Legal question about shooting outside city limits.

[JoeyZ]

So Joeyz, did anyone give you a good answer?

Hard to say. I did'nt have a clue this would spark a heated debate. I will however no longer do any shooting at my place. Though I was firing in the direction of an open field with a cluster of small cedars and a dirt berm as the back stop. None of my neighbors have ever complained, one is a constable. But i won't risk it anymore. My friend has 20 acres up the road. I'll just go there.

This has been interesting though, and entertaining! Thanks.

 

[txinvestigator]

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.

From what code? parks and Wildlife?

 

[Bithabus]

From what code? parks and Wildlife?

Yeah was added in 2005

 

[txinvestigator]

Yeah was added in 2005

Thanks. I always try to remember to source codes since there are so many

 

[jgalvanatx]

I would call the TCSO nearest you (Travis County Sheriff, Texas) and ask them. If you have a backstop and can show that's where you are shooting you may be OK.

The statutes on this:

LOCAL GOVERNMENT CODE  CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

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.

Added by Acts 2005, 79th Leg., Ch. 18, Sec. 4, eff. May 3, 2005.


Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality located wholly or partly in a county:
(1) with a population of 450,000 or more;
(2) in which all or part of a municipality with a population of one million or more is located; and
(3) that is located adjacent to a county with a population of two million or more.
(b) Notwithstanding Section 229.002, 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:
(i) more than 1,000 feet from:
(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
(b) the property line of a school, hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential subdivision; and
(b) the property line of a multifamily residential complex; and
(iii) 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;
(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:
(i) more than 1,000 feet from:
(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
(b) the property line of a school, hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential subdivision; and
(b) the property line of a multifamily residential complex; and
(iii) 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; or
(3) discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.

Added by Acts 2009, 81st Leg., R.S., Ch. 1230, Sec. 1, eff. June 19, 2009.

 

[Bithabus]

I would call the TCSO nearest you (Travis County Sheriff, Texas) and ask them. If you have a backstop and can show that's where you are shooting you may be OK.

The statutes on this:

LOCAL GOVERNMENT CODE CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

Remember, the OP said he lives outside the city limits.

 

[Texan2]

In reality most cops dont have much to do especially in an area like Travis County that has few calls for service and little crime. And because of such a light case load many Deputies will give you false info about a misdemeanor offense only so they can later come back and write a report, do a bunch of paperwork go find a judge to obtain an arrest warrant and come back and get youand take you to jail, after which they have to do more paperwork and have to go to court on their day off.

Of course many others will lie to you so that they can then go hide ther patrol car and ignore other calls that are stacking up while they go out in the brush and watch you....waiting for you to crank off a round so they can make a warrantless arrest. They do this not thinking that most of their conversations are recorded on in car video (with audio) so after they arrest you and your defense attorney gets a copy of a recording of them telling you you can shoot, the case will get immediatley flushed. The cops that pursue this approach do so because they like to make arrests that they know will go no where and possibly result in them get chastised for a violating a policy of their department.

I hope this offers some insight into the mind of a Texas Peace Officer.

 

[Wolfwood]

In reality most cops dont have much to do especially in an area like Travis County that has few calls for service and little crime. And because of such a light case load many Deputies will give you false info about a misdemeanor offense only so they can later come back and write a report, do a bunch of paperwork go find a judge to obtain an arrest warrant and come back and get youand take you to jail, after which they have to do more paperwork and have to go to court on their day off.

Of course many others will lie to you so that they can then go hide ther patrol car and ignore other calls that are stacking up while they go out in the brush and watch you....waiting for you to crank off a round so they can make a warrantless arrest. They do this not thinking that most of their conversations are recorded on in car video (with audio) so after they arrest you and your defense attorney gets a copy of a recording of them telling you you can shoot, the case will get immediatley flushed. The cops that pursue this approach do so because they like to make arrests that they know will go no where and possibly result in them get chastised for a violating a policy of their department.

I hope this offers some insight into the mind of a Texas Peace Officer.

i cant tell if you are being sarcastic or serious. definitley sounds plausible, but i think i may detect sarcasm in the bolded areas...
please clarify

i have heard stories about travis and hays counties being a bit crooked from a relative who spent many years in an elected LEO postion.

 

[lalonguecarabine]

In reality most cops dont have much to do especially in an area like Travis County that has few calls for service and little crime. And because of such a light case load many Deputies will give you false info about a misdemeanor offense only so they can later come back and write a report, do a bunch of paperwork go find a judge to obtain an arrest warrant and come back and get youand take you to jail, after which they have to do more paperwork and have to go to court on their day off.

