Pellet Gun Law Draws Debate In Chesterfield

Chesterfield's City Council heard threats about lawsuits Wednesday night in a debate over a proposed ordinance to ban shooting pellet guns—or other such projectiles—at small animals, within 150 yards of a dwelling.

The council took public comment over the proposal, and delayed voting on the measure until the next meeting, in order to mull it over, the mayor indicated.

"That way, you'll have two weeks to look at it," Chesterfield Mayor Bruce Geiger told councilmembers in a meeting before the regular meeting.

Vote here over what you think should be the law.

Many speakers before the council cited the Second Amendment to the U.S. Constitution and the right to bear arms.

But more cited the Missouri Constitution, saying it allowed individuals to protect their property, and firing a pellet gun in a subdivision with quarter-acre sized lots was part of that right.

Chief attorney for litigation David Roland with Freedom Center of Missouri, said a city was bringing a court challenge upon itself if its elected officials tried to legislate the use of firearms to protect property. Roland said the Missouri Constitution provided greater rights on protecting property, than does the U.S. Constitution.

City Attorney Robert Heggie said no, the proposed ordinance in no way stepped into the constitutional realm, and he showed there was no case law to back up Roland's assertion.

The existing city ordinance already bans firing guns—except in firing ranges, police work, military ceremonies and similar situations.

The apparently controversial city amendment would further narrow the window of why or when guns may be fired in Chesterfield—specifically, not "to protect crops or other property." Another part of the proposal would ban shooting at squirrels, birds, rodents and other small animals. Property larger than 10 acres would be exempt.

A former Chesterfield councilman from Ward 1, Gene Schenberg, is at the center of the controversy, after a neighbor complained Schenberg was killing squirrels with a pellet gun. Schenberg said he first used a dart gun, but switched to pellet when the unidentified neighbor told Schenberg he found a wayward dart in his yard.

A number of citizens speaking before the council said the issue could be settled using common sense, and neighborly behavior.

"Ideally the city wouldn't have to regulate this," City Attorney Heggie said, ". . . if neighbors would know better. But we've seen it's not the case."

And other residents said the city was taking on a feud among several residents, and elevating it to city law. A number of incidents occured in the city, according to Councilmembers Matt Segal and Randy Logan.

One unidentified man jumped up from the audience and hollered: "The law makes no sense. The law makes no sense. It makes no sense. Can someone explain why the law we have now isn't enforced?"

Mayor Geiger told him he was out of order and wrong timing, and gestured to sit.

The next council meeting is February 6, when the mayor said it would vote over the proposed changes.