Shooting on your own land

[Wyldman]

If I had a question about it, I'd stop by the Sheriff's office and have a chat with him. If he tells you that no laws would be broken, I'd suggest telling your libtard neighbor to pound sand.

Crush, kill, mangle, maim, destroy.

 

[TheDan]

Unfortunately whoever you talk to at the Sheriff dept might not know either. If you can't research it yourself, it'd be best to ask a lawyer.

 

[HKaltwasser]

Okay, this is how my wife and I read and understood it too. I'm off of Nutty Brown behind the cafe. I'm a good mile from Belterra though. I'm not in any incorporated city.

As far as my neighbor goes, she's gonna have to deal with it if it's legal. My neighbor's always shoot, so I will join the party if legal. I don't want to piss her off too much, but it's my right and she's gonna have to deal.

 

[HKaltwasser]

Unfortunately whoever you talk to at the Sheriff dept might not know either. If you can't research it yourself, it'd be best to ask a lawyer.

What kind of lawyer should I ask? One that deals in NFA items in the area? Maybe just a civil lawyer

 

[Charlie]

What kind of lawyer should I ask? One that deals in NFA items in the area?

One that does title searches, etc. NFA or otherwise should make no difference. Have an attorney (a land guy) look into the area you're interested in and see if there are any ordinances restricting shooting, hunting, min. of acres, etc.

 

[ScorpionHunter]

Okay, this is how my wife and I read and understood it too. I'm off of Nutty Brown behind the cafe. I'm a good mile from Belterra though. I'm not in any incorporated city.

Isn't HEB going to build a store there?

 

[300blk]

Going through old threads here. I'm still a little confused on whether or not I can legally shoot on my property in Hays county with 5.5 acres. I've built up an earth back stop that is in a hillside and have only shot .22lr pistol with my son. It's still a little concerning whether or not the sheriff will give me a positive clearance. My lib neighbor threw 10 acres in my face and I haven't shot since (a year ago). I'm in an area where most of my neighbors shoot, full auto too. I guess I'll start with the sheriff, lord why do I live next to transplant Yanks that invaded.

Outside of a city a county *can* regulate discharge of firearms on properties 10 acres or less. Hays county might not regulate shooting on smaller properties.

Within a city a municipality cannot regulate the discharge of shotguns, air rifles, bows on a property more than 10 acres that was annexed after 1981

A municipality cannot regulate the discharge of centerfire or rimfire on a property more than 50 acres annexed after 1981.

 

[300blk]

Okay, this is how my wife and I read and understood it too. I'm off of Nutty Brown behind the cafe. I'm a good mile from Belterra though. I'm not in any incorporated city.

As far as my neighbor goes, she's gonna have to deal with it if it's legal. My neighbor's always shoot, so I will join the party if legal. I don't want to piss her off too much, but it's my right and she's gonna have to deal.

here is forum thread where some people claim that hays has banned shooting for properties under 10 acres. Ideally you would look it up yourself.
https://www.ar15.com/archive/topic.html?b=8&f=8&t=367226

Here is an article that predates a decision on whether to adopt a ban

http://www.texasguntalk.com/forums/...-ordinance-concerning-discharge-firearms.html

I couldnt find if it ever passed

 

[A.Texas.Yankee]

Don't you have a county ordinance website with your laws? Ask the sheriff, he should know.

Sent from my LG-LS995 using Tapatalk

 

[Ole Cowboy]

If you live inside city limits you are HIGHLY unlikely to be able to discharge a fire arm. So if you are outside the city limits you are a step closer.

Now, before you talk to anyone, you need to get ahold of the Deed to your property and look for this KEY word in your description: "UNRESTRICTED". I own Unrestricted land not far from you (not Hays) and I can shoot anytime I want to and do. I know the topless bar and full service bikini fuel stop is gonna make some of my neighbors a bit mad and yea the pig operation down on the West end of my pond is gonna stink but they do not have a leg to stand on...hoping they will sell out to me anyhow.

Bottom line is if you have Unrestricted property there is little they can do UNLESS one of your bullets goes stray. If that happens depending upon what occurs they may end up owning your property. Stray bullets are the death of many a gun range...

