Texas Specific shooting question

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Peter M. Eick

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Houston, TX
I am in the process of buying about a 20 acre ranch in Bexar County Texas.

Having done a bunch of searches and research it appears that in Texas, if you are over 10 acres and not in the city limits of a city of greater than 100,000 people, then you can shoot on your own land if you can make sure your bullet stays on your land.

I have found a bunch of Bexar county recommendations to developers asking that 10 acres or less be HOA limited to no shooting but over 10 acres they don't address.

I have found one law that could be read that you can do shotgun, air rifle/pistol and archery on 10 acres, but centerfire/rimfire I need 50 but it is poorly worded. It could also be read that over 10 I am good with CF/RF as long as I keep the bullet on my property.

So, over 10 acres? Check
outside the city limits? Check
in unincorporated part of the county? Check
over 300 ft from an occupied building? Check
Keep the projectile on the property? with a bit of work, check

So I believe I am good to go.

But,

How do you check for sure? Go out and pop off a few rounds and see if the police show up? Write a letter to the county attorney and ask for an opinion? Hire a lawyer to research it more? I guess how far to do I go to be sure?

I am going to buy the property because at worst case I am in the same as I am today and just drive to the range.
 
The relevant law is Sec. 229 of the Local Government Code:

Sec. 229.001. FIREARMS; AIR GUNS; 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, 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 or air guns 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 concealed 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
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the property owner.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm or air gun is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm or air gun is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm, air gun, or ammunition from an individual who is lawfully carrying or possessing the firearm, air gun, or ammunition.
(e) In this section:
(1) "Air gun" means any gun that discharges a pellet, BB, or paintball by means of compressed air, gas propellant, or a spring.
(2) "Sport shooting range" has the meaning assigned by Section 250.001.
(f) The attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a municipality adopting a regulation in violation of this section.



Sec. 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.



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.
(b) Notwithstanding Section 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:
(i) more than 1,000 feet from:
(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
(b) the property line of a school, hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential subdivision; and
(b) the property line of a multifamily residential complex; and
(iii) 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;
(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:
(i) more than 1,000 feet from:
(a) the property line of a public tract of land, generally accessible by the public, that is routinely used for organized sporting or recreational activities or that has permanent recreational facilities or equipment; and
(b) the property line of a school, hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential subdivision; and
(b) the property line of a multifamily residential complex; and
(iii) 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; or
(3) discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.



Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality located in a county in which the majority of the population of two or more municipalities with a population of 300,000 or more are located.
(b) Notwithstanding Section 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 on or before 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 100 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 100 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.
 
Interesting...

For what it is worth, I have 22 acres in Lee county (between Austin and Houston) and have been shooting center fire pistol and rifle there for years. I didn't even know about the 50 acre requirement until I read this post.

I guess that's part of the attraction to the country...not so many rules that people bother about.

If you have a good backstop and talk with your neighbors about it I'm sure all will be fine. They'll probably want to come over and shoot too.

The best part for me about shooting on my place is I can move while shooting. Learned very quick that gun ranges teach really bad habits about standing still.

Enjoy!
 
I didn't even know about the 50 acre requirement until I read this post.

For clarity: It is not a requirement. You can legally shoot your rifle on 1/10th of an acre if county and city laws allow. They aren't required to allow, but they may if the place is rural enough.. If you have 50+ acres it is harder for the county/city to say no to your rifle shooting.
 
Just be aware that Texas has some peculiar laws regarding ETJ's - Extraterritorial Jurisdictions - that allow some cities to exert control on areas beyond their own borders.
 
HankB,

You are right about the ETJ's. I am right on the boundary of the San Antonio ETJ, so I need to know when they expanded it to my property boundary. Before or after 1981.

I think I come under 002 above where I can shoot shotgun and air guns depending on the ETJ. I have read that ETJ's can exert authority beyond the boundary by a few miles.

So, I still come back to what do I do? They way I read the law, I should be good to go, BUT there is the "my read" and the legal read of someone who knows what they are doing.

I am leaning toward writing the DA for the county and ask for his opinion, but I doubt he would respond to a letter from a citizen. So I guess that forces me to get a lawyer to draft the letter.

