of the problems is, when I have these questions there’s no black and white. I think it gets very frustrating to people. Officers themselves can’t stay up with statutes. Do you agree?” asked Mayor Willis.
“No,” the chief replied. “I think the officers do know the rules and regulations. There’s a lot of state law that people may read things into; however, our town does have a town code that we’re required to go by.”
Town Attorney Robert Hall explained why this was written. He said that a state senator from Tucson was approached by individuals and hunting groups who felt that they should be able to hunt on some prime hunting land, which was 10 to 15 miles out of town, but still in the city limits.
“In doing it, they took away some of the delegated power of the cities and gave it to game and fish,” said Hall, noting that when you have a hunting season and are licensed, you can only hunt within the parameters of state law.
“You can’t trespass, but what it’s dealing with more than anything is areas way out away from cities that are actually in the city boundaries because they’ve gone through the annexation process,” said Hall.
“You can’t go within one-quarter mile of an occupied building, that’s illegal,” Hall continued. “You have to think two things: hunting under game and fish rules, which also has hunting regulations for little pests, and what the legislature decided to do was let the pests be controlled by game and fish, and so long as we don’t conflict with that we’re fine. Then you have another set of rules, the rules controlling the discharge of firearms outside the hunting restrictions.”
There was discussion on protecting small animals such as ducks.
“The law says if your property is being threatened you have a right to protect that property, specifically states if cattle are being attacked, you can kill the animal. Ducks and other animal property are considered property and not livestock,” explained Chief VanWinkle.
“The person who pulled that trigger is still responsible where that projectile lands,” said Joe Contreras.
“My question is, if somebody calls me and says, ‘Can I take my equipment out here and kill prairie dogs,’ what do I say?” said Mayor Willis.
“I’d tell them to follow the hunting regulations,” responded the chief.
“If it’s hunting related, it’s now controlled by game and fish, and they took that right away from cities…if it’s not hunting and it’s some other activity, it falls under our code,” said Town Manager Paul Watson.
Contreras asked, “Can I kill my cow?”
Chief VanWinkle responded, “That would be a permit.”
Watson suggested that town staff members review the code because as it now reads, you cannot use a dart gun or a slingshot.
“I think we do need to look at our existing code to be in compliance with state law,” he concluded.
