Texas laws ?? - target shooting

[chuwee81]

Hi there, tried googling about it but still confused. I have heard someone told me that target shooting in a place other than designated shooting range is ok, so long as it's not in city limits and it's at least 200 yds away from any building. Sort of like fireworks law - you can do it as long as it's not in the city anymore.

Well i happen to live pretty out there (burbs) and my subdivision isn't even completed - empty lots. Heading out west for about half a mile, there are reservoirs and deserted piece of wooded land stretching about a mile away. So walk about half a mile on a flat land (wild grass, little patches of water, etc) and you see a raised wooded area, about 6 ft and it goes on for about a mile.

A couple of notes :
1. when i walked my dog there, i saw some shotgun shells, so someone discovered about this piece of land already and shot in it.
2. I own a house there, so even if the land belongs to the builder/ realtor, i don't think i am tresspassing - i don't have to jump through a barb wire or something.
3. The raised portion of the wooded area seems like it could make a good backstop (shooting into dirt) and you're facing away from the homes.

So here comes the question, is it OK (legal) to utilize this piece of land to shoot?

 

[chrisdelrosario14]

I have been wondering the same question you are. I'm tired of driving to the range and paying ten bucks each time just to shoot.

 

[rondog]

Nobody on an internet forum can tell you if it's OK or not. You'd better ask the landowner and/or the Sheriff's Office. If it's not the actual piece of dirt that you have title to, then if you don't have permission you WOULD be trespassing, IMO.

 

[rbernie]

If you don't own the land - you're likely trespassing (since there is almost no public land in Texas). Dunno that you want to deal with that.

Your next hurdle will be this:

Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.

(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.



Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff. Sept. 1, 1995.

I would imagine that 'recklessly' will be determined by the officer responding to the call about gunshots. This statute is located as a part of the 'Disorderly Conduct' article within the Texas penal code.

You can always look up Texas law here: http://www.statutes.legis.state.tx.us/

 

[LoneStarWings]

I've wondered about this myself.

My folks have 100 acres in the hill country that I shoot on, there's a house about every mile or so but I generally shoot into the side of a hill. It's not in any city limit so I guess it's probably all OK!

 

[BMF500]

If you're in the "burbs" you need to go to the range.

 

[TexasRifleman]

From the sound of the piece of land the OP has found it would not be legal to shoot there without permission from the owner.

Fencing is not a required element of trespassing in Texas and the chances that this is public land is almost zero, since Texas has very very little that is not specifically designated as a park etc.

 

[doc2rn]

Need to get the owner's permission first. I just had 3 young men shootin on my back 40 without even realizing there was a house on the other side of the trees they where shooting into. ~25 yds, yeah! So, better to ask someone who knows. Needless to say I got there info so as not to be blamed myself.

 

[theotherwaldo]

I'm about to buy ten acres, primarily to have a place to shoot.

It'll cost less than a decent shotgun.

Ten acres, BTW, is the minimum amount of land to own to legally hunt your land in Texas, AFAIK.

 

[TexasRifleman]

n acres, BTW, is the minimum amount of land to own to legally hunt your land in Texas, AFAIK.

Where do you find that?
Not saying it isn't true but I've never seen that anywhere.

 

[mgkdrgn]

The "real deal" will be finding the owner of the bit of ground you have your eye on and getting their permission, preferably in writing, to shoot there.

Just because a place in every other way meets the legal requirements of a place you can shoot, doesn't give you the right to go trespassing there to shoot.

 

[Double Naught Spy]

I'm about to buy ten acres, primarily to have a place to shoot.

It'll cost less than a decent shotgun.

Land is $20 an acre where you are?

Ten acres, BTW, is the minimum amount of land to own to legally hunt your land in Texas, AFAIK.

Gee, I think I must have missed that law as well.

Later....

Yep, on checking the regulations, I would say it is dead wrong as stated. There are hunting lease licenses for acreage ranging from 1-499 acres. 1-9.99 would be less than 10, but they will issue a hunting lease license for acreage that small.

However, there is a provision that says you cannot hunt in a subdivision with lots l10 acres in size or less in an unincorporated area of a county if the commissioners court, or by order, prohibits the discharge of a firearm or use of archery equipment in such subdivisions. This can be found on page 58 of the new 2009-2010 hunting regs summary.

So if you aren't in a subdivision or are in one that isn't regulated by order of a commisioners court, the 10 acre rule does not apply.

So by waldo's account, he would still be wrong. 10.01 acres would be the minimum, not 10 acres as the law states 10 or less.

Still later...
Here is the pdf if you don't have the new regs in hand...
http://www.tpwd.state.tx.us/publications/nonpwdpubs/media/regulations_summary_2009_2010.pdf

So here comes the question, is it OK (legal) to utilize this piece of land to shoot?

Not without permission and not if the property falls under the regulations noted above.

 

[DHJenkins]

It's important to note that just because someone hasn't purchased the empty lot you want to shoot on, it is more than likely still private property belonging to the developer (owner) of the subdivision; and, knowing how land developers operate (I work for one), due to the liabilities involved, they will more than likely *not* be OK with you having target practice on the land.

