Gun in boat ?

Is shooting a snake from your boat legal on the river?

Dunno. Why would you shoot a snake from the boat? There was a fella around town that sank his jon boat shooting at a snake that fell in the boat with him. He didn't kill the snake either. LOL!!!

Unfortunately you could be charged with reckless endangerment shooting a gun in most any public place.

probably depends on what type of gun it is.

hey Terd, then I guess duck hunters should be charged as well???

It depends on where you are at, and what type of gun. You cannot shoot lead shot on any public Alabama waterway, and you cannot shoot a rifle. I am not sure about pistols, but I would imagine they cannot be discharged on the river.

You also cannot legally shoot any gun from a boat if your fueled motor is running or is in motion from the motor (basically, you can't come in at 40 mph and kill the motor and start shooting while still moving).

Also, there are lots of places in lakes and rivers throughout Alabama that it is illegal to hunt - thus fire any firearm (less than 100 yds from a residence, some city limits, etc.)

Basically, I would probably just get away from the snake to be safe. It he starts coming in the boat, just knock him back in with a paddle and haul arse.

B'ham Buck, can you provide regulations or laws to support your post?

I sure can't and could be wrong on some of them, but if you think it is legal to shoot a snake out of a moving boat at state park in Guntersville with a .270, be my guest.

WEll mister buzzard puke, they sure as hell can if they are near private property and the owner complains or in a lot of cases they are in water that is in a city limits with no shooting ordinances such as might happen on Logan Martin Lake and most other lakes in Alabama.

Clem, I think you will find that BirminghamBuck is "just about right" in every case that he stated.

ummmmm......OK! Thanks I think!

I've not seen that rule about shooting lead in the water. I could be wrong, but I don't think that's against the law

Unless you're hunting waterfowl where lead shot is prohibited or in an area where it is prohibited, such as a refuge, use of lead shot on public waterways is not against the law. Someone prove me wrong.

Unless you are in a bird sanctuary, area prohibiting hunting or are shooting toward private property, an owner complaining about gun shots does not mean you have to quit hunting or that it is illegal, as turdspot stated here: they sure as hell can if they are near private property and the owner complains

Show me the regulation prohibiting shooting a gun from a boat with the motor running. There isn't one unless you are pursuing specific game or waterfowl, and then it must be off and the vessel at a complete stop before you shoot. That's been in effect for waterfowling for years.

If you shoot a rifle from a moving boat at a snake then you're an idiot and deserve whatever happens. But I still want anyone to find me a law or regulation prohibiting that or any of the other things stated.

Unless you're hunting waterfowl where lead shot is prohibited or in an area where it is prohibited, such as a refuge, use of lead shot on public waterways is not against the law. Someone prove me wrong.

It appears I was wrong on this, and leads me to question the validity of the laws regarding the use on non-toxic shot for waterfowl.

Unless you are in a bird sanctuary, area prohibiting hunting or are shooting toward private property, an owner complaining about gun shots does not mean you have to quit hunting or that it is illegal, as turdspot stated here: [b]they sure as hell can if they are near private property and the owner complains [/b]

220-2-.139 Hunting or Discharging a Firearm Near a
Dwelling, etc.
It shall be unlawful for any person to hunt or attempt to hunt within 100
yards of any dwelling belonging to another, whether occupied or not, without
the permission of the owner or lessee of said dwelling. Provided further, it
shall be unlawful for any person to discharge a firearm while hunting in
such a manner that any projectile strikes any dwelling or building used
for human occupation, whether occupied or not, or any commercial vessel,
without the permission of the owner or lessee of said dwelling, building or
vessel. This regulation shall not apply to a landowner or member of his or
her immediate family hunting on his or her own property provided that no
projectile strikes any of the above stated property of another without the
permission of the owner or lessee of said property.

Show me the regulation prohibiting shooting a gun from a boat with the motor running. There isn't one unless you are pursuing specific game or waterfowl, and then it must be off and the vessel at a complete stop before you shoot. That's been in effect for waterfowling for years.

