The city of Starkville’s effort to adjust its discharge of firearms ordinance to allow for hunting on land brought in through annexation drew some mixed reaction at the first public hearing on Tuesday.
Aldermen are required to hold two hearings before they can change the ordinance, which now completely bans the discharge of firearms within city limits, to match Mississippi Code section 45-9-53, which lays out guidelines for hunting on annexed territory. Starkville is considering annexing land to its east and along the Highway 12 and 182 corridors.
Under the statute, a shotgun, air rifle, air pistol, BB gun or bow and arrow can be used on land that is at least 10 acres and more than 150 feet away from a residence or occupied building located on another property. A center fire or rim rifle or pistol, or a muzzle-loading rifle or pistol of any caliber can be used on a land that is at least 50 acres and more than 300 feet from a residence or occupied building located on another property.
Ronnie Wofford, a resident who lives in the area the city is considering annexing, said he’s in favor of the ordinance change.
“If people look at it, I think it’s not like you’ll have people in the street or on every half-acre with weapons,” Wofford said.
Wofford said his land does not meet the 50-acre threshold — he said he could only think of one parcel that does in the annexed area — but the weapon provisions allowed with 10 acres are better than nothing.
“The land I have will be right up against people who have two acres (who will not be annexed) and they’ll still be able to fire rifles,” he said. “They’ll still be able to shoot any weapon they want on their property. I will not. I will basically have a shotgun and an air rifle. I’m very pro-this, just to get what we can out there and just to keep some rights.”
Ward 3 Alderman David Little and Ward 5 Alderman Patrick Miller pointed out that the statute currently applies to the county.
“What that would allow you to do is maintain what you’re already allowed to do in the county,” Miller said.
Alvin Turner, a resident who lives in the city, said he’s opposed to the change. He said he was concerned about people targeting police officers or community leaders if the ordinance changes.
“The old saying is if it ain’t broke, don’t fix it,” Turner said. “…There’s nothing wrong with the law. If you make it weaker, you put everybody in jeopardy.”
Legal questions
Ward 6 Alderman Roy A. Perkins questioned whether the city needs to change the ordinance. He referred to a section of the statute that says a city or county “may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the county or municipality or in an area annexed by the county or municipality after Sept. 1, 1981.”
Perkins focused specifically “may” in the section, noting that the word tends to allow for discretion in legislative language, while “shall” makes something mandatory.
“If it’s discretionary, we’re already in compliance with state law,” he said. “If it’s mandatory, we’re not in compliance. What concerns me with my legislative background and drafting that language when it states the county or municipality may not apply — just as an attorney, I don’t want to be left hanging with that.”
City Attorney Chris Latimer said he has contacted state officials for clarity on the matter.
“Normally, the word ‘may’ is discretionary,” Latimer said. “In that phrase, it reads like it’s mandatory. I did reach out to the (attorney general) to get some clarification on that (Monday). I haven’t heard back yet but we should have that word by next meeting just to flesh out what the phrase ‘may not apply a regulation’ means — whether that’s mandatory or discretionary.”
Alex Holloway was formerly a reporter with The Dispatch.
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