Shooting on your own land

[HKaltwasser]

It's time to talk to a Sheriff and get to work on fortifying my back stop after neglect. I do live in an are that was subdivided, not really what I would call a subdivision,but I guess the county makes those rules.






Minimum

Acreages

for

Shooting

0

• At December 28, 2013
• By Glenn Jordan
• In Uncategorized

Minimum Acreage for Shooting​

By​

Glenn JordanRealtor.com​

Glennjordan10@gmail.com​

1. Acreage Limits: State law (attached) limits county and city shooting regulations:
In County (Not in City)
More than 10 acres–County can’t regulate.
Less than 10 acres and also in a subdivision, then county can regulate.
Hays County— no minimum acreage.
Check with Sheriff in other Counties

In City (including ETJ)
More than 10 acres–City can’t prohibit shotgun, air rifle and air pistol if 150 feet from nearest house.
More than 50 acres— City can’t prohibit any caliber rifle or pistol if 300 feet from nearest house.
If less than these acreages, check with city. They may have a regulation.

2. Creeks and Lakes
There are specific statutes and regulations for shooting across some lakes and rivers. You have to check regarding each lake or river.

3. Home Owners Association
There may be property restrictions against shooting.

4. Noise Statute
There is an 85 db state noise statue at the site of the complaint, not the site of shooting.

4. Comments:
a. Reputation–If you are known to be a shooter, every time a gun goes off during hunting season the neighbors are going to wonder if it is you, not just now, but for many years to come.

b. Backstop or Berm–When a complaint is filed, the deputy wants to know if you are shooting safely. Shooting into the ground will leave them suspicious of ricochets.
TEX LG. CODE ANN. § 229.002 : Texas Statutes – Section 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.
– See more at: http://codes.lp.findlaw.com/txstatutes/LG/7/A/229/229.002#sthash.pNQvUk77.dpuf

County regulatory authority:
TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 235.022: AUTHORITY TO REGULATE
Search TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 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. 1

 

[Schutz]

Blast blast blast. Can't wait to get home

 

[Ole Cowboy]

It's time to talk to a Sheriff and get to work on fortifying my back stop after neglect. I do live in an are that was subdivided, not really what I would call a subdivision,but I guess the county makes those rules.







Minimum

Acreages

for

Shooting

0

• At December 28, 2013
• By Glenn Jordan
• In Uncategorized

Minimum Acreage for Shooting​

By​

Glenn JordanRealtor.com​

Glennjordan10@gmail.com​

1. Acreage Limits: State law (attached) limits county and city shooting regulations:
In County (Not in City)
More than 10 acres–County can’t regulate.
Less than 10 acres and also in a subdivision, then county can regulate.
Hays County— no minimum acreage.
Check with Sheriff in other Counties

In City (including ETJ)
More than 10 acres–City can’t prohibit shotgun, air rifle and air pistol if 150 feet from nearest house.
More than 50 acres— City can’t prohibit any caliber rifle or pistol if 300 feet from nearest house.
If less than these acreages, check with city. They may have a regulation.

2. Creeks and Lakes
There are specific statutes and regulations for shooting across some lakes and rivers. You have to check regarding each lake or river.

3. Home Owners Association
There may be property restrictions against shooting.

4. Noise Statute
There is an 85 db state noise statue at the site of the complaint, not the site of shooting.

4. Comments:
a. Reputation–If you are known to be a shooter, every time a gun goes off during hunting season the neighbors are going to wonder if it is you, not just now, but for many years to come.

b. Backstop or Berm–When a complaint is filed, the deputy wants to know if you are shooting safely. Shooting into the ground will leave them suspicious of ricochets.
TEX LG. CODE ANN. § 229.002 : Texas Statutes – Section 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.
– See more at: http://codes.lp.findlaw.com/txstatutes/LG/7/A/229/229.002#sthash.pNQvUk77.dpuf

County regulatory authority:
TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 235.022: AUTHORITY TO REGULATE
Search TEX LG. CODE ANN. § 235.022 : Texas Statutes – Section 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. 1

Look at your deed, my deed states that my land is "UNRESTRICTED"...getting harder and harder to find acreage like that unless you get FAR away from the madding crowds of the city. As they expand almost everything becomes a subdivision and that changes the game for owner.

 

[300blk]

the summary is missing one key point which is for a city the property had to be annexed after 1981 for preemption to apply. If your property > than 10 acres

It's time to talk to a Sheriff and get to work on fortifying my back stop after neglect. I do live in an are that was subdivided, not really what I would call a subdivision,but I guess the county makes those rules.


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:

 

[TX OMFS]

I went through this with my property. I'm over 10 acres, outside city limits, and not subdivided but I had a hard time finding laws or ordinances published by Bexar Co so I hired my lawyer to check it out and render an opinion I could use to defend myself (I hope).

Final opinion was keep all projectiles on your property and your are fine.

 

[SofAustin]

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/

If you live in Hays County inside an HOA whose deed restrictions disallow discharging a firearm, can they enforce it? On the one hand, it seems like they cannot since they are not a legal authority, but on the other hand, the deed restrictions might be considered a legal contract between the HOA and the home owner. Thus a homeowner is liable in a civil suit or something. I live on 15 acres in Hays in an HOA with restrictions but would like to shoot from time to time in a safe manner of course.