Wrong. Notice the "kill any bird or animal part".

220-2-.11 Prohibited Methods and Devices for Hunting
It shall be unlawful to concentrate, drive, rally, molest or to hunt, take,
capture or kill or attempt to hunt, take, capture or kill any bird or animal
from or by the aid of:
(1) Any automobile, motorcar, airplane, train, motorboat, sailboat or any
type mechanically propelled device, or any other device being operated
in conjunction with any of the above mentioned devices of
transportation. Provided, however, that nothing in this regulation shall
prevent hunting from a floating craft (except a sinkbox), including those
propelled by motor, sail and wind, or both, when the motor of such craft
has been completely shut off and/or the sails furled, as the case may be,
its progress therefrom has ceased, and it is drifting, beached, moored,
resting at anchor, or it is being propelled by paddle, oars or pole, and
provided further that nothing in this regulation shall prevent the taking
of game birds and game animals from any stationary motor vehicle or
stationary motor driven land conveyance provided any forward motion
is ceased and engine is shut off. Nothing in this regulation allows the
hunting, taking or killing or
attempting to hunt, take or kill any bird or animal from any vehicle on a
public road.

If you shoot a rifle from a moving boat at a snake then you're an idiot and deserve whatever happens. But I still want anyone to find me a law or regulation prohibiting that or any of the other things stated.

Perhaps you do deserve what could/would happen, and I will not dispute that. However, the guy standing across the river with his kid that gets hit with a ricocheting bullet does not.

I'm in total agreement with Clem. Laws that govern the shooting of ducks and other waterfowl have no bearing on the shooting of snakes. I would not carry a shotgun with birdshot for this task as you could potentially be accused of illegally hunting waterfowl. However, if you have a pistol with ratshot (lead) or a Judge that shoots .410 shells, then I think you would be perfectly within the law even though you are shooting lead.

You just don't want anybody to have any fun.

I killed dozens of moccasins on the river with an old Crosman pellet gun.

You proved Clem's point. It is NOT illegal to discharge a firearm from a moving boat unless you are shooting at animals. I could ride up and down the river and have my buddy throw skeet from the boat and I could shoot them and the law you posted does not address it.

If we are specifically talking about shooting snakes from a moving boat, then the law you posted would take precedence, but that was not disputed.

None of my posts pertain to shooting skeet, we were talking about shooting a snake out of a boat.

And yes, it was disputed. It was disputed when he incorrectly stated that the law only pertains to specific animals or waterfowl. It pertains to all. I guess I could have clarified my original post to refer specifically to shooting animals out of a moving boat, but I figured the folks around here were smart enough to take it in context of the conversation.

I'd take that to be hunting game species and might challenge "any" in court if given a citation.

Bottom line is it's not illegal to use lead shot on public waterways unless hunting migratory birds or on a national wildlife refuge, it's not illegal to discharge a firearm on a waterway and unless you're hunting - the regulation cited pertains to hunting, which is specifically stated in the header - it's not illegal to shoot a snake or animal from a moving vessel (except maybe in certain situations).


Crossman pellet rifles are OK, Dixie!

Reckless endangerment would cover that.

That covers most of your other smart assed asweres. :p

Reckless endangerment would cover that.

Reckless endangerment of what, or who?

If I'm in the middle of the stump flats at Wheeler Lake or working a ridge at Lake Jordan or in the bayou on the Delta and a big-azz snake comes around my boat, if I shoot it and no one else is around then I'm not endangering anyone.

If you're on Neely Henry back in Canoe Creek or Logan Martin around a bunch of houses in a cove and you whip out a 20-gauge to shoot a snake, then you might be endangering someone. Maybe. But even so, if there are no regulations prohibiting the discharge of firearms then the only thing someone could do is get their panties in a wad unless you shot toward a house, dock, other boat, etc.

Good grief. Second Amendment rights don't stop once you leave dry land.

