Legal question about shooting outside city limits.

[txinvestigator]

A lawyer not knowing the laws of the county s/he lives in would indicate the need to find a new lawyer.

wrong, again

 

[Bultx1215]

That's funny, because what you said is wrong.

Well, then...what did I say that was wrong? If you pull the trigger....pull it all the way and don't be an ass.

 

[txinvestigator]

Why is it when others trot out the "Don't ask the police a legal question", they're applauded, but when I do it, it's ridiculed?

Everyone else is out of step, not you.

Ridicule or not, my advice is good.

I am sorry, it is not.

 

[DaRedneck]

Y'all don't have a magic 8 ball?

 

[Bithabus]

A lawyer will not know the answer....lordy. General rule is 10 acres to shoot in most counties with a few exceptions that need only 5 acres. Calling the sheriff is the best way to find out or talk to other land owners that have been there a while. With just 1.5, I am doubtful you could do it....but then I'm not in the know for Travis Co. Call and see.


BTW, and FWIW, Comal Co. DA will NOT answer any legal questions in person or over the phone. You will be referred to the SO. Kendall will do it though.

Well, then...what did I say that was wrong? If you pull the trigger....pull it all the way and don't be an ass.

"General rule is 10 acres to shoot in most counties with a few exceptions that need only 5 acres" is not correct. In an unincorporated area of a county, outside the jurisdiction of any municipality, it is legal to shoot your firearms on your own property unless your county enacts an ordinance prohibiting the discharge of firearms, in which case you need at least 10 acres to legally shoot.

 

[txinvestigator]

Lots of laws being tossed around. Anyone have an actual cite?

 

[Bithabus]

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES

SUBTITLE B. COUNTY REGULATORY AUTHORITY

CHAPTER 235. COUNTY REGULATION OF MATTERS RELATING TO EXPLOSIVES AND WEAPONS


Sec. 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. 12.003(9), eff. Sept. 1, 2001.

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.235.htm

 

[shortround]

Exactly the same way I see it. Never had a problem blasting targets on an Eight Acre tract in this county. Technically, it should be ten acres, but the surrounding undeveloped areas are a help, and no Sheriff's Deputy will ask you for a survey when you are way out in the boonies.

Common sense prevails more than not with local LE.

Be well.

 

[Bultx1215]

"General rule is 10 acres to shoot in most counties with a few exceptions that need only 5 acres" is not correct. In an unincorporated area of a county, outside the jurisdiction of any municipality, it is legal to shoot your firearms on your own property unless your county enacts an ordinance prohibiting the discharge of firearms, in which case you need at least 10 acres to legally shoot.

Was that so hard? Geez. Its like grade school here some days.

Now, here is where I got that. It was told to me by LEO's and backed up by County Gov't. Most counties have a set acreage for shooting. I was living in an unincorporated area of Comal Co. and was seeking info as to whether or not I could put an indoor range in my shop. I am on 1.5ac and knew they wanted more but hoped I could get a variance since I back up to 75 ac. SO was dispatched to do a looksee and said no, need greater than 10.0 ac. SO supervisor followed up and said same thing and added unless the County Comissioners will allow a variance for an indoor range. So, County Comm Court was the next stop. They said the same thing...greater than 10.0 and reinforced it with that is the avg for all the surrounding area with the exception of Kendall Co. They were making the point that they were no different than most places in the area.

So, the info I posted was provided by inspecting LEO's and backed up and expounded upon by the Comm Court. If you have a beef, take it up with them. I just posted what they told me. However, I know that if you have less than 10.0 ac in Comal and you shoot for anything other than self defense, you have committed a crime.

 

[GPtwins]

I will chime in as a don't ask a LEO for legal advise but not because I harbor any I'll feeling toward them. I find that police officers are friendly and generally willing to help. They do not necessarily know or understand the law. No matter how well intentioned the advice.

If you wish legal advice, look it up in the on the Texas legislature web site or consult an attorney. Even if you look it up, verify it.


-Glen, Sent from my iPad using Tapatalk

 

[jocat54]

So Joeyz, did anyone give you a good answer?

 

[TheCracker]

I don't know about average size limits but I do know that it is illegal to allow your projectile to cross a property line. On 1.5 acres you would need to bring in a dozer to make a good backstop.

I think there is a high likelihood you are going to piss off your neighbors though! Seriously, shooting on lot in a 20 house sub division heavily wooded or not sounds like a bad idea. People probably have kids playing and will get paranoid.

