Follow up to Texas 10 acre law on shooting

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Peter M. Eick

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I hired a lawyer and followed up on the legal aspects of shooting on my roughly 20 acres I bough in Bexar county. It is complex but in a nutshell, since I am outside San Antonio I can shoot some guns. But I am inside the ETJ (Extra Territorial Jurisdiction) for San Antonio, so there are limits.

In my case, I fall under 229.003 of the code and the criteria is as follows:

1) Over 50 acres - shoot anything, if more than 1000 ft from a property line of a school, hospital, commercial day care facility, and if more than 600 ft from a property line of a residential subdivision and multifamily residential complex and 300 ft from an occupied building.

I don't meet this criteria with my 20 so I fall under these rules.

2) greater than 10 acres, more than 1000 ft from a property line of a school hospital or commercial day care facility, 600 ft from a residential subdivision and complex and 150 ft from an occupied building.

In this case I can shoot, shotgun, air rifle bb gun or bow and arrow. No rimfire or centerfires allowed.

Obviously in both cases you must have taken reasonable care to make sure the bullet does not leave your property.

So for you Texans thinking about buying land, be careful about buying in Harris, Bexar and up by DFW as these are some of the parts of the states that the city can expand its ETJ and put city rules out in the county.

I got caught with the ETJ aspect of the law, but I bought the place to retire on and I figure I am better off then I am in Harris county now. I can't shoot anything here on my property.

Basic rules apply though even in the ETJ areas:
1) buy more than 50 acres and meet the distance rules stated above you can shoot anywhere in the state with up to a centerfire gun.

2) Buy more than 10 acres and meet the distance rules stated above, you are limited to shotguns and air rifles depending on the ETJ.

3) Buy less than 10 acres and local city rules can limit you to nothing.

Of course there is always the "just do it" but then you are breaking the law and risk the consequences.

In my case, I will probably set up a nice sporting clays section in my back 10 acres and start shooting my air rifle a lot more. There are some nice public ranges in the area that I can go blast centerfires on.
 
Yes, know the laws before buying so that you don't make the same sort of mistake. Critical to you, Peter, would have been the part of the law that you didn't cite...

Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality located wholly or partly in a county:

(1) with a population of 750,000 or more;

(2) in which all or part of a municipality with a population of one million or more is located; and

(3) that is located adjacent to a county with a population of two million or more.
 
Those figures sound like the typical stupidity of civil servants making rules for things they know nothing about. 150 feet is 50 yards. Been shooting a bow at 100 for eons. A 40 pound bow will send the arrow a lot father than that too.
They define what 'reasonable care ' is? Just curious. Without a legal definition you're open to the whims of a cop's discretion.
 
150 feet is 50 yards. Been shooting a bow at 100 for eons. A 40 pound bow will send the arrow a lot father than that too.

The buffers created are not meant to be greater than the distances capable, LOL. If so, then you would see buffers that were listed in miles, not feet or yards.
 
I now own homes in both Harris and Bexar counties. I live in the county of both but am in the ETJ of Houston and San Antonio on both again.

Sorry I left out the rest of 003. I should have quoted the criteria but I figured it could only really cover DFW area, Harris and Bexar counties.

So I can play with the shotgun, air rifle and bow hunting on my place and leave the Rimfire and Centerfire to the local ranges. While disappointing, I am not going to mess with the law about it since I like sporting clays. I have some great spots I can do it in the back section of the property.
 
Peter, make friends with some guys who live in the next county so you can shoot over there. It's not your land, but you might be able to shoot whenever you want if you're lucky.
 
Actually, any incorporated city in Texas can extend ETJ as long as the citizens so affected do not vote against the extension.

Your point about metro Huston, DFW, and the SA-Austin corridor are particularly valid for 229.003 applicability.

Washington Co. serves as a decent example. 229.003 does not apply, but several cities there (notably Brenham & Burton) have created ETJ which include the local city regs into "county" areas.

Add in MUD (Municipal Utility Districts) and it can be very hard to perform design work "out in the country" in Texas.
 
Just for discussion sake Peter:

Indoor ranges CAN be legal in any city limits. Would having an "underground, simple , say 15-25 yard one or two lane steel/concrete underground "personal" range that prevents sound and bullets from being a factor above ground?. As it would be strictly private and not available to the public, it might not be as expensive as it might sound.

I even considered a "basement" in a house located on an elevated portion of property that would have a door under ground accessing a combination shooting "range" , storm shelter and small storage area, vents and lights, etc. .

May fall under a different set of rules.
'
 
Good thought on the private range. I believe you are correct that a different set of rules apply since there are public ranges inside San Antonio city limits.

I was originally planning an underground range just for convenience sake. I wanted to minimize the air drafts so I was thinking about a 50 yard range made of 8 ft tall sewer pipes with dirt mounded up onto it. Since the bedrock is so close to the surface it does not make much sense going down but I could mound up on the top and sides.

I will have to investigate with my legal team that concept.

Thanks!
 
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