But you can't go rideing around on a public water way on your souped up Jet Ski shooting a .457 up in the air like the "liquored up" cowboys at deadwood arizona did in the 1800's either.
Again your statement( (except maybe in certain situations), along with reckless "endangerment" covers most cases of stupidity.

WTH? .457? Must be new.

Turd is just being turd. No matter what you post or say or what regulation you prove him wrong with, he is going to try and find some way around it. He can't help it, it's the liberal in him. If I had to guess he would be the first to shoot a snake out of the boat with a gun and then turn right around and tell everyone on a public forum that they can't do it. Just my take.
Turd, if you don't like my opinion TS, we're even, cause I don't care for yours either.

It is absolutely illegal to shoot a snake, or any wild animal for that matter, from a moving vessel in Alabama.

I never said that it was always illegal to discharge a firearm on the water, just in certain cases.

As far as lead, I was wrong on that one.

Since y'all are just being arguementative and picking each other's posts apart with 'word games'.......

BB, you're wrong. NOTHING you, or anybody posted, prohibits shooting from a MOVING boat! Only if it is 'under power'.

Really not new at all. Googel ".457 Magnum" and you might learn something.
http://www.google.com/images?rlz=1T4GGLF...ved=0CCUQsAQwAA
http://www.baldwin-telecom.net/~vernand/bullets/457%20Caliber/457.htm

Hey puke, don't flatter yourself. You don't see me looking your post up to respond to. Your post are like you, completely irrelevent to me. :rolleyes:

Thanks for joining. Unfortunately, you are dead wrong. Now if forward progress has stopped, you are correct.

Word games? Not sure I am following how I am playing word games by posting the law. :rolleyes:

Actullay BHB Hogwild is correct. you can drift hunt squirrels or atleast you use to could.

The regulation says vessels must have forward progress ceased from a motor or sail propulsion, and vehicles must be stopped with the motor turned off.

But it does allow for drifting, if I read it correctly, along with paddling. So if you're drifting or paddling along for squirrels or ducks on a creek, you're OK.

THere are glitches to that as well Clem. You can't do it where the shore line is private property unless you have the property owners permission. Public Places where you can do it is like the mobile delta and other public land areas.

I spoke with a game warden, he said there was no law stopping you from doing this, no season on snakes so you are good there, the only stipulation would be a firearm on corp. of engineers property, which would then have to be unloaded at all times. LOOKOUT SNAKES!

You better check with another GW or even the local police if you intend to be doing some snake shooting in a portion of navigatable waterways that are with in the city limits of some city.
Other wise kill um all.

Yea, I could see where the city limits might be a factor, didnt think about that. He said as long as a person was not doing it for collection, then it was ok, NO collecting here!

BZzzzzzzz!!!! Wrong answer. If you are in your boat, it doesn't matter if the shoreline is private or public as long as you're at least 100 yards from a dwelling. The property owners do not own the water. If it's "navigable public waterways" you're just fine.

Ding Ding Ding we have a winner.Owner only owns the land at full pool all other land below full pool is AP

Foote, in your particular case, as long as you are past Morgan it will be OK. The river is in the city limits from where it ends on Dallas Ave to the other side of the bridge. If you step foot on the other side of the river however, you are out of the city limits.

It is illegal to discharge a firearm in the City limits.

Reckless Engangerment charges could also apply if it were shown that your actions created a substatial risk to someone else i.e. shooting towards them or an occupied residence. This is where common sense factors apply.

The Duck Hunters have it right

been a fun read

Thanks David, I will be way up or way down from Morgan! You heard about the breakins at the City Marina? Got 3 of us Sunday!

I hope that wasn't a law when we were kids. I killed my 3-5th turkeys in pretty darn close to that line and shot many of doves flying over the football field

I'm pretty sure it was but the statute of limitations has run out.

Somebody find a legal definition of "navigable public waterway" otherwise known as a "navigable waterway".

I've asked everyone I can find with a badge and nobody has ever been able to provide me with a definition that appears to be a legal definition.