Of course many others will lie to you so that they can then go hide ther patrol car and ignore other calls that are stacking up while they go out in the brush and watch you....waiting for you to crank off a round so they can make a warrantless arrest. They do this not thinking that most of their conversations are recorded on in car video (with audio) so after they arrest you and your defense attorney gets a copy of a recording of them telling you you can shoot, the case will get immediatley flushed. The cops that pursue this approach do so because they like to make arrests that they know will go no where and possibly result in them get chastised for a violating a policy of their department.

I hope this offers some insight into the mind of a Texas Peace Officer.

Hilarious!

 

[Wolfwood]

Hilarious!

oh ok.

i thought so... but he's hard to read sometimes. we made a deal ina parkinglot once, and for a sec i felt like i was getting a ticket.

lmfao

 

[Bithabus]

Of course many others will lie to you so that they can then go hide ther patrol car and ignore other calls that are stacking up while they go out in the brush and watch you....

I knew it!

 

[Texan2]

oh ok.

i thought so... but he's hard to read sometimes. we made a deal ina parkinglot once, and for a sec i felt like i was getting a ticket.

lmfao

I WAS gonna give you a ticket, but I had some people to go lie to so I could trump up a charge and arrest them. Next time I will try not to forget my ticket book.

 

[Texan2]

I knew it!

I broke the code of silence!!!

 

[M4Dogg]

jgalvantx, thanks for posting some of those codes....

Anyone know if there's something else which would regulate the discharge of a firearm outside of a city's reach, such as a state-wide code? I see in the codes there is this notion of 10 acres or larger for shotgun and 50 acres or larger for rifle... Where does THIS come from? Is it implicitly telling us state-wide there is some code which regulates reinforces this and thus this is listed to prevent a municipality from overriding it?? OR is there NO state-wide code implicitly telling us this, and therefore it is OK to do and a municipality may or may not enact a law prohibiting or regulating it... ??

:-)

 

[Bithabus]

jgalvantx, thanks for posting some of those codes....

Anyone know if there's something else which would regulate the discharge of a firearm outside of a city's reach, such as a state-wide code? I see in the codes there is this notion of 10 acres or larger for shotgun and 50 acres or larger for rifle... Where does THIS come from? Is it implicitly telling us state-wide there is some code which regulates reinforces this and thus this is listed to prevent a municipality from overriding it?? OR is there NO state-wide code implicitly telling us this, and therefore it is OK to do and a municipality may or may not enact a law prohibiting or regulating it... ??

:-)

That is a limitation placed on the regulatory authority of municipalities. Another limitation, which I posted earlier, is placed on the regulatory authority of counties and is relevant if you live outside the jurisdiction of a city. Neither any city nor any county has to impose restrictions, but it is a violation of state law to shoot in a city with population above 150,000.

 

[M4Dogg]

Well, outside of city limits it could only be county, meaning what you just said is there IS NOTHING from the State. So unless the County has something (you can search the TX legislation archives for "rifle" and find the counties which have statues about rifles/ranges on file) then there is nothing else prohibiting or regulating this? I just still can't believe that. That would mean some non-city land in some county which has no statues regulating it, could have a range on like 1 acre of land... Impossible!! There has to be something we're missing here..

 

[Bithabus]

Well, outside of city limits it could only be county, meaning what you just said is there IS NOTHING from the State. So unless the County has something (you can search the TX legislation archives for "rifle" and find the counties which have statues about rifles/ranges on file) then there is nothing else prohibiting or regulating this? I just still can't believe that. That would mean some non-city land in some county which has no statues regulating it, could have a range on like 1 acre of land... Impossible!! There has to be something we're missing here..

1 acre is safe if you have a good berm.

 

[M4Dogg]

Sounds good Bithabus, but show me a DPS officer that will agree to that...

My friends have a range on 7 and I have a sheriff friend who shoots out there with us, but I don't feel it's safe one bit, and I haven't been back out there in a long time as such (sheriff has though LOL)...

 

[Bithabus]

Sounds good Bithabus, but show me a DPS officer that will agree to that...

My friends have a range on 7 and I have a sheriff friend who shoots out there with us, but I don't feel it's safe one bit, and I haven't been back out there in a long time as such (sheriff has though LOL)...

Not sure what you mean. Either it's illegal or it's not.

 

[M4Dogg]

I know, what I am saying is I have yet to see something which says its illegal, but it seems like everyone in Texas seems to think you need 10 or 21 or 50 acres for a gun range, and thus doesn't think anything smaller can possibly be safe (even though it may very well be for all we know).