Texas 10+ acre law for discharging firearms?

[Rushthezeppelin]

On a local gun forum there is a running discussion of a shotgun newb wondering what to use for snakes and other varmints on the 15 acre property he is moving to. This property is in my city of Hutto and I informed him of the ordinance that seems to prohibit discharging firearms within city limits with very few exceptions (LE, self defense and police approved range according to my best reading of the legalesse). Someone else says that the 10+ acre state law overrides this but I'm having trouble finding anything current and concise on exactly how this law works and if it would apply to my future neighbor (well sort of I live in a subdivision but same city). How exactly does this law work if it actually exists (I can't find anything concise at all but I'm fairly new to law digging).

Thread is here if you want more specifics: http://www.texasguntalk.com/forums/...wbie-needs-advice-hutto-property-control.html

Here's the legalesse

ARTICLE 8.06 FIREARMS*

Sec. 8.06.001 Definitions
Firearm. Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, by means of compressed air, compressed gas, springs, or any other means capable of discharging shots, cartridges, pellets, missiles, projectiles or any object, or any device readily convertible to that use. Firearms specifically include, but are not limited to, the following:
(1) Rifle;
(2) Shotgun;
(3) Automatic rifle;
(4) Revolver;
(5) Pistol;
(6) Handgun;
(7) Sawed-off shotgun;
(8) Air gun;
(9) Pellet gun;
(10) Paintball gun;
(11) BB gun; and
(12) Spring gun.
Replica firearm. Any object or device that is a toy version or facsimile of, or is reasonably likely to be perceived as, a pistol, revolver, shotgun, rifle, or other firearm.
Sec. 8.06.002 Discharge prohibited
(a) A person commits an offense if the person discharges any kind of firearm or other weapon designed for the purpose of firing or discharging a shell, cartridge, or a projectile of any kind, regardless of whether the shell or cartridge is blank or live ammunition, within the city.
(b) It is a defense to prosecution under this section that:
(1) The person was a law enforcement peace officer acting in the performance of his or her official duty;
(2) The person was at a shooting range operated by the United States government, the state, or a political subdivision of the state, or which is privately operated, if approved by the police department;
(3) The person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization;
(4) The person discharged the weapon in the protection of life or property as defined in the penal statues of the state, so long as such discharge was not done in a reckless or negligent manner; or
(5) The person was participating in an amusement arcade or paintball amusement facility or event specifically authorized or permitted by the city.
Sec. 8.06.003 Replica firearms
(a) A person commits an offense if he or she displays or brandishes a replica firearm within the city in a manner or under a circumstance that causes another person to:
(1) Reasonably believe that the replica firearm is actually an operable firearm; and
(2) Fear imminent bodily injury from a firearm.
(b) It a defense to prosecution under this section that:
(1) The person was a law enforcement peace officer acting in the performance of his or her official duties;
(2) The person was at a shooting range operated by the United States government, the state, or a political subdivision of the state or which is privately operated, if approved by the police department;
(3) The person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization;
(4) The person discharged the weapon in the protection of life or property as defined in the penal statutes of the state, so long as such discharge was not done in a reckless or negligent manner; or
(5) The person was participating in an amusement arcade or paintball amusement facility or event specifically authorized or permitted by the city.
Sec. 8.06.004 Liability of parents
(a) No parent or any other person having legal control or custody of any child under the age of seventeen (17) years shall allow or permit such child to discharge, display or brandish any kind of firearm or replica firearm within the city.
(b) A violation of this article by any child under the age of seventeen (17) years shall be prima facie evidence of the guilt of the parent or person having legal control or custody of such child.

Also wondering if laws allowing open carry of long guns in the state preempt the local ordinance that seems to not allow you to even OC a long gun (or even a toy gun it seems in some circumstances) in your backyard.

 

[Peter M. Eick]

I would really like to know this myself. I am looking for retirement property and was told 80 acres is what you need to have a private shooting range so I have been looking for 80 acres and up. If it were only 15 and up that makes the whole concept much more financially reasonable.

So, what is the real answer on the limits in general (as I am sure every city has probably some rule on the matter) for Texas?

 

[calaverasslim]

The private gun club I belong own about 45 acres (I think). Around that for sure. Anyway, that shoots the 80 acre theory down.

 

[Art Eatman]

While there may be others, I know that Harris County and Bandera County have the 10-acre minimum deal. Over ten acres? Bang! (Stipulating that the acreage is outside city limits and city restrictions.)