The question is what about creeks that cross private property. Landowner owns both banks and the creek bottom. You can float the creek but where logjams are in the creek you have to get out and either drag across them or portage around them. Are you trespassing when you get out of the boat? The waterway isn't navigable when the boat won't float any more.

I apologize if I have hijacked this thread. I look forward to your responses.

P.S. To address the question at hand. Carry a gun in the boat if you so desire. Shoot snakes (with or without feet) if the need arises and deal with the consequences.

We were talking about drift hunting squirrels. If you shoot a squirrel and he falls on someone elses property you have to "trespass" on that persons property to recover him. Thats the glitch about drift hunting squirrels. :p

unless the skwerl is flying like a duck it would be illegal to shoot said skwerl w/o landowner permission. The tree is on someones property, so is the skwerl.

troy

unless the skwerl is flying like a duck it would be illegal to shoot said skwerl w/o landowner permission. The tree is on someones property, so is the skwerl.

Exactly.

So you'd be a dirty poacher along with a no-good trespasser.


Carry a gun in the boat if you so desire. Shoot snakes (with or without feet) if the need arises and deal with the consequences.

We will continue to do so, as has been done for a long time.

This really needs its own thread. I would like to get some "educated" opinions on this question. I was reading a thread from another state about flyfishing. The question gets even murkier when someone is wade fishing.

Agreed

And what would the consequences be? According to this thread and what I have been told, there would be NO consequences if I shot a snake from the boat.

Dam littlefoot, It would depend on where you was at when you shot him and your proximity to others at the time.
IF you were in the limits of a city that had a no shooting ordinance you could get a ticket for discharging a fire arm in the city limits.
If other people were in the area you could get a ticket for reckless endangerment.
No one around, not in city limits, fire away, killum all.

Defining navigable waters is a constant question for canoers and kayakers as well.

Here is some info from the American Whitewater Association:

http://www.americanwhitewater.org/content/Wiki/access:al

hold on, what if said skwerl is in a tree that hangs over the water, the skwerl is over the water and will land in it but the tree is on someone's property? Or, what if the tree's base goes into the water? Could I shoot the skwerl then

only if the roots are floating and not touching bottom

Owner's property stops at the water's edge unless otherwise given a permit.

Each waterway is different, TVA owns a lot of land around larger streams and the TN river. Mostly the land is flood plane.

Owner's property stops at the water's edge unless otherwise given a permit.

Unless the waterway is non-navigable, as defined by the laws.

Good link Clem. Most complete collection of information I've ever seen. Thanks

1) shooting a snake isn't hunting, it's personal/family defense.

2) even if it was hunting, there is no closed season on snakes.

3) if I am inside the city limits and fear for my family's safety I will shoot no matter whose land I am on or who is nearby.

4)common sense ain't so common anymore.

1) Shooting a snake is hunting as defined by the state of Alabama.

2) You are correct, but this is a moot point.

3) I am right there with you!

4) No it isn't.

so if you have a gun in the boat with the intent to shoot a snake, do you have to have a current hunting license in possession???

ya'll are cracking me up

Well, every one of you have missed the main point here.

It is 100% illegal to shoot a snake ANYWHERE in Alabama. Snakes are not legal game animals.

Most won't write a ticket for it but it's been done before.

My understanding is that it is only illegal to kill a snake in order to sell or trade. If you aren't making money off it (or getting anything of monetary value), you are good.

please tell an old dumbarse like me the applicable law/reg that states it is illegal to kill any snake in Alabama....

btw, cockroaches aren't game animals and are legal to shoot

troy

It is 100% illegal to shoot a snake ANYWHERE in Alabama. Snakes are not legal game animals.

Where does it say that?

It doesn't. There are protected species of snake in Alabama, but there is no law against the dispatching of non-protected snakes. There should be, but there isn't. Now Tennessee is a different story.

Bammer Protected Snakes

True, I was wrong. Thinking of Tennessee.

So, Tennessee bans the killing of some snakes but allows people to pick up roadkill to take home?

And they call Alabama or Mississippi bassakwards.