Legal Hunting Distances from a Residence

BrewMonkey

Senior Member
Does anyone know how far you need to be from a house or residence to legally hunt with a rifle? I know you have to be 50 ft from a paved road. I live in rural Cherokee county in a neighborhood, and all the houses are far apart.
 

BrewMonkey

Senior Member
Nevermind. Just spoke with the Cherokee County Marshal's office and there is no ordinance. The only restriction is to be 50 yards from a public road, which is in the CCGA (criminal code of Georgia).:biggrin3:
 

whitworth

Senior Member
"Just spoke with the Cherokee County Marshal's office and there is no ordinance."

What about sub-division covenants? Which are sometimes more restrictive than county ordinances.
 

Jim Baker

Moderator
Staff member
This is a question maybe one of the attorneys can answer.

The regulation guide states it is illegal to discharge a firearm within 50 yards of a public road. This is contained in OCGA 16-11-103.

Do local ordinances overide this state regulation?
 

JerryC

Senior Member
This is a question maybe one of the attorneys can answer.

The regulation guide states it is illegal to discharge a firearm within 50 yards of a public road. This is contained in OCGA 16-11-103.

Do local ordinances overide this state regulation?
I'm no attorney, but the more restrictive one is the one you need to abide by. For instance if OCGA says 50 yards minimum from the road and your city or county says 100 yards, then 100 yards it is. I seem to remember hearing from one LEO that Cherokee (or maybe it was just Canton) had restrictions on when you could fire a rifle. Seems like it was 10 am - sunset or something like that, which is more restrictive than the legal hunting hours of 30 minutes before and 30 minutes after sunrise/sunset. -JerryC
 
Do local ordinances overide this state regulation?

That is an excellent question, and one to which there is no definitive answer at this time.

In a theoretical sense, probably not.

In a practical sense, you would have to be willing to spend the money on attorney's fees to find out for sure.

I can offer these couple of anecdotes.

A few years ago Gwinnett County wanted to shut down an American Legion (or VFW ) turkey shoot, on the premise that it violated the county ordinance by being too near some newly installed housing. The shoot sponsor made it clear that it would challenge any effort to do so. The county attorney decided that the county ordinance was unenforceable in the light of state law.

Likewise over the last few years, there have been one government or another that has proposed regulating some aspect of hunting. The state attorney general has headed off such efforts by sending the government a letter reminding them that hunting is regulated by the state.
 

jason8047

Senior Member
I was wondering how far you have to be from a house if you are hunting on public land? I hunt a spot of NF land that is a great little spot but where I hunt is close to the line(about 20 yds). I went in there today and there's a new house built just a few yrds on the other side of the line where I used to hunt. I walked over about 100 more yds from where I usually sit because even though my back would be to the house I think it wouldnt be but about 40 yds from me n I just dont feel comfortable that close.
 

Jhunt

Banned
I know here in Gwinnett we must be 500 ft from the road or home to hunt with a gun!!

You would be very wrong there. In Gwinnett it is 50 yards from a public road. The 500 ft ordinance was struck down by the State Supreme Court years ago as unconstitutional.
 

Jhunt

Banned
What about sub-division covenants? Which are sometimes more restrictive than county ordinances.

Covenants are only enforceable by the Homeowner's Association. Very few have the money to take you to court over such and those have very few deer hunters anyway.
 

Jhunt

Banned
The regulation guide states it is illegal to discharge a firearm within 50 yards of a public road. This is contained in OCGA 16-11-103.

Do local ordinances overide this state regulation?

Only the DNR is allowed to govern hunting regulations. The answer is no in unincorporated areas. Incorporated areas (cities) are different as they operate as corporations.
 
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