The town of Signal Mountain said residents couldn't discharge a firearm within town limits. The state said they could.
The town is now changing its ordinance prohibiting the discharge of firearms within town limits after discovering it contradicts state law.
State law preempts the entire field of the regulation of firearms - including use, purchase, sale, manufacture, possession and all other aspects of the field - meaning municipalities don't have the ability to regulate anything related to firearms.
While discharging a firearm within town limits is no longer prohibited, citizens are still subject to other laws. If someone shoots a firearm recklessly or shoots someone, he or she could be charged with reckless endangerment or assault. If someone shoots and damages another person's property, civil laws provide an avenue for that person to recoup those damages.
And, under the revised ordinance, citizens may only discharge a firearm for the purpose of hunting within town limits on private property, either their own or that they have permission to use, said Councilwoman Amy Speek.
The issue was initially raised in regards to the legality of shooting coyotes within town limits. During the discussion on whether to allow miniature goats on approved properties within the town, some citizens expressed concern that their presence would attract coyotes.
Town police officers said it was illegal to shoot the coyotes, as the town's ordinance prohibited discharging a firearm within town limits. Officials from the Tennessee Wildlife Resource Agency, however, said it was legal.
In 2010, an amendment to the Tennessee Constitution granted the Tennessee Fish & Wildlife Commission sole, exclusive authority over hunting, and the state says it's legal to hunt - coyotes included - with certain types of firearms.
Town Manager Boyd Veal asked Town Attorney Phil Noblett to look into the state law, and Veal reported to the council at its December 2018 work session that it does not have the authority to restrict the discharge of firearms.
State law also prohibits the town from passing noise ordinances related to the discharge of firearms, he said. The only places the town can restrict people from carrying firearms are Town Hall, the town's fire and police buildings, and the library, though the exclusion also applies to school functions held off-site, said Veal, as the state prohibits guns in schools.
Email Emily Crisman at ecrisman@timesfreepress.com.