My Neighbors Called the Po-Po on Me

Last I read 10 acres for shotgun and 40 acres for pistol and rifle. Though I know in many cases this isn’t enforced and I think it should fall on the range setup by the owner. Op, you have a very nice backstop.

That’s too bad about your neighbors. Stupid question but have you tried inviting them over to see the backstop and kindly explain to them how safe it is?

Sam7sf said:

Last I read 10 acres for shotgun and 40 acres for pistol and rifle. Though I know in many cases this isn’t enforced and I think it should fall on the range setup by the owner. Op, you have a very nice backstop.

That’s too bad about your neighbors. Stupid question but have you tried inviting them over to see the backstop and kindly explain to them how safe it is?

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No, I haven't reached out. I just realized they had a problem today. I did tell the deputies to tell my neighbor he could come over with or without the deputies and see everything. I also asked the deputies to tell the neighbor I'm willing to give him a phone call before I start shooting. I think I know which neighbor called the police but I'm not 100% certain.

TX OMFS said:

No, I haven't reached out. I just realized they had a problem today. I did tell the deputies to tell my neighbor he could come over with or without the deputies and see everything. I also asked the deputies to tell the neighbor I'm willing to give him a phone call before I start shooting. I think I know which neighbor called the police but I'm not 100% certain.

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Hopefully they are just scared but open to some kind of friendship. We would see this issue in Oregon a lot. People who had no business in the country bringing city life mentality. I remember telling a couple they didn’t need to call deputies to deal with a pest. 50 cents is way cheaper than tax payer dollars and a deputies time.

Sam7sf said:

Last I read 10 acres for shotgun and 40 acres for pistol and rifle. Though I know in many cases this isn’t enforced and I think it should fall on the range setup by the owner. Op, you have a very nice backstop.

That’s too bad about your neighbors. Stupid question but have you tried inviting them over to see the backstop and kindly explain to them how safe it is?

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Ten acres is NOT a state law. Could be a county law depending on where you live. If you're within the law in your county or city, as it appears, then you've done nothing wrong.

How late do you shoot?

Interesting first post from a 3 year lurker.

Welcome to the Forum!

JabbaNoBother said:

How late do you shoot?

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When it comes to 'yotes, it can be how early.

JabbaNoBother said:

How late do you shoot?

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This was about 12pm. I've never shot after dark here. If I saw a coyote I wouldn't hesitate day or night.

I haven't shot much at all here but I am about to start.

I have kept notes on this topic over the last two years, and here they are. I am in Hays County and also in a HOA. An HOA may restrict gun usage, but I THINK it is just a civil matter--the HOA can take you to court to enforce the restriction.

1. Acreage Limits: State law limits county and city shooting regulations:
In County (Not in City)
More than 10 acres–County can’t regulate.
Less than 10 acres and also in a subdivision, then county can regulate.
(Hays County— no minimum acreage.)

In City (including ETJ)
More than 10 acres–City can’t prohibit shotgun, air rifle and air pistol if 150 feet from nearest house.
More than 50 acres— City can’t prohibit any caliber rifle or pistol if 300 feet from nearest house.
If less than these acreages, check with city. They may have a regulation.
2. Home Owners Association
There may be property restrictions against shooting.
3. Noise Statute
There is an 85 db state noise statue at the site of the complaint, not the site of shooting.

TEX LG. CODE ANN. § 229.002 : Texas Statutes – Section 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.


County regulatory authority:
TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 235.022: AUTHORITY TO REGULATE
Search TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 235.022: AUTHORITY TO REGULATE
To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28, 1989. Renumbered from Sec. 240.022 by Acts 2001, 77th Leg., ch. 1420, Sec. 1


http://www.statutes.legis.state.tx.us/SOTWDocs/CN/htm/CN.1.htm

Sec. 34. RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE. (a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.

(b) Hunting and fishing are preferred methods of managing and controlling wildlife.

(c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain.

(d) This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.

TX OMFS said:

No, I haven't reached out. I just realized they had a problem today. I did tell the deputies to tell my neighbor he could come over with or without the deputies and see everything. I also asked the deputies to tell the neighbor I'm willing to give him a phone call before I start shooting. I think I know which neighbor called the police but I'm not 100% certain.

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Good post man. Communication is key. As long as your willing to communicate your good.

Charlie said:

Ten acres is NOT a state law. Could be a county law depending on where you live. If you're within the law in your county or city, as it appears, then you've done nothing wrong.

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To clarify this statement... there is a state law related to 10 acres that regulates counties, not individuals.
It states that counties cannot forbid shooting on landowners who have more than 10 acres.

SofAustin has it right, AFAIK... I stopped paying attention when he got to subdivision and city regs... doesn't apply to me- I list my location as Canton, but I'm in Van Zandt county... outside any city limits. Much like liquor laws in TX, it's the real estate idiom- all about location, location, location.

Thanks for the clarification to clear up any confusion someone may have regarding the ten acre thing. I think some folks, especially those that live in the city, think everyone must have 10 acres or more in the state of Texas to discharge a firearm. One needs to check with their county, city, etc. to clarify the laws for the place they want to shoot.

I don't belong to a HOA. Frankly, I think HOA's are about the good 'ole boy system. Frank can do whatever, because I am the President of the HOA, and he is my friend. Bob, I hate, so I am going to do my best to screw him over.

Kingarthur777 said:

Frank can do whatever, because I am the President of the HOA, and he is my friend. Bob, I hate, so I am going to do my best to screw him over.

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Lawsuit waiting to happen.

IIRC, one of the things you also need to be aware of if you live close (within 5 miles) to a Texas municipality is the legal concept of Extraterritorial Jurisdiction.

Austin is an egregious example of weaponizing this concept against adjacent landowners.

Calling L.E. is a very serious effort.

Do so and you better have a good reason..

Do so because you're petty and vindictive, hell awaits you...and not necessarily the super natural kind..

Mowingmaniac 24/7 said:

Calling L.E. is a very serious effort.

Do so and you better have a good reason..

Do so because you're petty and vindictive, hell awaits you...and not necessarily the super natural kind..

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You are probably right but I would be willing to give the benefit of the doubt especially the first time for an ex urban dweller and probably someone ignorant of guns and the law. Invite them over for tea and to shoot the Glock

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TX OMFS said:

This was about 12pm. I've never shot after dark here. If I saw a coyote I wouldn't hesitate day or night.

I haven't shot much at all here but I am about to start.

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You should shoot a lot, you did a great job building your range and it wasn't cheap. You built a range to keep everyone safe, you've been polite, you've done everything you could to appease the neighbor. Now it's time to start shooting and enjoy it!

AustinN4 said:

Lawsuit waiting to happen.

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That is exactly where it ends up. The disliked one finds himself sued by his HOA, and he defends himself, by saying there was a double standard. I was dismissed from that jury pick when they asked my opinion of HOA's.

I heard that over by Hallettesville a couple of Cougars (big cat kind) were spotted. My wife and I had a wolf run across the road in front of us a few weeks back. Was not a coyote. It stopped a few yards off the road and looked back at us.