Allen Municipal Gun Regulation

[Ralph_Kirk]

I'm licensed to carry, living in Dallas County. Currently considering a move, my wife has found a house she likes in Allen. She looks at the house, I look at what liberties we'll have living in the house, including HOA regulations (basically, anyone who cares about liberties will be anti-HOA anyway), zoning ordinances, et cetera.

The Allen municipal code says this:

Sec. 10-1. - Firearms.
(a)

It shall be unlawful for any person to fire or shoot or cause to be fired or shot any firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designated for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition, or to fire, shoot, discharge or cause to be fired, shot or discharged any air rifle, air pistol or pellet gun of any description, by whatever name known, that is capable of discharging a pellet or any solid object by means of compressed air, gas, springs or other means, within the corporate limits of the city.

(b)

This section shall not apply:

(1)

To police officers while in the performance of their official duties.

(2)

Where a special permit has been obtained from the city. To secure such special permit, application must be made in writing to the chief of police, describing in detail the request of the applicant. Upon receipt of such request, the chief of police shall investigate said application. If the application is approved by the chief of police, he shall forthwith send to the applicant a letter setting forth the requirements or restrictions under which the permit will be granted. Should said application be disapproved, the chief of police shall also notify the applicant by letter. The applicant may appeal such ruling of the chief of police to the city council within two (2) weeks from the date of receipt of such notice.

The Allen code references this state code:

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.

So, I'm confused. Apparently the state Attorney General has confirmed the right of municipalities to regulate the discharge of firearms, but the Allen code doesn't provide any self-defense exceptions, not even on one's own property or within one's own home.

 

[diesel1959]

Allen is NOT preventing you from exercising your right to defense of self or defense of others. Not even a little.

 

[jrbfishn]

Most cities have a similar ordinance. They can NOT stop you from protecting yourself. I have never heard of anyone being prosecurted for discharging a firearm when legally used for self defense.

sent by an idjit coffeeholic

 

[Southpaw]

Most cities have a similar ordinance. They can NOT stop you from protecting yourself. I have never heard of anyone being prosecurted for discharging a firearm when legally used for self defense.

sent by an idjit coffeeholic

This^^

 

[EscapedFromNY]

42.12 a) specifies discharging "recklessly". Doesn't mean that a discharge for self-defense is absolutely excepted, but this would seem to differentiate.

I'm not a lawyer. This is not legal advice. Blah blah blah...

Sent from my SM-G950U using Tapatalk

 

[oohrah]

My city says essentially the same thing. I agree with jrbfishn.

 

[easy rider]

Glad I live outside of any city limits.

 

[motorcarman]

Screw cities................ I like rural

bob

 

[Armybrat]

Glad I live outside of any city limits.

Same here.

 

[Charlie]

Effem!

 

[General Zod]

Yeah, that's the typical wording. They don't want dumbasses setting up ranges in their postage stamp back yards ("sure it's safe, we got a privacy fence to stop the bullets..."), or shooting into the air for New Year's. Self defense is not prohibited.

 

[dsgrey]

Useless trivia but Allen probably added that language back in the late 1980's after complaints and with the shutdown of the old Texas Instruments gun club. The current Bethany Lakes Park is the site of the old gun club. Once builders bought farmland around the club, residents complained about finding bullets in the yards or in the walls of their homes. TI closed the club but since the soil was full of lead, they donated the land to the city with the understanding Allen would clean/replace the soil thus why you have a park now.

Allen was a two-light town at that time and only known for the "scandalous" behavior of actress Julie McCullough back then. At least you don't have to order your landline phone service from the fabric department of the Bealls department store in McKinney now. I was a resident from 1986-1998.