Legal question about shooting outside city limits.

[Bithabus]

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).

Lots of people shoot on 2 or 3 acres.

 

[Texastransplant]

The law is if you have 10 acres you are limited to BB, Bow, shotgun. If you have over 10 acres 10.00001 then you can shoot centerfire rifle, pistol shotgun. the same rule apply for hunting. However these limits are for outside of city limits. I will find the law that was passed to provide protection by the state so we could shoot.

 

[Bithabus]

The law is if you have 10 acres you are limited to BB, Bow, shotgun. If you have over 10 acres 10.00001 then you can shoot centerfire rifle, pistol shotgun. the same rule apply for hunting. However these limits are for outside of city limits. I will find the law that was passed to provide protection by the state so we could shoot.

Incorrect. There is no state acreage restriction. See post 37 for the law you are referencing.

 

[M4Dogg]

See, this is my point, there is no State law that says this and thus there is tremendous confusion and incorrect interpretations of the law. Hence, 1-10 acre ranges ARE acceptable (PROVIDED THEY ARE SAFE and/or DEEMED SAFE BY A DPS OFFICER).

 

[Bithabus]

See, this is my point, there is no State law that says this and thus there is tremendous confusion and incorrect interpretations of the law. Hence, 1-10 acre ranges ARE acceptable (PROVIDED THEY ARE SAFE and/or DEEMED SAFE BY A DPS OFFICER).

No state law that says what? Laws tell us what is prohibited, not what we are allowed to do. Also, whether a DPS Trooper thinks your range is safe is irrelevant.

 

[Texan2]

See, this is my point, there is no State law that says this and thus there is tremendous confusion and incorrect interpretations of the law. Hence, 1-10 acre ranges ARE acceptable (PROVIDED THEY ARE SAFE and/or DEEMED SAFE BY A DPS OFFICER).

LMAO...Can you cite this law please???

 

[Texastransplant]

This is what I was looking for. Before moving to Texas last year and buying our home I had several things I wanted. I didn't want to be in a county that regulated. If they regulate cars emissions they will regulate guns or put restrictions on them. So I bought a place on ten acres in Coryell county, it's way rule and I can shoot. However read this.

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.

Notice is says 10 acres or less and also says in a subdivision. I am not in a subdivision and luckily my properties survey came in at a tad over 10 acres.

I do shoot here, and I do hear others shootinig on on smaller acreages, we are in the county, no municpality nearby.
​

 

[nalioth]

This is what I was looking for. Before moving to Texas last year and buying our home I had several things I wanted. I didn't want to be in a county that regulated. If they regulate cars emissions they will regulate guns or put restrictions on them. So I bought a place on ten acres in Coryell county, it's way rule and I can shoot. However read this.

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.

Notice is says 10 acres or less and also says in a subdivision. I am not in a subdivision and luckily my properties survey came in at a tad over 10 acres.

I do shoot here, and I do hear others shootinig on on smaller acreages, we are in the county, no municpality nearby.
​

You completely missed it.

The key word is "MAY" not "will" or "shall".

 

[Texastransplant]

Yes I realize it does say may but for me I needed to see it. Due to moving from Illinois you have to understand may/mabye delated at changed to shall. I wasn't argueing the point just that I knew I had seen this somewhere. The other comment I was quoting from memory and you know the memory is not to good at times. Thanks for your comment.

 

[M4Dogg]

@Bithabus, I know, that is what I'm saying it doesn't seem like there is anything explicitly regulating this at the state level, or at least I have yet to see it. Therefore some counties MAY act on it, but not many do (only like 4 or 5 do I believe).

@Texan2, I don't know what the statute is or if there is one, but we no longer have to certify a range here in TX. This means that anyone can set one up provided it doesn't conflict with existing statutes as per the previously posted codes and also some counties DO have codes against this. BUT, if someone complains, they will send a DPS or otherwise state trooper to your range and they will have to ensure it looks safe or else can shut it down. This is what I was told (when I took my CHL instructor classes)...

 

[Texan2]

I think your CHL instructor mis-spoke. That is not uncommon. A DPS Trooper cant look at your range and decide if it is safe or unsafe, anymore than any other Texas Peace Officer can. (if you are shooting over a road or toward a house or some other dangerous act that would change the scenario.)

I dont know how someone with no training in the operation of gun ranges could come by and decide if it "looks safe".

