Shooting On Your Own Property

[AndrewGS]

Yesterday my great aunt had a family get-together at her house in Huffman, which is in Harris County and within Houston city limits. The whole family are gun enthusiasts and we took turns with the BB rifle and some targets. We had a great time and got to thinking, if only we could bring in some dirt for a backstop we could shoot our real guns at something other than a paper target, shoot by ourselves and do it for less than $16 an hour.

Her property is only 1.25 acres in a rural neighborhood, so the consensus was that it's illegal to do so, but I was hoping that someone could share their knowledge with me on such issues.

 

[mkburden]

If I remember correctly the minimum was 10 acres and out of city limits. Someone with more knowledge will undoubtably chime in though.

 

[Sugar Land]

I am trying to find out that answer also. I want to rent a house outside Sugar Land but don't know the rules.

 

[Acera]

I think since you are within the city limits, you will have to jump through all the hoops to become a legitimate shooting range. (aka Shooting Gallery)

Sec. 5-136. - Required.

It shall be unlawful for a person to establish, maintain or operate, within the corporate limits of the city, a skeet club or shooting gallery without having first secured a license to do so from the chief of police. Such license shall not be issued by the chief of police unless the person applying therefor has secured a certificate of occupancy from the building inspection division authorizing the occupancy of the premises for purposes of operating a skeet club or shooting gallery. Provided, however, this article governing the construction, licensing, use and occupancy of skeet clubs and shooting galleries shall not be applicable to any such installations which are constructed, operated and supervised in accordance with U. S. Army or Reserve Officers Training Corps regulations by school districts, colleges or universities.
​

So if you want to do it, you will have to follow a legitimate and approved plan of construction (not just a pile of dirt), proper insurance, etc.

In a word, a heck of a lot more money than you will spend going to a range if you want to keep it private and not as a profit making business.

Probably a lot cheaper for all your family to join in, get 10+ (or after reading other posts, 50+ for rifle/pistol ) acres of rural land and build something on that land and not worry about city ordances.

 

[ChunkyMonkey]

I think you'll have the issue with firing a weapon within the municipality. As far as the acreage required, I dont think It's a state wide number, rather regulated by each county.

 

[Acera]

Also, check out provision #3 , if you did jump through the hoops, and someone had a beer, you could lose your license.

Sec. 5-148. - Suspension or revocation.

(a) Any license issued under this division may be revoked on any of the following grounds:


(1) Violation of any of the provisions of this article or any rules and regulations either now or hereafter adopted pursuant hereto, or of any laws of the state.


(2) Permitting, aiding or abetting the commission of any illegal act in or on the licensed premises.


(3) Selling or permitting the consumption of alcoholic beverages on the licensed premises.


(4) Permitting any person under the influence of alcoholic beverages to use the facilities of the club or gallery.


(5) Acts, conduct or practices detrimental to the health, safety or welfare of any person in the city.

(b) Such revocation shall be subject to the same procedures specified in subsections (b) through (h) of section 5-85, as applicable to revocation of dance hall permits.

 

[Mexican_Hippie]

There's some provisions that are dictated by the state, enacted in 2005, to prevent municipalities from restricting shooting too much.

The state says(in a nutshell) greater than 10 acres you can shoot shotguns, airguns and bow/arrow. Greater than 50 acres then you get to shoot .22s and centerfire rifles/pistols.

Theres more details, and the land has to be extra-territorial, annexed after Sep 1981 by the city.

Here's the text if you want to wade through it:
79(R) SB 734 - Enrolled version - Bill Text

Here's where Fort Worth ammended their city ordinance to accommodate it, as an example:
http://fortworthtexas.gov/uploadedF..._Council/Official_Documents/16641-10-2005.pdf

 

[txinvestigator]

I think since you are within the city limits, you will have to jump through all the hoops to become a legitimate shooting range. (aka Shooting Gallery)



So if you want to do it, you will have to follow a legitimate and approved plan of construction (not just a pile of dirt), proper insurance, etc.

In a word, a heck of a lot more money than you will spend going to a range if you want to keep it private and not as a profit making business.

Probably a lot cheaper for all your family to join in, get 10+ acres of rural land and build something on that land and not worry about city ordances.

please cite the source of that law.

 

[Glockster69]

Build an underground range ... keep u mouth shut and no one will ever know

 

[Acera]

please cite the source of that law.

I guess I should have been a bit more specific. Since he stated he was interested in a piece of property in the City of Houston, I cited their municipal code, clearly listed in the post, but mysteriously left out of your quote. But to save you some searching....................

Click on the link below, the put in 5-136 in the search box, select the top most listing when the search is done. Easy enough???
Municode

 

[Mexican_Hippie]

Build an underground range ... keep u mouth shut and no one will ever know

I know. I wish I had a basement. Basement + sound suppresion/suppresor = perfect opportunity for indoor range.

As it is, my older kids and I shoot targets with a pellet gun in the garage (have a pellet gun trap). We're a bunch of rebels

 

[txinvestigator]

I guess I should have been a bit more specific. Since he stated he was interested in a piece of property in the City of Houston, I cited their municipal code, clearly listed in the post, but mysteriously left out of your quote. But to save you some searching....................

Click on the link below, the put in 5-136 in the search box, select the top most listing when the search is done. Easy enough???
Municode

I know where the city code is. You mentioned ordances [sic], but you were not clear that is from where you quoted the law.

 

[Bithabus]

Firing a gun inside Houston city limits is a class A misdemeanor regardless of how many acres you have.

 

[Mexican_Hippie]

Firing a gun inside Houston city limits is a class A misdemeanor regardless of how many acres you have. Commercial ranges are exempted of course.

Not if you fit within the parameters of SB734. It pre-empts local law. You're probably right in the other 99% of instances though

 

[Bithabus]

Not if you fit within the parameters of SB734. It pre-empts local law. You're probably right in the other 99% of instances though

No, shooting in Houston is unlawful by state law. See PC 42.12

 

[Driller]

I had this argument last year with the city of Houston. There are still privately owned agricultural land within the city limits of Houston greater than 100 acres. If I remember right I believe that 50 acre rule is true and shooting is permissible. The Houston police dept knows the law and it is so obscure that they hope you do not know it also. You can be assured that they will come running when someone complains. If you want to test it, have a copy of the law with you and your lawyer with you when they come. AND video tape it.

 

[tussery]

No, shooting in Houston is unlawful by state law. See PC 42.12

So you are saying if the Houston PD was on a power trip they could go to a gun range and arrest everyone for discharging a firearm in the city limits?

 

[Acera]

So you are saying if the Houston PD was on a power trip they could go to a gun range and arrest everyone for discharging a firearm in the city limits?

§ 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. Added by Acts 1995, 74th Leg., ch. 663, § 1, eff. Sept. 1, 1995.

I wonder if being at a licensed shooting range and being in compliance with their rules/regulations would be an exception to the term "recklessly discharges a firearm", or at least a defense to prosecution???

 

[Bithabus]

I wonder if being at a licensed shooting range and being in compliance with their rules/regulations would be an exception to the term "recklessly discharges a firearm", or at least a defense to prosecution???

I thought it was but then I looked at the statute, and apparently it is not. "Recklessly" appears to refer to the level of required culpability.

 

[Mexican_Hippie]

No, shooting in Houston is unlawful by state law. See PC 42.12

Is that because of the 100,000 residents? Fort Worth updated their ordinance in 2005 when SB734 went into effect. I'm not trying to be difficult. I really don't understand why something from '95 wasn't updated when a new law was passed in 2005.

I don't see where Houston would be excluded from SB734