Laws on shooting squirrels with a pellet gun

Posted by: thevinman

Laws on shooting squirrels with a pellet gun - 05/19/11 11:22 AM

I heard a story at work regarding a 17 year old shooting nuisance squirrels in their yard (on their property) with a pellet gun. Apparently a neighbor called the police and they came down and told them they cannot do so without their neighbors "permission", and were instructed by the officer to stop.

This sounds a little fishy. Is there any validity to this? Are there laws applicable to this type of thing?
Posted by: KillTaker

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 12:19 PM

Vin

I don't when the incident happened, but here are the season dates:


Species
Gray Squirrel

Season Dates
Jan 1 - Feb 28
Sep 1 - Sep 30
Oct 15 - Dec 31 1/2

You can't shoot squirrels this time of year..

As far as I know there is not a regulation about the distance you must be from a neighboring building to use an air rifle, but if this was local police, they will use thier discretion to put out the "fire".
Posted by: Reelin

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 01:39 PM

500 foot rule?
Posted by: OHMYGOD

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 01:52 PM

Originally Posted By: thevinman
I heard a story at work regarding a 17 year old shooting nuisance squirrels in their yard (on their property) with a pellet gun. Apparently a neighbor called the police and they came down and told them they cannot do so without their neighbors "permission", and were instructed by the officer to stop.

This sounds a little fishy. Is there any validity to this? Are there laws applicable to this type of thing?


Thats correct, the neighbors have to be on board, or you can't do it.
Posted by: EnCon Police

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 02:21 PM

As posted above there is a season for grey squirrels. That's #1, #2 is the 500 ft rule, if he was closer than 500 ft (and in season) he can't do it. #3 - he needs a hunting license. A pellet gun falls under

Sec. 26-1. Definitions. (12) "Hunting" means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.

Sec. 26-27. Licenses required for hunting, trapping and fishing. Exceptions. (a) Except as provided in subsection (b), (c), (e), (f), (g) or (h) of this section and other provisions of this chapter providing specific license exemption, no person shall take, hunt or trap, or shall attempt to take, hunt or trap, or assist in taking, hunting or trapping, any wild bird or mammal and no person more than sixteen years of age shall take, attempt to take, or assist in taking any fish or bait species in the inland waters or marine district by any method or land marine fish and bait species in the state, regardless of where such marine fish or bait species are taken, without first having obtained a license as provided in this chapter. No person under sixteen years of age shall hunt or trap, except as provided in section 26-38.

26-66-1. Behavior and actions of hunters
(a) The method of taking wild birds and wild quadrupeds by hunting shall be restricted to firearms, high velocity air guns using a single ball or pellet type projectile, and compound, long, or recurved bow. In designated areas, by special permit, the commissioner may allow the use of modified versions of air guns or archery implements to achieve wildlife management objectives. No arrow or projectile which is coated with or contains any drugs, poison or known tranquilizing substance may be used or possessed while engaged in archery hunting.
Posted by: Wilderness_dave

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 05:15 PM

Thanks encon...

Quote:

Thats correct, the neighbors have to be on board, or you can't do it.


A person has a hunting license, is in the season dates and is 500 feet from homes...He has to have permission from neighbor to shoot squirrels? Is this correct? a town ordinance?

I can bow hunt deer on my property and don't have to tell the neighbors a thing.
Posted by: KillTaker

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 05:58 PM

Skip

Please no that I'm trying to argue this in any way, I just want to see if/where an air rifle is defined as a "firearm" and how that pertain to the 500 ft. rule. Here is the 500 ft rule regulation I found, and it only mentions firearms:

500 Foot Zone - It is prohibited to hunt with, shoot, or carry a loaded firearm within 500 feet of any building occupied by people or domestic animals, or used for storage of flammable material, or within 250 feet of such buildings when waterfowl hunting in tidal areas from land shooting positions or from floating blinds anchored adjacent to land or from rock positions, unless written permission for lesser distances is obtained from the owner and carried. Landowners, their spouse, and lineal descendants are exempt from this restriction, providing any building involved is their own. The 500 foot zone does not apply to bowhunting.