 

[300blk]

If you live inside city limits you are HIGHLY unlikely to be able to discharge a fire arm. So if you are outside the city limits you are a step closer.

Now, before you talk to anyone, you need to get ahold of the Deed to your property and look for this KEY word in your description: "UNRESTRICTED". I own Unrestricted land not far from you (not Hays) and I can shoot anytime I want to and do. I know the topless bar and full service bikini fuel stop is gonna make some of my neighbors a bit mad and yea the pig operation down on the West end of my pond is gonna stink but they do not have a leg to stand on...hoping they will sell out to me anyhow.

Bottom line is if you have Unrestricted property there is little they can do UNLESS one of your bullets goes stray. If that happens depending upon what occurs they may end up owning your property. Stray bullets are the death of many a gun range...

unrestricted still means you fall under a county's rules. If the county bans shooting on under 10 acres and you have less than 10 acres then you cannot shoot (legally)

 

[Ole Cowboy]

LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES​

Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event;
(7) regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or...


Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 5, eff. April 27, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 598 (S.B. 987), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 34, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 700 (H.B. 905), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 700 (H.B. 905), Sec. 3, eff. September 1, 2015.




http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.229.htm

 

[Mreed911]

LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES​

Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES. (a) Notwithstanding any other law, including Section 43.002 of this code and Chapter 251, Agriculture Code, a municipality may not adopt regulations relating to:
(1) the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport shooting range.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;
(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event;
(7) regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption; or...


Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 5, eff. April 27, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 598 (S.B. 987), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1210 (S.B. 1400), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 34, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 700 (H.B. 905), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 700 (H.B. 905), Sec. 3, eff. September 1, 2015.




http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.229.htm

You missed a part, corrected above.

 

[Ole Cowboy]

You missed a part, corrected above.

LOL, no, nice try, but no cigar...there are links in there, it would behoove the OP (and maybe others) to read Chap 43 and 42 which also contain links.

Bottom line: Step 1 is to check your deed and see what covenants are on it and or if its is Unrestricted acreage. That is your starting point and then you need to check with the county and find out if they have an laws that might restrict the use (this could be listed in the covenants). The fact that a county passes a law that says you cannot discharge a firearm if under 10 acres yadha, yadha, does not 100% mean that law affects YOU the land owner. It may or may not!

Google is your friend!

 

[Mreed911]

The fact that a county passes a law that says you cannot discharge a firearm if under 10 acres yadha, yadha, does not 100% mean that law affects YOU the land owner. It may or may not!

Under what situations would it not? A county is not a municipality.

 

[Ole Cowboy]

Under what situations would it not? A county is not a municipality.

1) There are situations that may negate rules and regulations as passed.

2) A municipality is usually an urban administrative division having corporate status and powers of self-government or jurisdiction. The term municipality is also used to mean the governing, ruling body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district.

3) I will let you draw your own conclusions.

 

[HKaltwasser]

Isn't HEB going to build a store there?

Yeah, they're supposed to close Oakhill and open there in the future.

 

[HKaltwasser]

Outside of a city a county *can* regulate discharge of firearms on properties 10 acres or less. Hays county might not regulate shooting on smaller properties.

Within a city a municipality cannot regulate the discharge of shotguns, air rifles, bows on a property more than 10 acres that was annexed after 1981

A municipality cannot regulate the discharge of centerfire or rimfire on a property more than 50 acres annexed after 1981.

Yep, I'm clear on all that. The question is about what Hays county will allow outside an unincorporated area. I haven't found anything certain on what Hays allows.

 

[Mreed911]

Yep, I'm clear on all that. The question is about what Hays county will allow outside an unincorporated area. I haven't found anything certain on what Hays allows.

https://www.co.hays.tx.us/county-clerk-documents-for-download.aspx

 

[300blk]

hard to prove a negative. But based on the list of ordinances I would say hays county has not banned discharge of firearms on under 10 acres outside of a municipality. This assumes that the list of ordinances is complete. It seems a little short.

https://www.co.hays.tx.us/county-clerk-documents-for-download.aspx


Here is an article from 2008 where the commissioners did not pass the ordinance.
http://smmercury.com/2008/03/27/commisioners-court-shoots-down-firearms-ban/