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Hello,

I’ve been reading this forum for a long time, and you guys have been lots of help.

I have a legal question, I was talking with some co-workers today and they said they are going after work to shoot some birds with a pellet rifle cause they keep crapping on their cars. This is in the Houston area so its not like out in the country somewhere. My question is can they get into any legal trouble? They sit in their truck with the sunroof open shooting birds. There has to be some law about discharging an air rifle out of your vehicle. Or "hunting" birds even if they are just crows....not to mention if they happen to hit some endangered species.

Thanks.

Doesn't even have to be endangered, just a "migratory non-game species" (which is almost all non-game birds).

I know a case in Louisiana, where a group of fellows were informally shooting trap on a farm. A couple of barn swallows (common as flies) flew in, and one of the fellows popped them. The game warden was watching through binoculars, and swooped in to bust them. Two counts of killing a migratory non-game bird, $5,000 per offense, total ten grand and forfeiture of an expensive shotgun.

That was an example of a butthead game warden and a rigid judge, but such things can happen.

Kevin

Thats what they make car washes and car covers for...

KBCraig wrote:Doesn't even have to be endangered, just a "migratory non-game species" (which is almost all non-game birds).

I know a case in Louisiana, where a group of fellows were informally shooting trap on a farm. A couple of barn swallows (common as flies) flew in, and one of the fellows popped them. The game warden was watching through binoculars, and swooped in to bust them. Two counts of killing a migratory non-game bird, $5,000 per offense, total ten grand and forfeiture of an expensive shotgun.

That was an example of a butthead game warden and a rigid judge, but such things can happen.

Kevin

About a hundred years ago my friend Mike, and I, and a couple of guys I didn't know very well were shooting .22LR at 100 yards on our local range. I was the only one being moderately successful because I was using a target rifle while the others were using a variety of "sporter" .22s.

We were joking back and forth about each others' skills and such, and bantering with a range officer that was watching us less than avidly.

Suddenly a small flock of birds flew into the range area, and one of the guys decided to take a shot at one. He nailed it, and it became the prime piece of evidence against him after the range officer not only threw him off the range and set him up for termination from membership from the club, he also arrested him - the range officer happened to be a game warden.

Funny thing was that there was a bird perched on the target stand in my lane, and I briefly considered shooting at it, but had just decided against it when all of the excitement started.

I am a hunter, but it's against my personal ethical philosophy to kill a bird that way. Maybe reading "To Kill A Mockingbird" an an effect or something. OTOH, I don't mind shooting woodchucks or prairie dogs.

Not saying its right or wrong... but, from the 2005-2006 TPW outdoor annual:

Page 72. Unprotected birds: The only birds not protected by any state or federal law are European starlings, English sparrows, feral rock doves (common pigeon), and Eurasian collared doves; these species may be killed at any time, their nests destroyed...........(end quote).

Then it goes on to mention a few other species (crows, grackles, etc) that can be dispatched if causing depredation, or concentrated in numbers, or in a manner that would constitute a health hazard or "other nuisance".

From page 55. Means and Methods: Non-game animals (non-protected).
Any lawful firearm, pellet gun, or other air gun is legal.


"flintknappers comments": Of course, there are ordinances prohibiting the discharging of a firearm within the city limits, an air rifle may be different, I don't know.

Depending upon what kind of birds they were shooting, for what reasons, and under what circumstances....they may have been within the legal boundaries. Does it "make good sense"? Well, I'll leave that up to each person to decide.

Personally.. (even as much as I like to hunt) , I'd just go to the car wash.

Those illegal Robins my boys shot sure did taste good. Couldn't tell the difference when they were on the platter next to the doves.

The wife commented on how good the doves were. The look on her face was priceless when my youngest said "Those aren't doves, Mom, They're Robins!"

I guess my lesson to them to only kill what they were going to eat and clean what they kill was wrong using migratory birds. The Robins were a nuisance messing on my truck, though.