Thanks,

As always I appreciate your insight
Posted by: DaveyDave

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 06:41 PM

wow this is too funny..not even worth getting started on this one first pidgeons now squirrels whats a man suppose to eat?
Posted by: Scott Farris

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 07:59 PM

Page 12 of this year's Hunting & Trapping guide:

High-Velocity Air Guns - Restricted to those that use a single ball or pellet-like projectile. Additional restrictions on the use of air guns are the same as those for rifles and handguns.

The additional restrictions include the 500 ft requirement.

Scott
Posted by: KillTaker

Re: Laws on shooting squirrels with a pellet gun - 05/19/11 10:39 PM

Originally Posted By: Scott Farris
Page 12 of this year's Hunting & Trapping guide:

High-Velocity Air Guns - Restricted to those that use a single ball or pellet-like projectile. Additional restrictions on the use of air guns are the same as those for rifles and handguns.

The additional restrictions include the 500 ft requirement.

Scott


Scott, I saw that, but thought it was so ambiguously vague, that I was looking for clarification from the law book, not just the hunting guide. To that end, if we interpret it literally, we have to then say that since air guns carry all the restrictions of a rifle, that you must have 10 acres to hunt with one. And, since air guns carry all the restrictions of a pistol, that you would need a carry permit for one as well.

I'm just curious about the whole thing.
Posted by: Bruiser360

Re: Laws on shooting squirrels with a pellet gun - 05/20/11 12:37 AM

Originally Posted By: KillTaker

Scott, I saw that, but thought it was so ambiguously vague, that I was looking for clarification from the law book, not just the hunting guide. To that end, if we interpret it literally, we have to then say that since air guns carry all the restrictions of a rifle, that you must have 10 acres to hunt with one. And, since air guns carry all the restrictions of a pistol, that you would need a carry permit for one as well.

I'm just curious about the whole thing.


Some of these high powered air guns are being used to hunt big game down south. I could understand some of the necessary restrictions but never really thought of it as something that would draw enough attention to be pursued. Your comment about the carry permit is interesting to say the least.
Posted by: Scott Farris

Re: Laws on shooting squirrels with a pellet gun - 05/20/11 01:19 AM

KillTaker,

Since you can't take deer with an air rifle there is no 10 acre requirement. Since the handgun permit is required to have the handgun and has nothing directly to do with a hunting requirement, there is no link to air gun hunting requirements. If there was a permit required to posses an air rifle in the field, you can bet it would be required for you to have that permit before allowing you to hunt with the air rifle.

Scott
Posted by: EnCon Police

Re: Laws on shooting squirrels with a pellet gun - 05/20/11 12:06 PM

Here is the statutory definition of a firearm:

Sec. 53a-3. Definitions. Except where different meanings are expressly specified, the following terms have the following meanings when used in this title:(19) "Firearm" means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other weapon, whether loaded or unloaded from which a shot may be discharged;

This statute includes pellet guns and BB guns under the definition of firearm as it is a "other weapon"...from which a shot may be discharged. As such, anyone hunting with a pellet gun or BB gun must comply with all firearms hunting laws, i.e., 500 ft rule, in season, with a license, permission of the property owner, etc. The 10 acre rule applies specifically to center fire rifles of .270/6mm or larger for deer hunting. You can coyote hunt on less than 10 acres with a center fire rifle (I know, what's the difference between hunting a deer or coyote with a high powered rifle....I didn't write the law) Pellet guns are not center fire rifles and you can't deer hunt with them as the caliber is too small, so that's a moot point.
Posted by: KillTaker

Re: Laws on shooting squirrels with a pellet gun - 05/20/11 12:36 PM

Thanks Skip.