The state law is that counties are allowed to impose such a restriction. It's not a statewide, state law restriction.

Heh. Go, Hippos!

 

[Rushthezeppelin]

While there may be others, I know that Harris County and Bandera County have the 10-acre minimum deal. Over ten acres? Bang! (Stipulating that the acreage is outside city limits and city restrictions.)

The state law is that counties are allowed to impose such a restriction. It's not a statewide, state law restriction.

Heh. Go, Hippos!

See that's what I figured and had heard in the past. I tried searching Williamson County laws but came up empty on google (or rather startpage.com....shameless plug of non-info logging search engine that gives you google results ).

Also glad to see you know about my town. The story behind the mascot is kinda funny too, I live a hop, skip and a jump away from the spot on Brushy Creek were that hippo decided to make his home

 

[Rio Laxas]

When I lived near Houston, I belonged to a private range that was right at 20 acres in Waller County.

 

[shiftyer1]

I've always been told over 5 acres in Bastrop county, and there is now a gun range in elroy texas which is in travis county that looks to only be an acre or 2?

 

[MADDOG]

Parker County in Texas has the 10 acre law. It changed a few yew years ago and many dislike the change.

 

[Rushthezeppelin]

I've always been told over 5 acres in Bastrop county, and there is now a gun range in elroy texas which is in travis county that looks to only be an acre or 2?

Why do all these ranges keep going up in every other corner of the Austin area besides where I live. Closest thing to me is Austin Rifle Club and I haven't gotten around to becoming a member yet, just been to a few IDPA matches there so far. Would think Taylor area would be a prime candidate for building a range considering land is cheaper up here than SE Austin metro.

 

[Rushthezeppelin]

Well sure enough there is a State preemtion regulation on this. Guy in the forum who disputed my claim came through with the answer. http://codes.lp.findlaw.com/txstatutes/LG/7/A/229/229.002

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.

Seems as if you have a proper backstop they cannot limit you as long as you are not within 150 feet of a residence, no matter what your property size (which still precludes me in my subdivision ><). And of course any other time you can shoot a shotgun on 10+ acres or with a rifle on 50+. Glad to see this, although I wonder how many times jurisdictions more restrictive than state law allows have actually been fought when they try and break this.

 

[RetiredUSNChief]

Snakes: Stick.

Everything else: Trap and dispose. Heck, you can trap and dispose of snakes, too, for that matter.


There, that takes care of issues related to firearms.

 

[Byrd666]

Thanks for the info. I've been looking for this myself.

 

[Mainsail]

OK, so what's so great about Texas?

I live a pretty free state, I can carry openly or concealed (or anywhere in between), CPL costs about $50, no classes or tests to get one, and literally thousands of miles of NFS roads and hundreds of square miles of forests to shoot in, backpack, fish, hike, camp (with a real campfire and NO permission needed), even set up a campfire and shoot targets from the comfort of a camp chair. Moderate climate, low humidity, green mossy rainforests, alpine mountaintops, no poisonous snakes.....

 

[lobo9er]

Interesting... Texas isn't with out their own odd ball laws too. 80 acres especially sounds a bit excessive if that is what that particular county requires.

 

[Rushthezeppelin]

OK, so what's so great about Texas?

I live a pretty free state, I can carry openly or concealed (or anywhere in between), CPL costs about $50, no classes or tests to get one, and literally thousands of miles of NFS roads and hundreds of square miles of forests to shoot in, backpack, fish, hike, camp (with a real campfire and NO permission needed), even set up a campfire and shoot targets from the comfort of a camp chair. Moderate climate, low humidity, green mossy rainforests, alpine mountaintops, no poisonous snakes.....

Your making me miss Arizona : / Why ohhh why did I not get into guns when I lived out there. I could have OCed and drove just outside of town (lived in Phoenix area for a while) and set up targets to my hearts content with no range fees. At least I got to enjoy some awesome hiking and fishing while I was there but man did I miss out on so much more.

So do you catch your trout with the artful sport of fly fishing or are you just another lazy corn under bobber/spinner chucker? : P

 

[Cypress]

Yep, Texas sux. Stay Away!!!!!

 

[Queen_of_Thunder]

Yea Texas is bad. We are just chompin at the bit to get to a state like NJ,NY or Ca. So save yourself the trouble of living in Texas and not come here.

 

[The_Next_Generation]

As great as TX would be, I do love living in WA when it comes to outdoor recreation. From mountaineering to sand-dune sledding...we got it

 

[Art Eatman]

Enuf. Excessive OT...