 

[TheDan]

If you live in Hays County inside an HOA whose deed restrictions disallow discharging a firearm, can they enforce it?

They can fine you $1000 for every time you pull the trigger and then put a lien on your house.

 

[300blk]

If you live in Hays County inside an HOA whose deed restrictions disallow discharging a firearm, can they enforce it? On the one hand, it seems like they cannot since they are not a legal authority, but on the other hand, the deed restrictions might be considered a legal contract between the HOA and the home owner. Thus a homeowner is liable in a civil suit or something. I live on 15 acres in Hays in an HOA with restrictions but would like to shoot from time to time in a safe manner of course.

They 100% can. You accepted the agreement when you bought the property. The govt can't take your right, but you can give it up voluntarily. There is precedent. You would need the legislature to invalidate like solar, political signs, sat dishes etc

Sent from my SM-G930V using Tapatalk

 

[Ole Cowboy]

If you live in Hays County inside an HOA whose deed restrictions disallow discharging a firearm, can they enforce it? On the one hand, it seems like they cannot since they are not a legal authority, but on the other hand, the deed restrictions might be considered a legal contract between the HOA and the home owner. Thus a homeowner is liable in a civil suit or something. I live on 15 acres in Hays in an HOA with restrictions but would like to shoot from time to time in a safe manner of course.

I have suffered thru living in HOA's more than once:

1) Its up to the HOA to make the rules and regs and the amount of fines and how its all handled (in the 2 states I lived in, Tex, Az).

2) Anyone who thinks Hitler died in a bunker by his own hand at the close of WWII has never lived in a HOA out of control.

One HOA was fanatical and I am sure their 'storm troopers' wore armbands with swastikas. They would drive around about 6 in the eve and take fotos IF your tire on your car was OVER the edge of the driveway (I did NOT say your tire on parked off the driveway on your yard), when I say over the edge I mean just that, say a ¼ in, they take pic, date, send you a ticket for $50 (YES, $50!!). Guy who lived across the street was in Sales and he traveled nationwide. Trash cans for pickup MUST be put out after 6 pm the day before and must be returned to your garage by 8 pm the following day. Cans left out will get a pic and a $75 dollar fine. So my Sales guy as if I would move his cans in when he was out of town and yes I did.

There was no comeback on a fine unless you hired a lawyer and took the HOA to court, don't pay, they slap a lien on your house and you cannot sell (close) until the fines are paid. There were folks that paid fines in the $0000's.

HOA's can control everything they can see from the street from the shape and size of your porch light to the wattage of the bulb, the size and color of the gravel you use in your yard. Better NOT have a car that drips oil or trans fluid. Its next to impossible to completely remove and they can make you tear out your driveway and pour a new one (yes seen it happen in my neighborhood).

Your best bet is to get involved and on the HOA board and then begin changing the rules.

NOTE: I fought my HOA on my gas street light each of us had in our yard and won. I converted to solar and cited a Federal law that prohibited HOA's from stopping the use of solar power.

 

[Renegade]

Final opinion was keep all projectiles on your property and your are fine.

That is more than opinion, it is law.

 

[TX OMFS]

That is more than opinion, it is law.

Law also says the president can restrict immigration. Until a lib judge doesn't like it.

I tried to befriend my neighbors to decrease my chances of having to defend myself in court.

 

[Renegade]

Law also says the president can restrict immigration. Until a lib judge doesn't like it.

So a lib judge is going to override law and say you do not need to keep your projectiles on your own property? Cool.

 

[wakal]

I suspect he is saying that the "law" is the "law" only until some black-robed tyrant decides that the plain letter of the law means something he prefers that day, despite fifty or more years of case law on the matter to the contrary...

 

[Charlie]

HOA organizations don't (and can't) make laws. They don't have the authority. Yes, they can make life hard on an "offender" of their rules. They can't "fine" you unless they want to go to court and have a judge decide. They can ask a judge to do what they want, but it's up to the judge. They have power and they can usually afford more attorney than the individual can. In most cases, they win but not always. Most judges were just "people" at one time so hopefully the homeowner who challenges the "rules" can get a fair judgement.

 

[TX OMFS]

I suspect he is saying that the "law" is the "law" only until some black-robed tyrant decides that the plain letter of the law means something he prefers that day, despite fifty or more years of case law on the matter to the contrary...

Thank you. Furthermore, all it takes is one ignorant deputy and you take a ride even if you beat the eventual charges.

 

[Renegade]

I suspect he is saying that the "law" is the "law" only until some black-robed tyrant decides that the plain letter of the law means something he prefers that day, despite fifty or more years of case law on the matter to the contrary...

Asking again, if the law is already no projectiles leave property, what exactly is a lib judge going to change it to?

 

[TX OMFS]

Asking again, if the law is already no projectiles leave property, what exactly is a lib judge going to change it to?

No projectiles at all. It's for the children.

 

[Charlie]

No projectiles at all. It's for the children.

Absophokinglutely!

 

[Renegade]

No projectiles at all. It's for the children.

Seems inconsistent then with "Final opinion was keep all projectiles on your property and your are fine."

 

[wakal]

...but the sound was damaging to their little ears, and the sound was leaving the property so...