shooting inside the city limits

[uncle-buck]

Thank you, gentlemen. Will keep you posted as progress is made.

[uncle-buck]

FYI, the local police chief apparently decided not to contact the AG's office on this. His position is that my undivided interest in the property isn't large enough to meet the buffer requirements under Chapter 229.

My position (and the law) is that an undivided interest gives the owner/co-tenant the undisputed right to use, occupy, and enjoy the entire tract (118 acres in this instance).

I have retained counsel and plan to litigate this matter. We must stand up to the anti-gunners when the law is on our side.

Financial contributions of any amount would be most welcome and appreciated.

[Renegade]

Originally Posted by uncle-buck

FYI, the local police chief apparently decided not to contact the AG's office on this. His position is that my undivided interest in the property isn't large enough to meet the buffer requirements under Chapter 229.

My position (and the law) is that an undivided interest gives the owner/co-tenant the undisputed right to use, occupy, and enjoy the entire tract (118 acres in this instance).

I have retained counsel and plan to litigate this matter. We must stand up to the anti-gunners when the law is on our side.

Financial contributions of any amount would be most welcome and appreciated.

I would shoot on it and litigate if I get arrested (well actually that is what I do just about every day). Odds are they know they are wrong and will do nothing.

I do not see how suing them for enforcing a law that does not exist that they have not enforced yet works.

[uncle-buck]

Renegade, I believe you are correct. The strategy is to shoot, get cited, defend the citation in municipal court and if necessary, appeal to county court - and win. My counsel is a top-notch real estate attorney who knows property rights.

I'm also in discussions with a former prosecutor (now defense attorney) to defend any citation that may be issued. The city code treats the purported violation as a Class B misdemeanor for disorderly conduct with a maximum fine of $2,000.

I've been reluctant to go this route, but can't live with the thought of letting the little tyrants get away with stealing my rights. If they do it to me, they'll do it to you - and everyone else they feel they can intimidate. Someone must put a stop to it.

[treyw]

"TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY


CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES


Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor."

Penal Code definition of a "Public Place"

"(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops."

Not sure how they could charge you with the Class B Disorderly Conduct? Do you allow the general public easy access to the tract of land? Also, how many people are listed in the city's population? If it's over 100,000 you'd be subject to PC 42.12, but the arresting officer would have to prove that your actions were reckless in nature before he fufilled the elements of the offense.

"Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm."

[uncle-buck]

No, the public isn't allowed on the land which is located in a town of about 35,000. They can charge me with whatever they want and let a judge or jury decide my innocence.

[thorkyl]

I would get the ticket then fight.
Just have a voice recorder with you when you explain to the LEO and read the statute to them.

[uncle-buck]

That's the plan, thorkyl. I had quite an extensive email exchange with the local police chief as well as more limited exchanges with the city attorney and an assistant to the city manager. They feel this matter needs to be decided in municipal court.

Personally, I feel the law is quite clear and that going to municipal court is a waste of time and money (especially my money). As the saying goes, freedom isn't free.

[Wolfwood]

good job!
make it happen and keep us posted ont eh outcome.

[TSU45]

Is the 118ac platted with the county as one property or have yall subdivided it?