I'm by no means a anti-gunner and shoot a lot myself but this sounds like a bad idea not to mention very inconsiderate. You may need your neighbors one day in a natural disaster or emergency situation and it's not smart to burn bridges IMO.

 

[Bithabus]

Was that so hard? Geez. Its like grade school here some days.

Now, here is where I got that. It was told to me by LEO's and backed up by County Gov't. Most counties have a set acreage for shooting. I was living in an unincorporated area of Comal Co. and was seeking info as to whether or not I could put an indoor range in my shop. I am on 1.5ac and knew they wanted more but hoped I could get a variance since I back up to 75 ac. SO was dispatched to do a looksee and said no, need greater than 10.0 ac. SO supervisor followed up and said same thing and added unless the County Comissioners will allow a variance for an indoor range. So, County Comm Court was the next stop. They said the same thing...greater than 10.0 and reinforced it with that is the avg for all the surrounding area with the exception of Kendall Co. They were making the point that they were no different than most places in the area.

So, the info I posted was provided by inspecting LEO's and backed up and expounded upon by the Comm Court. If you have a beef, take it up with them. I just posted what they told me. However, I know that if you have less than 10.0 ac in Comal and you shoot for anything other than self defense, you have committed a crime.

It is a stretch from saying that your county has a restriction to telling someone that "10 acres is a general rule". Most counties don't have that restriction.

 

[Bultx1215]

It is a stretch from saying that your county has a restriction to telling someone that "10 acres is a general rule". Most counties don't have that restriction.

So, I've gone from flat out wrong, to a stretch, huh?

As I said, I passed along what the government types told me about the heavily populated counties...if you don't like it, take it up with them.

 

[Bithabus]

So, I've gone from flat out wrong, to a stretch, huh? View attachment 9296

As I said, I passed along what the government types told me about the heavily populated counties...if you don't like it, take it up with them.

What are you talking about? Of course what you said was flat out wrong, I was trying to be diplomatic. You have information about your county, and you assumed it was pertinent to the other 253 counties in Texas. Then you called out and insulted other people's sources of information, when in fact your sources were incorrect.

 

[Wolfwood]

I will chime in as a don't ask a LEO for legal advise but not because I harbor any I'll feeling toward them. I find that police officers are friendly and generally willing to help. They do not necessarily know or understand the law. No matter how well intentioned the advice.

If you wish legal advice, look it up in the on the Texas legislature web site or consult an attorney. Even if you look it up, verify it.


-Glen, Sent from my iPad using Tapatalk

on a completely unrelated subject, everytime you post, i think "hoyl crap DCortez is back!" then i say "oh.. thats a totally diffrent kind of kitty cat"

 

[Bultx1215]

What are you talking about? Of course what you said was flat out wrong, I was trying to be diplomatic. You have information about your county, and you assumed it was pertinent to the other 253 counties in Texas. Then you called out and insulted other people's sources of information, when in fact your sources were incorrect.

I can see this is going nowhere and will drop it after this post. I called out and insulted no one's sources. If you are that thin skinned, I suggest you ignore my posts. I told the OP in my first post I was not in the know with Travis CO and to check it out. I am in the know on at least 12-14 counties my my immediate area and elsewhere...all like the OP's in a major population centers and all with the 5-10ac restriction. If my sources were wrong, there's nothing I can do about it. Based on what I know from other areas, they were mostly correct. I assumed nothing, I just passed on what I knew and was told by the convened authority here and told the OP to verify. The comm court was the one that used the phrase general rule, so who am I to question them?

Enough of this... have better things to do.

 

[Renegade]

NM misread.

 

[txinvestigator]

I don't know about average size limits but I do know that it is illegal to allow your projectile to cross a property line.

Can you show me THAT law?

 

[Renegade]

Can you show me THAT law?

That one is easy:

Sec. 62.0121. DISCHARGE OF FIREARM ACROSS PROPERTY LINE. (a) In this section, "firearm" has the meaning assigned by Section 62.014(a).
(b) A person commits an offense if:
(1) the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm; and
(2) the projectile from the firearm travels across a property line.
(c) It is a defense to prosecution under this section that the person:
(1) owns the property on both sides of each property line crossed by the projectile; or
(2) has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.
(d) The written agreement required under Subsection (c)(2) must:
(1) contain the name of the person allowed to hunt or engage in recreational shooting in a manner described by Subsection (b);
(2) identify the property on either side of the property line crossed by the projectile; and
(3) be signed by any person who owns the property on either side of the line crossed by the projectile.
(e) An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(f) If conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, the person may be prosecuted under either section or both sections.