Opossum spin off
Moderators: carlson1, Charles L. Cotton
Opossum spin off
The opossum thread below (or above) made me think. What does the law say about dispatching injured animals within city limits, if there is a no discharging law? I realize this will vary between cities, but my curiosity is piqued. If anybody has info about Austin and the surrounding area please post.
Re: Opossum spin off
What's an "opossum"???dcphoto wrote:The opossum...

And, why not just used a pellet gun or a 22?
Niether of these makes much noise so it's not too likely
anybody is going to notice when you off those little critters.
You could always leave a nice bowl of anti-freeze out!

Seriously though, I lived in Austin for over 15 years and
I'm betting with so many hippie libs around, it's
going to be against city ordinance to shoot anything.

Democracy is two wolves and a lamb deciding what to have for dinner
Liberty is a well armed lamb protesting the vote. - Benjamin Franklin

Re: Opossum spin off
http://en.wikipedia.org/wiki/Opossum
I was thinking more along the lines of an injured animal comes into the yard, or I hit (or witness) a dog/cat/deer/insert animal hit by a car and severely wounded. I am not a hippie, but I will not stand by and watch an injured animal suffer from a fatal wound. I believe the same courtesy should be extended to humans, but that kind of compassion is not widely accepted.
As for the pellet gun, I don't own one. And a .22 may be quiet, but it isn't silent.
I was thinking more along the lines of an injured animal comes into the yard, or I hit (or witness) a dog/cat/deer/insert animal hit by a car and severely wounded. I am not a hippie, but I will not stand by and watch an injured animal suffer from a fatal wound. I believe the same courtesy should be extended to humans, but that kind of compassion is not widely accepted.
As for the pellet gun, I don't own one. And a .22 may be quiet, but it isn't silent.
Re: Opossum spin off
Oh, you mean a possum...OK, I get it now.dcphoto wrote:http://en.wikipedia.org/wiki/Opossum
(country folk jus calls 'em possums...like Granny did on Berverly Hillbillies)

Wasn't suggesting that you were the hippie, but since there are so many
liberals in Austin I'm thinking city ordinance doesn't allow you to kill any
animal whether they are suffering or not.
I'm betting they require you to call 9111 and not take any further action.
Even if it's an emergency situation where the animal is attacking your
family, pets, etc.
Austin's wierd like that.
In fact, they have this whole thing about keeping Austin wired you know...
Best way to get an answer is call up the local police substation
commander in your area. He'll be able to tell ya or at least be
able to find out if he doesn't already know.

Democracy is two wolves and a lamb deciding what to have for dinner
Liberty is a well armed lamb protesting the vote. - Benjamin Franklin

Re: Opossum spin off
It may not be the right answer, but you'll get an answer!Rockrz wrote:Best way to get an answer is call up the local police substation
See the penal code, sec 42.092 (e)(1) and (f) for a start. Also search for "depredation" in wildlife regs.
"Ees gun! Ees not safe!"
Re: Opossum spin off
Also, be sure you check city ordinance which may not
allow you to do what the state of Texas allows.
the phone call, and if you end up doing what he said and it's wrong then
you and your attorney can easily make things right in court, including
covering the cost of your attorney's services.
It's perfectly legal in Texas to record your own phone calls and it's
been upheld several times by the Texas Supreme Court and is a smart
thing to do sometimes to cover yourself.
allow you to do what the state of Texas allows.
Well, if the guy gives you an answer that works for you, be sure and recordboomerang wrote:It may not be the right answer, but you'll get an answer!
the phone call, and if you end up doing what he said and it's wrong then
you and your attorney can easily make things right in court, including
covering the cost of your attorney's services.

It's perfectly legal in Texas to record your own phone calls and it's
been upheld several times by the Texas Supreme Court and is a smart
thing to do sometimes to cover yourself.

Democracy is two wolves and a lamb deciding what to have for dinner
Liberty is a well armed lamb protesting the vote. - Benjamin Franklin

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Re: Opossum spin off
Rockrz wrote:Oh, you mean a possum...OK, I get it now.dcphoto wrote:http://en.wikipedia.org/wiki/Opossum
(country folk jus calls 'em possums...like Granny did on Berverly Hillbillies)
Wasn't suggesting that you were the hippie, but since there are so many
liberals in Austin I'm thinking city ordinance doesn't allow you to kill any
animal whether they are suffering or not.
I'm betting they require you to call 9111 and not take any further action.
Even if it's an emergency situation where the animal is attacking your
family, pets, etc.
Austin's wierd like that.
In fact, they have this whole thing about keeping Austin wired you know...
Best way to get an answer is call up the local police substation
commander in your area. He'll be able to tell ya or at least be
able to find out if he doesn't already know.
They say "Keep Austin Wierd" I say "Keep the Wierdos in Austin!"
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Re: Opossum spin off
Or..
Step 1: You take your trusty .22 revolver, and make a one-shot kill (you HAVE been practicing, haven't you?)
Step 2: Go back into the house and wait for about 45 minutes (depending on the response time of the local gendarmerie, and the alertness/apathy of your neighbors).
Step 3: If no police arrive, slip carcass into black garbage bag, seal shut with twist tie, and deposit in garbage.
Sometimes, you just have to do it yourself, in order to have it done right.