I just don't think most people would have made the connection based on the wording in the hunting guide, myself included. Your clarification really helps.
Posted by: Short Trip

Re: Laws on shooting squirrels with a pellet gun - 05/21/11 12:37 AM

Don't mean to hijack the thread, but I would appreciate clarification on two questions brought up in this post. I thought I read in a previous post, that the 500 and 250 ft rule only applies to Hunting, target shooting does not apply, and the only restrictions would result from town ordinances. The second is regarding coyote hunting on my property. I have less than 10 acres, but meet the 500 ft rule, can I or can I not hunt coyotes with my .223. I appreciate any clarification on these matters. Thank you.
Posted by: EnCon Police

Re: Laws on shooting squirrels with a pellet gun - 05/23/11 12:25 PM

Coyotes are considered small game. Therefore the small game regulation applies. The only mention of centerfire rifles in the small game statute deals with the prohibition on private land during deer season unless you have a valid private land deer permit with authorization by the landowner to use a rifle. During deer season you need to remember that the .240/6mm caliber restrictions apply, even you are coyote hunting. Save the .22/250, .223, etc. for outside of deer season.

HUNTING AND TRAPPING
26-66-1. Behavior and actions of hunters
(a) The method of taking wild birds and wild quadrupeds by hunting shall be restricted to firearms, high velocity air guns using a single ball or pellet type projectile, and compound, long, or recurved bow. In designated areas, by special permit, the commissioner may allow the use of modified versions of air guns or archery implements to achieve wildlife management objectives. No arrow or projectile which is coated with or contains any drugs, poison or known tranquilizing substance may be used or possessed while engaged in archery hunting.