 

[Bithabus]

BUT, if someone complains, they will send a DPS or otherwise state trooper to your range and they will have to ensure it looks safe or else can shut it down. This is what I was told (when I took my CHL instructor classes)...

Some CHL instructors have no idea what they're talking about and make up crazy stuff. Yours is one of them.

 

[Bithabus]

This is what I was looking for. Before moving to Texas last year and buying our home I had several things I wanted. I didn't want to be in a county that regulated. If they regulate cars emissions they will regulate guns or put restrictions on them. So I bought a place on ten acres in Coryell county, it's way rule and I can shoot. However read this.

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.

Notice is says 10 acres or less and also says in a subdivision. I am not in a subdivision and luckily my properties survey came in at a tad over 10 acres.

I do shoot here, and I do hear others shootinig on on smaller acreages, we are in the county, no municpality nearby.
​

That was already posted and discussed in this thread man. See posts 37 and 63.

 

[txfireguy2003]

I didn't read all the replies, but in regards to asking a leo, I agree he may not know off the top of his head. In which case, he will either say, "I'm not sure." Or he'll make something up. If he makes it up, and you document that a leo told you this (and who said leo was) that IS a defense to prosecution. It's called "mistake of fact" because you did your best to find out the legalities, got advice from someone who any reasonable person would expect to know the correct answer, and were given wrong information by an otherwise credible source. As far as leos lying to get you to commit a crime, then arresting you, that won't stand up in court. It's called entrapment. Now, cops do lie to criminals, for example, the hooker asks "are you a cop?" "nope", but that is a crime that the hooker would have committed without the cop's intervention. In your case, you're not going to commit the crime if you know it's a crime, so an officer misleading you is entrapment.

Sent from my Samsung Captivate using Tapatalk.

 

[Texan2]

I didn't read all the replies, but in regards to asking a leo, I agree he may not know off the top of his head. In which case, he will either say, "I'm not sure." Or he'll make something up. If he makes it up, and you document that a leo told you this (and who said leo was) that IS a defense to prosecution. It's called "mistake of fact" because you did your best to find out the legalities, got advice from someone who any reasonable person would expect to know the correct answer, and were given wrong information by an otherwise credible source. As far as leos lying to get you to commit a crime, then arresting you, that won't stand up in court. It's called entrapment. Now, cops do lie to criminals, for example, the hooker asks "are you a cop?" "nope", but that is a crime that the hooker would have committed without the cop's intervention. In your case, you're not going to commit the crime if you know it's a crime, so an officer misleading you is entrapment.

Sent from my Samsung Captivate using Tapatalk.

What if the hooker just asks if you are on duty or off duty?

 

[M4Dogg]

I need to clear one thing up. This information about a state trooper coming to a range and deeming it safe if there is a question/concern - I'm 99% sure I heard this in my CHL "instructor" class, meaning from Sargent Baumsch of the TX DPS, the guy who taught my week-long instructor class when I became an instructor. He explicitly did say we no longer have to certify a range, but I can't recall if he is the one who said the other bit about a peace officer or someone like that coming to inspect a range, only after a concern or question was raised about the range. As to how they would deem it safe, I guess it is their judgment. I've never had anyone do this at ranges I know of, but I know LEOs who frequent those ranges too so I'm sure if they feel it is safe, it is safe and there is no arguing with them. I know some nearby ranges like this guy in Liberty Hill, he's had LEOs come out on several occasions after complaints and they always find it to be safe, so there's nothing they can do (the county doesn't regulate it otherwise [yet]).

 

[Texan2]

I know plenty of DPS and other Texas officers who know nothing about gun ranges. They know how to ask what lane they are shooting in and they know how to pick up brass.
Nothing against Texas Peace Officers but gun range management has absolutely nothing to do with their area of expertise.

A Texas LEO telling you it is/isn't safe is about as valid as him walking into a nuclear power plant and saying it is safe/not safe.

 

[Wolfwood]

What if the hooker just asks if you are on duty or off duty?

you get that one often?

lmfao

 

[lalonguecarabine]

you get that one often?

lmfao

Oh - GEEZ! Here we go!

 

[lalonguecarabine]

Well, according to the laws that I just made up - which are as good as anything else that's been posted in this thread so far:
You are limited to 25 meters for shooting rubber bands,
15 meters for spitwads
100 meters for slingshots
1 football field for dirty looks
25 miles for rail guns produced before 1920
1000 miles for rail guns produced by the aliens we're keeping captive at area 51
...and no one is allowed to fart within 50 meters of yours truly!