Step 1: You take your trusty .22 revolver, and make a one-shot kill (you HAVE been practicing, haven't you?)
Step 2: Go back into the house and wait for about 45 minutes (depending on the response time of the local gendarmerie, and the alertness/apathy of your neighbors).
Step 3: If no police arrive, slip carcass into black garbage bag, seal shut with twist tie, and deposit in garbage.
Sometimes, you just have to do it yourself, in order to have it done right.

Re: Opossum spin off
IANAL, but it is probably illegal from shooting within city limits to violation of hunting laws.I can't think of any city of significant size that doesn't have a law about shooting firearms within city limits. There have been some people who think that shooting at snakes or dogs is negligant because the stray bullet might hit a person or other unintended target. Can you imagine the grief they would get if it was trying to dispach a possum?dcphoto wrote:The opossum thread below (or above) made me think. What does the law say about dispatching injured animals within city limits, if there is a no discharging law? I realize this will vary between cities, but my curiosity is piqued. If anybody has info about Austin and the surrounding area please post.
FWIW, it is also illegal to release a possum that you have trapped unless you get permission from the person owning the land where you are going to release it.
NRA Endowment Member
Re: Opossum spin off
That's why you should ask yourself if it's OK to release it on publicWildBill wrote:it is also illegal to release a possum that you have trapped unless you get permission from the person owning the land where you are going to release it
property since you're a tax payer and you're part owner of the property

Just go to the mirror, ask yourself if it's OK, say yes, then
get in the truck and go release him on the side of the road somewhere.

Democracy is two wolves and a lamb deciding what to have for dinner
Liberty is a well armed lamb protesting the vote. - Benjamin Franklin

Re: Opossum spin off
Nope, that would get you in trouble. You need permission from TPWD too.Rockrz wrote:That's why you should ask yourself if it's OK to release it on publicWildBill wrote:it is also illegal to release a possum that you have trapped unless you get permission from the person owning the land where you are going to release it
property since you're a tax payer and you're part owner of the property![]()
Just go to the mirror, ask yourself if it's OK, say yes, then
get in the truck and go release him on the side of the road somewhere.

In reality, if you called TPWD they probably wouldn't care about a couple of possums, but I am just telling you what I read on their website.

NRA Endowment Member
Re: Opossum spin off
Step 3: What if the police do arrive? What do you do?pedalman wrote:Or..
Step 1: You take your trusty .22 revolver, and make a one-shot kill (you HAVE been practicing, haven't you?)
Step 2: Go back into the house and wait for about 45 minutes (depending on the response time of the local gendarmerie, and the alertness/apathy of your neighbors).
Step 3: If no police arrive, slip carcass into black garbage bag, seal shut with twist tie, and deposit in garbage.
Sometimes, you just have to do it yourself, in order to have it done right.
Put a throwdown pistol in the possum's front paw and tell the police that you feared for your life and it was either him or me?

NRA Endowment Member
Re: Opossum spin off
WildBill wrote:Step 3: What if the police do arrive? What do you do?
Put a throwdown pistol in the possum's front paw and tell the police that you feared for your life and it was either him or me?

Nothin worse than gettin into a shoot out with a mad possum!

Democracy is two wolves and a lamb deciding what to have for dinner
Liberty is a well armed lamb protesting the vote. - Benjamin Franklin

- TheArmedFarmer
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Re: Opossum spin off
Here in Jacksonville, the chief of police has gone on record as saying that you CAN discharge a firearm (in the city limits) to protect your property from nuisance animals. He did warn that you "own the bullet" and to be careful where you're aiming.
http://www.jacksonvilleprogress.com/arc ... 23301.html" onclick="window.open(this.href);return false;
http://www.jacksonvilleprogress.com/arc ... 23301.html" onclick="window.open(this.href);return false;
Jacksonville has about 14,000 people, so it's not exactly a tiny town.Reece Daniel, the city’s police chief, said there is a common misconception that citizens are not allowed to shoot and kill a feral hog within the city limits if it is actively posing a threat to persons or property.
“If a hog is damaging your property, you can use a firearm within the city limits to defend that property. Just understand that once you fire a gun, you own that bullet until it stops,” he said.
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Re: Opossum spin off
That's my story, and I'm stickin' to it.WildBill wrote:Step 3: What if the police do arrive? What do you do?pedalman wrote:Or..
Step 1: You take your trusty .22 revolver, and make a one-shot kill (you HAVE been practicing, haven't you?)
Step 2: Go back into the house and wait for about 45 minutes (depending on the response time of the local gendarmerie, and the alertness/apathy of your neighbors).
Step 3: If no police arrive, slip carcass into black garbage bag, seal shut with twist tie, and deposit in garbage.
Sometimes, you just have to do it yourself, in order to have it done right.
Put a throwdown pistol in the possum's front paw and tell the police that you feared for your life and it was either him or me?