Question for LEOs, Shotshells Legal?

[johnnyyukon]

So I know shotshells are legal, but more specifically, are they legal in my S&W .357 Magnum in a residential area to kill a snake? One of their primary uses.

I'm in Arkansas, have my CHCL (only mention cuz I AM licensed to walk around the neighborhood with a gun).

I can't seem to find an answer, but my thinking is that these things aren't exactly lethal to many critters, including humans, (even snakes sometimes!) PLUS if I come across a cottonmouth or rattler and fear for my life, I mean hell, wondering if even .357 cartridge would be legal in that situation?



And this isn't really a discussion on the effectiveness of shotshells, cuz god knows that's another debate.

Thanks!

[Hambo]

So I know shotshells are legal, but more specifically, are they legal in my S&W .357 Magnum in a residential area to kill a snake?

That's a local question. The county I live in has everything from urban area to cattle ranches. Out in the rural ranch areas you can shoot whatever you want, whenever you want, at whatever you want as long as you aren't violating hunting regs. In the two cities, and even in the built up areas in the unincorporated county, shooting is a no-go.

The only way for you to know is to check your local ordinances.

[willie]

Where I live in Texas, shooting a BB gun in the city is a violation. Shooting a poisonous snake in the city on one's own property with a handgun probably would not get one arrested but the probably would depend on the officer. I live in a rural area. I would hesitate to do this in Houston or Dallas.

[Rex G]

First, let’s get this out of the way. LEOs should only give legal advice if they are also lawyers, and this section of the forum is not really a place to ask legal questions.

On the posted topic: Most municipalities have ordinances against discharging firearms and air guns within corporate limits. Justifiable self-defense against a snake would be a “defense,” if prosecution resulted, but notice that I did not say “affirmative defense.” There is a difference.

My take: I live in a region where aggressive water mocassins are relatively common, and live-and-let-live copperheads even more common, and have never felt a need to harm one in self-defense. On some few occasions, I have loaded an Airweight revolver with .38 Special shot loads, or a K-Frame .22 LR Model 17-4 with .22 shot loads, but a “snake stick” makes more sense. A snake stick is for probing the grass and terrain, or moving a lazy snake out of the way, not beating snakes to death. Most snakes will move away, voluntarily, if given enough notice. A water mocassin can be a mean ol’ cuss, so best to detour around them.

I generally refer to handguns shot loads as “rat shot,” and have used them for that purpose, where legal.

[Erick Gelhaus]

As Rex G said, please go ask a competent legal professional in your immediate area.

[johnnyyukon]

Thanks for all your answers and @Rex G was right about Cops≠Lawyers (unless of course they are).

So who would I actually call to ask this question? I mean I suppose if I called the non-emergency cop line, they could tell me. and I know I just agreed cops aren't making the laws, but I'm guessing could be a start AND whether you get fined or worse depends on the officer.

Actually I did some research and it's technically illegal to kill pretty much ANY snake here, including a cottonmouth unless it poses a reasonable threat. I used to be an adventure counselor and we'd take kids out in big van to kayak, hike, swim, etc. fun summer. But we were at this waterfall/little natural water slide and these dudes had killed a rattlesnake with some rocks and with all the kids around, I thought it wasn't necessarily a bad idea.

I'm not trying to go snake hunting, in fact I spent freaking 45 minutes freeing a Blue Racer that got stuck in some of that mesh that keeps dirt from sliding (had come loose), some pics, short vid him biting.....this mesh was dug into him like an Alabama tick, yo....

[TheRoland]

I mean I suppose if I called the non-emergency cop line, they could tell me.

To really really drive home what people are trying to get across, cops are not lawyers. Calling the non-emergency line is the same as asking random people on the street, because that's who you're going to get as 911 operators, even if that random person is a dedicated professional or is a sworn officer, too (which usually they are not).

If you are doing something that you perceive as legally risky, there is no law-enforcement resource available to the unconnected general public that you can ask for free legal interpretation. There just isn't. Sorry. You seem to understand this in the follow-up sentences you wrote.

You would call a criminal lawyer admitted to practice in your area? The bar association tends to make referrals if you don't know any.

Actually I did some research and it's technically illegal to kill pretty much ANY snake here, including a cottonmouth unless it poses a reasonable threat.

Then it sounds like you've found the answer to your question?

[johnnyyukon]

To really really drive home what people are trying to get across, cops are not lawyers. Calling the non-emergency line is the same as asking random people on the street, because that's who you're going to get as 911 operators, even if that random person is a dedicated professional or is a sworn officer, too (which usually they are not).

If you are doing something that you perceive as legally risky, there is no law-enforcement resource available to the unconnected general public that you can ask for free legal interpretation. There just isn't. Sorry. You seem to understand this in the follow-up sentences you wrote.

You would call a criminal lawyer admitted to practice in your area? The bar association tends to make referrals if you don't know any.



Then it sounds like you've found the answer to your question?

ya. sho did.