Chesterfield bans air rifles in fight against squirrels

The City of Chesterfield has dealt a victory to squirrels — and a blow to those who believe using pellet guns is the best way to keep the bushy-tailed rodents from damaging their property. On Feb. 6, the City Council voted to amend Chesterfield’s existing ordinance prohibiting the use of firearms within 150 yards of a home to include language making it illegal to shoot “squirrels, rodents, birds or other small animals.”

The vote came after months of debate triggered by the use of an air rifle by Chesterfield resident, Gene Schenberg, to kill squirrels that he said had caused extensive damage to his home. Schenberg argued that he was within his constitutional rights to protect his property. The city argued that restricting the use of pellet guns is a matter of public safety that it has the authority to regulate.

City Attorney Rob Heggie called Chesterfield’s amended ordinance “expansive” and compared it to several other municipalities with more restrictive ordinances, including Ballwin, Clarkson Valley and Creve Coeur. Heggie only cited one nearby city, Manchester, which has a more permissive ordinance. Heggie called the amendment “a very limited, common sense solution to a problem that has been identified not only by our police department but also by the prosecuting attorney’s office.”

Mayor Bruce Geiger described how he and Chesterfield Police Chief Ray Johnson recently visited a shooting range to test the impact of a pellet gun, a blow-dart gun and a 22-caliber rifle. Geiger invited Chief Johnson to show the audience a ¾-inch yellow pine board that pellets had completely shot through from a range of 40 feet and penetrated about two-thirds of the way through from a range of 60 feet.

“Think what that could do to a person,” said Geiger.

Several residents voiced their opinions regarding the proposed amendment. Schenberg’s neighbor, Gary Stein, was among the supporters. Before speaking, Stein handed the council a petition, signed by 130 Chesterfield residents, supporting the proposed amendment.

“Mr. Schenberg and his supporters are attempting to reinterpret the Constitution. The right to bear arms is referring to protecting oneself from humans — not squirrels, rodents or small birds or small animals,” said Stein.

Stein’s wife, Becki, also spoke in favor of the bill.

“Please pass this amendment so people can enjoy their backyards without having to worry about getting hit by a stray pellet,” she said.

“Who’s going to take responsibility in Chesterfield when somebody does get hurt?” Chesterfield resident Terry Monachella asked the council.

Chesterfield resident Mark Lebedun showed the audience a live trap he used to take care of a squirrel problem on his property.

“I don’t know why anybody needs to discharge a firearm of any kind to kill squirrels,” he said.

Schenberg reiterated his opposition to the amendment. He argued that pellet guns had caused “no specific crimes and no specific damages, and with the exception of a few complaints and some irrational fear of guns,” the council had “absolutely no reason to take away our constitutional rights.”

When Schenberg expressed his views that the legislation was “personal,” Councilmember Connie Fults (Ward 4) said the legislation was “not a personal attack.”

“It is about what we are going to do to protect all the residents in Chesterfield,” said Fults.

Chesterfield resident, Paula Mogley, said that she didn’t see public safety as the issue.

“To me, personally, it’s a constitutional right issue,” said Mogley.

Mogley said she grew up in a small town where “people were allowed to defend their homes.”

“People used common sense, and I think that’s part of what’s missing in this equation this evening,” she said.

Robin Harris, treasurer of the Monarch Fire Protection District, also spoke in opposition to the amended ordinance. He argued that many methods of pest control, including traps and poison, pose a threat to pets and children — and can be expensive and ineffective.

“The simplest, and often safest, method of wild animal control for the homeowner to use is typically an air rifle,” said Harris.

The motion to amend the existing ordinance passed 6-2. Councilman Barry Flachsbart (Ward 1) and Councilman Bob Nation (Ward 4) voted in opposition to the amendment.