The city of Starkville will consider changing its ordinance on the discharge of firearms within city limits to match a state statute allowing firearm use on certain properties in annexed territory.
At last week’s meeting, aldermen voted 6-1, with Ward 6’s Roy A. Perkins opposed, to call for two public hearings, at the Feb. 19 and March 5 board meetings
The board had considered amending the ordinance to allow hunting on properties of a certain size, after Ward 5 Alderman Patrick Miller said a constituent approached him to ask if they could continue to use some of their land, near the Highway 82 bypass, for hunting. The land is in the area the city is considering for annexation, and consultant Mike Slaughter told aldermen other cities have made similar allowances.
Miller told The Dispatch the landowner who prompted the discussion was the most recent to mention the concern to him but it’s a concern he’s heard repeatedly from citizens throughout the board’s annexation considerations.
“It ties back into annexation in terms of people being concerned about buying land or owning land that’s either in the county now or the city now who bought that land with the purpose of wanting to take part in recreational activities,” Miller said. “This would allow them to do so.”
State statute
At last week’s board meeting, City Attorney Chris Latimer said Mississippi Code section 45-9-53 lays out guidelines for hunting on annexed territory.
The statute 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.”
It lays out restrictions for what types of weapons can be used on what types of land. A shotgun, air rifle, air pistol, BB gun or bow and arrow can be used on a piece of 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 piece of land that is at least 50 acres and more than 300 feet from a residence or occupied building located on another property.
The statute also says the weapons can only be used in a “manner not reasonably expected to cause a projectile to cross the boundary of the tract.”
Latimer told The Dispatch on Wednesday the proposed change to the ordinance will keep the city’s ban on discharging firearms, in section 82-6, in place and will add a comma and language that says except in areas as permitted by Mississippi Code section 45-9-53.
He also said it’s the city’s understanding of the law that it would already allow the use of firearms in areas that match the provided descriptions that were brought in during the 1998 annexation.
Mayor Lynn Spruill said the city will hold two public hearings, as it always does, for the ordinance change. She said the change is less intensive than the city originally expected it to be.
“In this case, it’s nothing substantive other than that we are comporting with state law, and as part of that, you don’t want your ordinances fighting or being incorrect,” she said. “Any time we run across something where we are not in compliance with state law and state law has trumped us, we want to make sure we put that out there so we’re in alignment with state law.”
‘I don’t think that’s good government’
Perkins told The Dispatch he doesn’t think the city should move ahead with the ordinance change. He said the change, which he called “very radical,” is only being considered to make annexation more appealing.
“I do not see any reason or need to amend our ordinance because state law will preempt it anyway,” said Perkins, who has opposed annexation since the city began considering it in 2017. “The city, in my opinion, by amending this ordinance or proposing to amend it is basically letting this citizen or any other who are similarly situated know that we’re taking this step forward and hopefully this will remove any objection you have on the issue of annexation. That is the bottom line. I don’t think that’s good government.”
However, Miller said he feels its natural to consider the concerns of those the city is looking to bring within its limits.
“Part of this is a product of where we live,” Miller said. “We live in a rural area where people take part in those activities, so of course it’s an issue of concern for those people being annexed and for people who are within the city and want to take part in those activities within the parameters that are appropriate with state law and are safe.
“That just kind of comes with the territory,” he later added. “As the city grows you’ll continue to see other items that will come up. Conflict is what impacts policy, so you’ll see that every time.”
Alex Holloway was formerly a reporter with The Dispatch.
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