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Firearm discharge in city limits

2,465 Views | 7 Replies | Last: 10 yr ago by LawCC
mneisch
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AG
My friends family recently purchased approximately 27 acres in Harris County, with about 18 or so in Tomball city limits. However, municipal ordinance prohibits the discharge of firearms within city limits. Was there not a law passed in the last several years that over ruled any local ordinance and allows the firing of shotguns on tracts of land at least 10 acres of size (50 acres for rifle)? I have found vague newspaper articles referencing the law but want to see the specific wordage before we attemp to dove hunt out there.
spankfloyd
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AG
should probably still check with local authorities, but the Texas Local Government Code says:

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.
Added by Acts 2005, 79th Leg., Ch. 18 (S.B. 734), Sec. 4, eff. May 3, 2005.

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1230 (S.B. 1742), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 81, eff. September 1, 2011.
mneisch
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AG
^

After more searching I stumbled upon that. So it looks like it hinges on when the area was annexed. Not sure where exactly to get that information.
ursusguy
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AG
City clerk's office. The local game warden that handle the area probably knows too.
spankfloyd
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AG
Call up the City of Tomball, probably the Planning Department. They should be able to tell you.

Or the local Game Warden, like ursus said. Better safe than sorry. Even if technically ok, you never know if the local cops are up to date.
rather be fishing
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AG
Do they have plans to high fence it?
Sailor
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hehe, we used to dove hunt in Waco right next to the KXXV TV station on about 100 acres. Always got the cops called on us and always laughed our asses off when he told the TV folks we were within the law. Miss that place. Had awesome hunting and took 5 min to get there.
mneisch
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AG
This place is on our way home from work (we carpool) and about 3 minutes from his house. Would love to be able to stop on our way home and hunt for an hour or two.
LawCC
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Sailor, I coached a few games at the football field TCA used.. Refs would crap their pants when yall would start shooting.
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