I really want a "get out of jail free" card when/if the police knock. My other choice is to just go to the county police department and start asking questions there to see what they know. My phone calls so far have been unanswered.
 
Talk the the sherriff. He'll tell you the rules. They would likely be the ones called for 'shots fired' so he would be in the best position to know.
 
Talk the the sherriff. He'll tell you the rules. They would likely be the ones called for 'shots fired' so he would be in the best position to know.

I think that depends entirely on the sheriff. Sometimes its better to beg for forgiveness than ask for permission.

Not saying to do anything that is illegal, but some officials might have a negative opinion about a legal activity and could certainly make your life more difficult even when you're within your rights.
 
vamo said:
...I think that depends entirely on the sheriff. Sometimes its better to beg for forgiveness than ask for permission.

Not saying to do anything that is illegal, but some officials might have a negative opinion about a legal activity ....
If you're going to take that path you need to make absolutely sure that what you're going to do is definitely legal. If it's questionable, "asking forgiveness" might very well involve a very hefty bill from a lawyer.

Best way to cover yourself is talk with a good lawyer front end.
 
"Municipalities" = cities, as within city limits.

ETJs have to do with utilities, mostly.

Some counties have passed the 10-acre rule against shooting. It's one of the very few ordinance-making powers that county governments have. Harris County is one; Bandera County; Parker, and Montgomery. But, in any county where you have 10.01 acres? Bang.
 
If you're going to take that path you need to make absolutely sure that what you're going to do is definitely legal. If it's questionable, "asking forgiveness" might very well involve a very hefty bill from a lawyer.

Best way to cover yourself is talk with a good lawyer front end.

True and I should have emphasized that point.
 
Think about setting up a tunnel in front of the shooting bench.Like some 36"drainage culvert about 8'long.This way no"wild"shots aimed too high can go arcing off to the neighbor's land.It would help mitigate the sound of the shots too.
 
There is a private centerfire pistol shooting range in Schertz, TX Guadalupe County, thats on about 25 acres (?) JUST north of I-35. He construsted a simple berm (too low in my opinion) and has no problems with the local law enforcement. A lot of open land North of the property.

Converse (city of) police allow airguns in small back yards. I use a bullet trap for practice, and incidentally 117 squirrels haven't eaten my pears or tomatoes for the last few years..

Talk to your local law enforcement folks before you take the step.
 
I am a mile outside of the city limits on just over 10 acres and shoot in my backyard, even SMG's.

When we moved here I think some of the neighbors were trying to "break us in" by shooting at first.

No calls or visits though...

Did build a bullet trap though. 16' wide and 8' tall.
IMAG0959.jpg
 
You are a lucky man. My dream is to move back to the TX hill country and retire one day on 10 acres of land. Beautiful pic and nice setup!
 
That is what I set my criteria as. At least 15 acres (just to be sure) and outside the city. What I found is just about 20 so I am really sure I can meet the requirements for being far enough from occupied houses and do it safely making sure my bullets stay on my property.

Where I am buying is nearly 20, outside the city and has some natural boundaries and barriers that I will use to my advantage to make a nice bullet stop. As a hard core reloader I want my lead back so I can melt it and use it again. I really like the bullet trap you built in the picture above. It gets me thinking.

I have decided JUST TO BE SAFE to retain a lawyer in get a legal workup done. I might as well be prepared and have his number in my phone if trouble comes and there is a difference of "opinion".
 
Art,

There is a real nice 10 point on the property right now. It turns out that mine and the neighbors (also about 20 acres) are the two big properties for about a mile radius. I also have a nice meadow, intermittent stream and spring on the property with a lot of grass around it. No one high fences since it is more large tract subdivision but I don't think anyone else is 10 acres or more. Most are 1 to 3 acres.

I am not really a hunter but who knows.
 
There's a clock feeder outfit on the north end of San Antonio. I've used them; they work great. Programmable and all that neat stuff.

A mix of corn and milo brings in all manner of critters, including dove and quail.

Hmm. Probably oughta close this and go to the Hunting forum. :)
 
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