(b) Use of crossbows is prohibited, except that a person who has a permanent physical disability to the degree that he or she cannot operate a long, recurve or compound bow may obtain a permit to take deer or turkey with a crossbow. A person applying for this permit must show proof that he or she has successfully completed the Connecticut conservation education/firearms safety advanced bowhunter education course or its equivalent, and must personally appear before the commissioner, or his designee, with certification from a licensed physician that he or she is so disabled. Upon satisfactory proof of disability, the commissioner may issue such a permit under this section which must be carried at all times while hunting. Such permit shall not be a replacement for and is valid only with any license or permit required for archery hunting under the provisions of chapter 490 of the Connecticut General Statutes or regulations promulgated thereunder. Any crossbow and bolt combination to be used for hunting as permitted under this subsection shall meet the following specifications: (1) The draw weight of the crossbow shall be not less than 125 pounds nor more than 200 pounds; (2) The crossbow shall have a permanent fixed rifle type stock, and a functional and/or fully operational mechanical safety device; (3) The bolt (arrow) length shall be not less than eighteen inches, excluding the broadhead; (4) The bolt weight shall be not less than 450 grains, including the broadhead; (5) the broad head shall have two or more blades with a width not less than seven-eighths of an inch at the widest point. In addition, any crossbow in a drawn and cocked position shall be considered a loaded weapon, whether or not a bolt is loaded on the crossbow.
(c) There shall be no hunting from one-half hour after sunset to one-half hour before sunrise, except that raccoon and opossum hunting is permitted after sunset on state-owned lands which are open to hunting and on privately owned lands where landowners have granted permission, and provided the open season for hunting migratory game birds shall be governed by the provisions of Section 26-66-4, and provided further that on the third Saturday in October, hunting shall commence at 7:00 a.m. e.d.t. (Eastern daylight time) except for waterfowl, turkey and archery deer hunting.
(d) There shall be no hunting with firearms, discharging of firearms or carrying of loaded firearms within five hundred feet of any building occupied by people or domestic animals or used for storage of flammable or combustible materials, unless written permission of owner of such buildings is obtained and carried while hunting to allow closer shooting distances, except that the above referred to distance shall be not less than two hundred fifty feet unless written permission of owner of such buildings is obtained and carried while hunting to allow closer shooting distances when waterfowl is hunted in tidal water areas from land shooting positions or from floating blinds anchored adjacent to land or from rock formations. The provisions of this subsection shall not apply to landowners, their spouses or lineal descendants when hunting within five hundred feet of buildings owned by them or, when hunting waterfowl, within 250 feet of such buildings, but shall apply when said persons are hunting within said distances of buildings not so-owned.
(e) No hunting weapon shall be discharged toward any person, building or domestic animal when the same is within range or from or across the traveled portion of any public roadway.
(f) Domestic animals, agricultural crops, signs, fences, installations and facilities of utility companies and other property shall not be damaged.
(g) No dogs shall be trained, run or exercised or be permitted to run at large during the period from June first to the opening of the upland hunting season on any land posted by the Department or its agents against such activity.
(h) Hunting, trapping, fishing and/or trespassing is prohibited on any wildlife refuge, closed area or safety zone posted by the Department or its agents against such activity.
(i) Hunting is prohibited from the traveled portion of a public road or on any road adjacent to any premises used for the breeding, rearing, or holding in captivity of wildlife, or premises used for zoological purposes, or posted by the Department or its agents against said activity.
(j) No animals, except a dog or bird of prey where permitted by law or regulation shall be used in hunting or pursuing any wild bird or wild quadruped. Permits to use birds of prey may be issued at the discretion of the commissioner to those persons who are engaged in federal, state or university cooperative research programs for the reestablishment of wild populations of raptors.
(k) No motor vehicle shall be operated or parked upon any public or private road, parking area, lane, passageway, right-of-way, field or lot posted by the Department or its agents against such activity.
(l) Discarding of bottles, glass, cans, paper, junk, litter or trash is prohibited on lands and waters open to hunting or otherwise under the jurisdiction of the Department of Environmental Protection.
(m) Vehicles using department-controlled parking areas shall be parked only in authorized places.
(n) At department-controlled boat launching sites, no boat shall be moored or anchored in a manner that will obstruct or interfere with the launching of other boats, and no boat shall be left unattended in the water or beached on shore unless such boat has, in an exposed area, the name and address of the owner of such boat painted or branded thereon or in any legible manner attached thereto. Any boat anchored, moored, beached or stored in violation of this subsection, and not removed within forty-eight hours after notice has been served on the owner thereof, shall be subject to impoundment at the expense of the owner, and such owner shall be subject to the penalties provided for violations of the provisions of this subsection. For the purpose of this subsection, notice shall be considered to have been served on the owner when a warning card has been affixed to his boat by a representative of the Department.
(o) At department-controlled boat launching areas on inland lakes and ponds, unattended boats left moored, anchored, beached or stored after December fifteenth and before March first shall be subject to impoundment at the expense of the owner and such owner shall be subject to the penalties provided for violations of the provisions of this subsection.
(p) Subject to the provisions of subsection (c), no person shall hunt raccoons or opossums from 1/2 hour after sunset to 1/2 hour before sunrise by the use of a rifle, revolver, or pistol that uses centerfire ammunition or rim fire ammunition having a cartridge case longer that that of a .22 caliber long rifle cartridge case and the projectile of which is heavier than 20 grains or by use of shotgun shells larger or heavier than number two shot. No person shall take or attempt to take raccoons or opossums by the use of a light from a motor vehicle.
(q) Rifles and handguns using centerfire ammunition or rim fire ammunition having a cartridge case longer than that of a.22 rim fire long rifle cartridge case and projectile of which is heavier than 20 grains and shotgun ammunition of loads larger or heavier than number two shot shall not be possessed and pistols or revolvers using ammunition larger or heavier than .22 rim fire long rifle cartridge shall not be used for the purposes of hunting as defined in section 26-1 of the Connecticut General Statutes on any private land during the private land shotgun/rifle deer season as specified in section 26-86a-6(d) of the Regulations of Connecticut State Agencies. This provision relating to rifle and shotgun ammunition shall not apply to persons holding valid private land shotgun and/or rifle deer permits. Waterfowlers hunting from a boat, blind or stationary position may only use the ammunition specified in section 26-66-4(t) of the Regulations of Connecticut State Agencies.
(r) No person shall hunt, pursue, wound or kill any wildlife from September 1 through the last day of February without wearing above the waist at least a total of four hundred square inches of fluorescent orange clothing visible from all sides. This provision does not apply to: (1) archery deer hunting during the open season for hunting deer with bow and arrow; (2) archery deer hunting during the private land muzzleloader or shotgun/rifle deer seasons while hunting from an elevated tree stand more than 10 feet from the ground in zones designated by the commissioner; (3) archery and firearms turkey hunting; (4) waterfowl hunting from blinds or boats or from a stationary position; (5) crow hunting from a blind or a stationary position; (6) hunting raccoon and opossum from one-half hour after sunset