 

[chuwee81]

Thanks to everyone that replied. looks like i got a lot of reading ahead of me. Will follow all the posted links above.
Sad that the nearest shooting range that would allow any sort of rapid fire is about more than an hour away.

 

[LRaccuracy]

Check with your Sheriff...

 

[AKElroy]

Ten acres, BTW, is the minimum amount of land to own to legally hunt your land in Texas, AFAIK.

I think this misconception arises from typical land use restrictions. Most neighborhoods that have larger tracks limit the ability to shoot a firearm to those owning 10 acres or more. Restrictions are set by the developer, enforced by the HOA, and are usually copied from typical standard language, so this 10 acre minimum has become widespread.

 

[theotherwaldo]

Down here on the border the 10-acre rule is pretty much carved in rock. Lots of folks will call the cops if you shoot and they can hear it. So ten-plus acres it is.

The last shotgun that my shooting buddy pointed out as "decent" was over $2500.00. I told him that I'd rather buy a place to shoot.

 

[M2 Carbine]

I've been shooting on my ground since the late 60's.
I've got a pistol range in the backyard on 8.5 acres,


and a 100 yard rifle range in the woods on 10.5 acres.

The lower 50 yards of the 100 yard range.


Where ever you shoot and no matter how large your ground, it's your responsibility to see that a bullet doesn't leave your ground.


The surrounding area and neighbors will decides if a shooting range is accepted or will be met with a lot of resistance.

For instance if my closest neighbor, about 175 feet from the shooting bench, doesn't hear me shooting every few days he calls me to see if I'm sick or something.

A new neighbor has a very nice horse ranch across the road. Some months ago the first time I met them the lady asked, "Are you the one that does all the shooting?" Now you just don't know where that question is leading.
I said, "That's me".
The lady said, "Will you teach me to shoot?"
I said, "I'd be glad to".
She is going for her Concealed Carry License qualification this week.

2. I own a house there, so even if the land belongs to the builder/ realtor, i don't think i am tresspassing - i don't have to jump through a barb wire or something.

If you don't own the land you are standing on, in most cases you are probably trespassing. You need to do some research.

 

[CapnMac]

Here in Texas you also have to watch carefully for ETJs. Cities can enforce municipal laws in their declared Extra-Territoial Jusrisdictions. Since the muni in question has "staked a claim" to an area for future annexation, they get to start supplying muni services. In return they get to apply muni restrictions.

Now, mostly I run into this when people want to develop their "rural" lot and I have to disappoint them that they have to conform to "city" regs and permits. But, I also know of situations where the Constable or Sheriff has been called to prevent/stop even casual plinking.

Ok, rules are rules. ETJ rules are irksome for development. Locally, I find them worse as it sends folk to "gravel pits" and along the rivers to go plink (so that they can really be illegal). Can make a person feel torn--pay $10 and wonder about the folk at the public range; or go find one of the few remaining "quiet spots" and risk the deputies.

 

[Double Naught Spy]

Down here on the border the 10-acre rule is pretty much carved in rock. Lots of folks will call the cops if you shoot and they can hear it. So ten-plus acres it is.

That may be for where you are in your subdivision, but certainly not a state law as there isn't a minimum.

 

[Acera]

Sec. 62.012. WRITTEN CONSENT TO HUNT OR TARGET SHOOT REQUIRED. (a) This section applies only to a county having a population of 3.3 million or more. This section does not apply to a person hunting or target shooting on a public or private shooting range.

(b) Except as provided by Subsection (d) of this section, no person possessing a firearm may hunt a wild animal or wild bird, or engage in target shooting on land owned by another unless the person has in his immediate possession the written consent of the owner of the land to hunt or engage in target shooting on the land.

(c) To be valid, the written consent required by Subsection (b) of this section must:

(1) contain the name of the person permitted to hunt or engage in target shooting on the land;

(2) identify the land on which hunting or target shooting is permitted;

(3) be signed by the owner of the land or by an agent, lessee, or legal representative of the owner; and

(4) show the address and phone number of the person signing the consent.

(d) The owner of the land on which hunting or target shooting occurs, the landowner's lessee, agent, or legal representative, and a person hunting or target shooting with the landowner or the landowner's lessee, agent, or legal representative are not required to have in their possession the written consent required by Subsection (b) of this section.



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.

 

[Art Eatman]

There is a local option deal for county commissioners to restrict the discharge of firearms on tracts smaller than ten acres. Bandera County is one; Harris County (Houston) is another. Those are the only two of which I know for sure.

Developers of unfinished rural or suburban subdivisions are naturally scared spitless of liability lawsuits. While walking-around trespassing may well be ignored, they're very much exposed to liability if they allow shooting.

 

[calaverasslim]

Like you, I can't find it anywhere, but I own 20 acres and shoot all the time. I called the County Courthouse and talked to a deputy there and he is the one who told me about the 10 acre rule.