Hunting in City Limits?

To the OP:
You can get a Hunter Safety course online from Texas and not have to do the field portion of the test that MD requires.

MeatGrinder said:

This thread brings up some questions that I have been pondering. In a suburban area, is the double lung shot still the best bet? I sure would not want to cripple one with a slightly off head shot. If they are not stressed, how far will they run? What if there is a fence? I would think, if wounded, that they would not jump a fence, but I don't really know.

MG

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honestly a spine shot would be ideal followed by a double lung or slitting its throat, but to do that intentionally is going to be a great feat. Double lung is the best IMO other than a brain shot. Double lung can still go 40yds or more.

wilcam47 said:

honestly a spine shot would be ideal followed by a double lung or slitting its throat, but to do that intentionally is going to be a great feat. Double lung is the best IMO other than a brain shot. Double lung can still go 40yds or more.

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I don't really understand the question since I think we're talking about bow hunting, right? In bow hunting double lung is always the best bet. Some people like to go for neck/head shots when hunting with a gun because it's less likely to destroy meat and will usually put the deer down in its tracks. That's fine if you're very confident in your aim, but in the suburbs you really only want to take super high percentage shots anyway.

With a firearm (with ample penetration) a shot angled to break at least one shoulder, combined with lungs will drop them. Will destroy some shoulder roast, but in best case they will fall face first on the spot.

Oh how I wish hunting in Columbia neighborhoods was legal. Got this guy on the trail camera I put in my yards. The date and time stamp are way off, as I recently changed the batteries and forgot to reset. This is one of 5 bucks I had on the camera this week.

Hey guys I came across this while searching for bow hunting laws within Washington County, specifically hunting inside the city limits of Hagerstown, MD. Talking with DNR they didn't have any issue as long as regular hunting regulations are followed. They told me to check with the city to be safe. So after talking to HPD, a CPT sent me this code/link. https://www.ecode360.com/9907406

"It shall be unlawful for any person to fire, discharge or shoot a gun, firearm, air gun, blowgun, spring gun, gas-operated gun, blowpipe, slingshot, bean shooter or any other contrivance manufactured and calculated to throw, sling or discharge any shot or other missile within the City limits, and it shall be unlawful for any person, other than a law enforcement officer or a duly licensed person, to possess any such weapon upon the streets, alleys or other public ways of the City except while transporting such weapon from the place of purchase to his home or from his home to a point outside the City boundaries and returning."

I'm shocked by this as there are several areas inside the city limits that lie on the out skirts of town that have plenty of deer. I've been given permission to bow hunt one of these areas and would easily be 100 yards from any building/dwelling. However now that I know about this code I'm not sure it's worth the risk to hunt it.

I've reached out to a representative on the city counsel and he advised that they would have to have a majority vote to change the law. Which is unlikely just so one person can bow hunt. It's just amazing that you can actually own a good chunk of land within the city and then can't even shoot a bow on it. Heck you can't even shoot a sling shot. It's not like it's in the middle of the city on some public street.

Thoughts?

The city can control use, but they can’t control possession. They aren’t grandfathered in and the state has preemption (Baltimore city and only a couple of other small incorporated towns have laws predating the MD preemption law). Only touching on the possession/transportation part.

I’d bet many towns have ordinances against discharge of a weapon on the books. I am 99% sure Frederick city does and plenty of Frederick city is “rural”.

Most laws are one size fits all, no exceptions needed. Because law makers usually just don’t give a crap. Or if an exception is given, it is given to agents of the government.

Good luck. I'm afraid you're probably going to be shot down trying to get permission from other home owners. It's one (if not the top) liberal enclaves in the country, full of anti gun and anti hunters...especially bow hunters. There is a law on the books in this state that prevents hunter harassment that is the result of a bunch of lefty loonies from MOCO purposely entering the woods in a game management area on opening day of bow season many years ago to make sure everyone's hunt was ruined...Not only that, but if you do manage to get permission and you stick one and he runs on to someone else's property outside of the 100 yards they are probably going to be unwilling to give you permission to retrieve your kill. There's a reason why that huge buck lives there...he's safe and he knows it...

lazarus said:

The city can control use, but they can’t control possession. They aren’t grandfathered in and the state has preemption (Baltimore city and only a couple of other small incorporated towns have laws predating the MD preemption law). Only touching on the possession/transportation part.

I’d bet many towns have ordinances against discharge of a weapon on the books. I am 99% sure Frederick city does and plenty of Frederick city is “rural”.

Most laws are one size fits all, no exceptions needed. Because law makers usually just don’t give a crap. Or if an exception is given, it is given to agents of the government.

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Nowhere inside the city of Frederick is "rural", unless you count Ft. Detrick property, around Whittier.

