shooting inside the city limits

Discussion in 'Gun Legislation' started by uncle-buck, Oct 18, 2009.

  1. uncle-buck

    uncle-buck New Member

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    Oct 18, 2009
    Houston
    As many of you are probably aware, in 2005, the Texas Local Government Code was amended to allow the discharge of firearms on certain lands inside the city limits under specific conditions. (see Section 229.002)

    If the land was annexed after 1981: it's legal to shoot shotguns on tracts of 10 acres or more provided you are more than 150 feet from a residence or occupied building. Rifles and pistols are OK on tracts of 50 acres or more provided you are more than 300 feet from a residence or occupied building.

    Shooting must be done in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

    I own an interest in a tract of land that qualifies, but the local police department has threatened to cite me if I exercise my right under state law to discharge firearms on the property.

    Any ideas on how to proceed under the circumstances? I know I can hire an attorney, which I may do at some point. But I would prefer to conserve my financial resources, if possible.

    Thank you for any feedback or ideas.
     


  2. cuate

    cuate Well-Known

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    There isn't but one way to find out and that is a test case which will be expensive, will likely result in your arrest, being fined, perhaps jailed briefly, hiring a lawyer, a court battle which you will likely win and spending lots of hard earned dollars.....

    Sometimes Freedom is just another word when dealing with the few LEOs
    that believe that the badge gives GODLike authority.:texas:
     
  3. uncle-buck

    uncle-buck New Member

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    Oct 18, 2009
    Houston
    The local chief of police has indicated he will seek an opinion from the AG's office and I believe that he will. Whatever his personal views on the matter are, he probably has some influential locals who have asked him to try and stall or stop me. I don't blame the guy for wanting to hang onto his job.
     
  4. txinvestigator

    txinvestigator TGT Addict

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    ..........

    Have you researched the city code there? Even if you are cited, it sould be a class C citation that should be easy to fight in court. If you lost at the municipal court level, you could appeal to the county courts and be re-tried, as MCs are not a court of record.
     
  5. Renegade

    Renegade TGT Addict

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    The law was changed on September 1, I think you need to be 100% certain you are legal, as what you are quoting may not be correct depending upon where you live.

    Just out of curiosity, how do the Police even know what you plan to do?
     
  6. txinvestigator

    txinvestigator TGT Addict

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    "the" law changed, as in that specific section, or some laws changed?
     
  7. uncle-buck

    uncle-buck New Member

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    Oct 18, 2009
    Houston
    The law was amended this year (as Section 229.003) to provide larger buffer zones in certain areas of the state, but it doesn't apply to my area.

    I am not inclined to get cited first and then stand trial. I would prefer to settle the matter in advance - or simply sue the city if they indicate an unwillingness to follow the law.

    The police know what I plan to do because I went out last weekend, shot on the property, and had a nice chat with them when they paid a visit. I cited the law (which they were unaware of) and they agreed not to cite me if I would agree to refrain from further shooting until they could consult with the city attorney.
     
  8. TexasRedneck

    TexasRedneck 1911 Nut Lifetime Member

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    I'd say reasonable restraint was exhibitted on all sides. Once they've completed their research and presuming they find you're correct, then it would sound like they'll be okay w/it. I'd say everyone's being reasonable.
     
  9. biglucky

    biglucky Well-Known TGT Supporter

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    TBPH I think you are following the exact right path right here.. Kudos for standing up for your rights..
     
  10. armadillo

    armadillo Member

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    Did you state senator or representative support the original bill? If so, a letter to them might get some action.
     

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