shooting inside the city limits

[uncle-buck]

There are separate property tax accounts for the various undivided interest owners/co-tenants, but it has not been subdivided or partitioned.

[thorkyl]

I gave myself a headache reading the statutes last night and I could not find anything pertaining to the "interest" of the person doing the shooting.

If your on a 118 acre tract, you and I can go shooting on it so long as we have permission from the owner of the property which would be you.

Again, I found no reference that said you had to be the owner of the land you are shooting on.

This is a critical item since it could preclude your kids from shooting on the land since they are not an "owner"

[uncle-buck]

thorkyl, I agree with you. In fact, the legislative director for the local state rep. used a similar example. We don't need permission from 100% of the ownership to shoot on the property - we just need permission from one owner.

BTW, the city in this case is located in Brazoria, Galveston, and Harris counties and the property is located in Harris County. What part of Brazoria County are you in?

[thorkyl]

Originally Posted by uncle-buck

thorkyl,
BTW, the city in this case is located in Brazoria, Galveston, and Harris counties and the property is located in Harris County. What part of Brazoria County are you in?

Sounds like your smack dab in league city, and we know how much of a bunch of libtards they are.

I am just outside of Alvin by 3 miles.
I fear the same kind of thing happening to me as Alvin starts expanding my way.

[uncle-buck]

The property is actually in Friendswood, thorkyl. I don't have anything against anyone there. I just want to be able to use and enjoy my property - and being able to take my children plinking "in the country" is important to me.

[thorkyl]

Well, keep me posted on this.
I was unaware that FW crossed all 3 counties.

If you need any help with the battle let me know

[uncle-buck]

Thanks, thorkyl. I appreciate your offer of assistance and need all the help I can get. How do you see yourself helping in a situation like this?

[thorkyl]

I have limited funds but can throw some to the legal fund.
I am also willing to go stand in court with you as needed

My fiance would kill me if I did a direct challenge (e.g. got a ticket)


Is the land agriculture or timber?
How long has it been used as a shooting area?
Prior to the annexation? this could be key...

SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION

CHAPTER 43. MUNICIPAL ANNEXATION
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 43.002. CONTINUATION OF LAND USE. (a) A municipality may not, after annexing an area, prohibit a person from:

(1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or

(d) A regulation relating to the discharge of firearms or other weapons is subject to the restrictions in Section 229.002.


Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is...


50 acres for for rim fire or center fire pistol and rifle
10 acres for everything else


It almost sounds like the city is basing their decision on the "tax account"/"interest" size of the land.

Your argument IMO would be that the tax account does not define the property only defines a taxable portion of the land, the survey defines the property boundary and it shows 118 acres.

They may also be playing the game of "you have less than 50 acres in xyz county"

Let me know what I can do...

[uncle-buck]

I appreciate that very much, thorkyl.

The land is under ag. exemption and has been for many, many years. I've only used it for shooting once, last month. Don't think that matters though.

And yes, the city is basing its position on the tax account. The police chief made that clear in a series of emails.

I've discussed this matter with my real estate lawyer and a criminal defense lawyer. And I plan to talk with some other defense lawyers. I want a good one who is pro-property rights, pro-Second Amendment, and has experience handling appeals cases, just in case the muni. court finds in favor of the city.

So, I will PM you when everything is ready to go. Perhaps you can watch from the road adjacent to the property and serve as videographer in documenting everything :)