Moco just recently reduced the ruling around proximity to a dwelling to 50yds (elevated) with a bow. It's been this way for a while now in Fred Co, and I've nailed 2 deer in 4 years in my back yard woods. I've been very fortunate that one was right at the top of my fence line to the woods and ran into my yard to die and the other (biggest buck I've bagged) got tangled up in the thick and decided to lay down and die there rather than run.

For those that are worried about a deer crossing onto other property. If the owner doesn't Grant you permission, DNR will retreive your kill for you.

DaemonAssassin said:

Nowhere inside the city of Frederick is "rural", unless you count Ft. Detrick property, around Whittier.

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Isn’t it city limits up pretty close to the base of he mountains? Or is it just that the city owns land up towards Gambrils (Frederick city watershed), but it isn’t in the incorporated city limits?

lazarus said:

Isn’t it city limits up pretty close to the base of he mountains? Or is it just that the city owns land up towards Gambrils (Frederick city watershed), but it isn’t in the incorporated city limits?

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Actually that is incorrect for the city limits. IIRC, the city owns the watershed, but does not consider it within the city limits for environmental reasons. The city does not own the land form the west end city limit to Gambrill State Park.

The city limit to the west side is actually closer to Golden Mile that you might think. Check the screenshot to see where the cit limits actually are.





Editing to add a close up of the west side that includes the Watershed, with visible roads for orientation.

sclag22 said:

For those that are worried about a deer crossing onto other property. If the owner doesn't Grant you permission, DNR will retreive your kill for you.

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This is flat out wrong. A landowner has no obligation to allow you on their property to retrieve a deer and dnr has no legal authority to force a landowner to grant access to anyone to retrieve the deer.

Clark W. Griswold said:

This is flat out wrong. A landowner has no obligation to allow you on their property to retrieve a deer and dnr has no legal authority to force a landowner to grant access to anyone to retrieve the deer.

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Actually they do for NRP. Subsection 10-1104 Searches Without a Warrant.

If the officer has probable cause to believe that any species of wildlife...not feasible to secure a warrant in time...the NRP office may examine and boat, railway car, box, crate, package or take bag without a warrant.

Can search vehicles. Can determine if the person has the appropriate license.

Does not permit entering a dwelling house without first procuring a search warrant.

I paraphrased slightly. Your property is not your dwelling house.

In effect Maryland Natural Resources Code does allow the officer to search your property and retrieve the deer (there is another subsection of seizure of wildlife or devices in violation of this title).

If you’ve got a deer that has been shot and killed by a hunter on your property, you do not have lawful possession of said deer.

Getting a warrant would damage said wildlife by taking too long (most likely) and thus if the NRP officer has probable cause to believe the deer is on your property they can retrieve it. That would fall under “feasible in time” most cases.

Once you’d killed an animal, so long as you it was a legal harvest, said animal becomes your property.

You never have a legal right to enter someone else’s private property to get your property except under very limited circumstances (usually things like with a uniformed officer with a warrant to help identify your property or something along those lines).

Officers of the law also usually can’t, without a warrant. But there are certainly exceptions.


Anyway, DNR can’t grant a hunter a right to go get their deer off someone else’s private property. An NRP officer can go retrieve it legally. I assume in almost all circumstance the NRP officer would politely ask the property owner first if home. It isn’t illegal for the hunter to go ask the land owner for permission. A note on that, it is generally only a legal trespass to cross to someone’s dwelling and knock, ring the bell whatever if they don’t have no trespassing signs up and if you are traversing a normal access route. IE going up their driveway/sidewalk.

By “paraphrasing slightly” you left out an important part of that law which I’ve bolded below.

In general
(a) If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant.

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The deer I shoot that dies on your property is not illegally in your possession any more than it is legally possessed by me. The simple fact that a deer dies on your property without your intervention doesn’t place it in your possession. You must take action to possess that deer.

Likewise, shooting a deer does not make it belong to the shooter. It only belongs to the shooter once reduced to possession. In fact, you could request that NRP issue you a non-hunting tag so that you may legally take possession of the deer that died on your property.

While you may find an NRP officer who is willing to attempt to help you retrieve your deer, they cannot do so if the landowner refuses. Most likely when you call the dispatcher you will be told either they can’t help or no one is available.

If someone plans to hunt where it’s possible a wounded deer may run onto another property, the prudent course of action is to secure permission to retrieve deer before it is an issue.

I am not a lawyer and I’ve never stayed at a holiday inn express, but I am very familiar with hunting laws and regulations. I assure you that a landowner who refuses to grant permission to retrieve game from their land will win out and has the legal right to do so.

Pretty sure that isn’t the way the law views things. And DNR has had on their website for many years that if you do have a deer run on to private property that you should contact the landowner for permission to retrieve and failing that, call DNR and they will assist you. I can find it now. Maybe they took it down because they actually wontnhelp or can themp you, but they had it in the online hunting regs for years.