shooting inside the city limits

[uncle-buck]

As many of you are probably aware, in 2005, the Texas Local Government Code was amended to allow the discharge of firearms on certain lands inside the city limits under specific conditions. (see Section 229.002)

If the land was annexed after 1981: it's legal to shoot shotguns on tracts of 10 acres or more provided you are more than 150 feet from a residence or occupied building. Rifles and pistols are OK on tracts of 50 acres or more provided you are more than 300 feet from a residence or occupied building.

Shooting must be done in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

I own an interest in a tract of land that qualifies, but the local police department has threatened to cite me if I exercise my right under state law to discharge firearms on the property.

Any ideas on how to proceed under the circumstances? I know I can hire an attorney, which I may do at some point. But I would prefer to conserve my financial resources, if possible.

Thank you for any feedback or ideas.

[cuate]

Originally Posted by uncle-buck

As many of you are probably aware, in 2005, the Texas Local Government Code was amended to allow the discharge of firearms on certain lands inside the city limits under specific conditions. (see Section 229.002)

If the land was annexed after 1981: it's legal to shoot shotguns on tracts of 10 acres or more provided you are more than 150 feet from a residence or occupied building. Rifles and pistols are OK on tracts of 50 acres or more provided you are more than 300 feet from a residence or occupied building.

Shooting must be done in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

I own an interest in a tract of land that qualifies, but the local police department has threatened to cite me if I exercise my right under state law to discharge firearms on the property.

Any ideas on how to proceed under the circumstances? I know I can hire an attorney, which I may do at some point. But I would prefer to conserve my financial resources, if possible.

Thank you for any feedback or ideas.

There isn't but one way to find out and that is a test case which will be expensive, will likely result in your arrest, being fined, perhaps jailed briefly, hiring a lawyer, a court battle which you will likely win and spending lots of hard earned dollars.....

Sometimes Freedom is just another word when dealing with the few LEOs
that believe that the badge gives GODLike authority.

[uncle-buck]

The local chief of police has indicated he will seek an opinion from the AG's office and I believe that he will. Whatever his personal views on the matter are, he probably has some influential locals who have asked him to try and stall or stop me. I don't blame the guy for wanting to hang onto his job.

[txinvestigator]

..........

Texas Local Government Code
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:
(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
(A) on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any caliber discharged:
(A) on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract

Have you researched the city code there? Even if you are cited, it sould be a class C citation that should be easy to fight in court. If you lost at the municipal court level, you could appeal to the county courts and be re-tried, as MCs are not a court of record.

[Renegade]

The law was changed on September 1, I think you need to be 100% certain you are legal, as what you are quoting may not be correct depending upon where you live.

Just out of curiosity, how do the Police even know what you plan to do?

[txinvestigator]

Originally Posted by Renegade

The law was changed on September 1,

"the" law changed, as in that specific section, or some laws changed?

[uncle-buck]

The law was amended this year (as Section 229.003) to provide larger buffer zones in certain areas of the state, but it doesn't apply to my area.

I am not inclined to get cited first and then stand trial. I would prefer to settle the matter in advance - or simply sue the city if they indicate an unwillingness to follow the law.

The police know what I plan to do because I went out last weekend, shot on the property, and had a nice chat with them when they paid a visit. I cited the law (which they were unaware of) and they agreed not to cite me if I would agree to refrain from further shooting until they could consult with the city attorney.

[TexasRedneck]

Originally Posted by uncle-buck

and they agreed not to cite me if I would agree to refrain from further shooting until they could consult with the city attorney.

I'd say reasonable restraint was exhibitted on all sides. Once they've completed their research and presuming they find you're correct, then it would sound like they'll be okay w/it. I'd say everyone's being reasonable.

[biglucky]

Originally Posted by uncle-buck

The law was amended this year (as Section 229.003) to provide larger buffer zones in certain areas of the state, but it doesn't apply to my area.

I am not inclined to get cited first and then stand trial. I would prefer to settle the matter in advance - or simply sue the city if they indicate an unwillingness to follow the law.

The police know what I plan to do because I went out last weekend, shot on the property, and had a nice chat with them when they paid a visit. I cited the law (which they were unaware of) and they agreed not to cite me if I would agree to refrain from further shooting until they could consult with the city attorney.

TBPH I think you are following the exact right path right here.. Kudos for standing up for your rights..

[armadillo]

Did you state senator or representative support the original bill? If so, a letter to them might get some action.