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Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:05 am
by Beiruty
C-dub wrote:I thought the state did have some restrictions on this. Minimum of 10 acres and minimum distance of 300 feet from any structures on others' property. Counties could also have their own, but I thought the state did have these. No?
This ^ what I know. A minimum of 10Acres in un-incorporated areas.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:08 am
by Beiruty
Also, if the projectiles leave the property the DA can shut it down (the shooting)..
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:11 am
by Tass
Legal-speak gives me a headache. It's like word problems from high school math all over again!
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:12 am
by suthdj
carlson1 wrote:I am no lawyer, but maybe this might help. I would guess this is where we hear the 10 acre minimum from.
§ 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 Search Term Begin 50 acres Search Term End 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.
§ 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 450,000 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 Search Term Begin 50 acres Search Term End 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.
This.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:15 am
by Pariah3j
My understanding was as long as you don't shoot across property lines and its not inside city limits then there is not much of a limit for shooting on private property - I'm sure there are a few counties that have enacted tougher restrictions so ymmv but that was the general rule from what I understood.
If they are being reckless and endangering your friend's livestock, they could reach out to a game warden and file a complaint/ask them to investigate.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:17 am
by Beiruty
So, the Cities cannot regulate FD on 10+ acres lots, but the county may or may not have any restrictions. Good someone corrected our compass.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:41 am
by TexasJohnBoy
More - If one of those projectiles crosses a property line, they the shooter has committed a crime.
http://www.statutes.legis.state.tx.us/D ... /PW.62.htm
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.
Class C Misdemeanor, granted, but I didn't want to get a Class C Misdemeanor traffic citation either.
Plus, it's just bad practice to ignore neighbors even if legally you can, this is the kind of stuff that gives gun owners/shooters a bad name.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 11:54 am
by oohrah
Beiruty wrote:C-dub wrote:I thought the state did have some restrictions on this. Minimum of 10 acres and minimum distance of 300 feet from any structures on others' property. Counties could also have their own, but I thought the state did have these. No?
This ^ what I know. A minimum of 10Acres in un-incorporated areas.
You are mis-reading it. A county cannot regulate more than 10 acres, but if the county chooses not to regulate at all, you can shoot on your property of any size, outside of any city limits, as long as the rounds do not leave the property.
The best thing the OP can do is monitor the activities for stray rounds, and they can prove the rounds left the property (proving the "range" is unsafe), they wil have a case. There is some civil case law where a range operator was forced to make safety improvements becasue of a neighbors complaint (see Chandler's Gun Range in Valley Mills, TX).
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 12:15 pm
by The Annoyed Man
I don't think your neighbor should have to do this because it involves some time, effort, and possibly money, but it does offer a solution...... why not just put up a berm along the affected part of the property line, on her side of the fence? It will have the effect of both blocking stray bullets, and noise reduction.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 12:58 pm
by Tass
TAM, Not sure a berm is feasible. The holding pens and runs were built using the existing fence line. Also that much dirt would affect the drainage in the area not to mention having to re-build all the pens/fences and move gates.
Just a bad situation.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 1:16 pm
by Pawpaw
Maybe your friend should build a pen as close as possible to the neighbor's house and raise a few pigs.
Have you ever been close to a pig pen? I can't imagine living with that stench all the time, but it's just as legal as their shooting.

Re: Shooting on private property...
Posted: Mon Nov 14, 2016 1:40 pm
by Tass
Pawpaw!

She actually does have a hog about ready to be bacon. I've raised pigs before and if the neighbor's home was closer to the fence line this would probably do the trick!
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 1:55 pm
by Pawpaw
Tass wrote:Pawpaw!

She actually does have a hog about ready to be bacon. I've raised pigs before and if the neighbor's home was closer to the fence line this would probably do the trick!
If it's only a one acre lot, the house can't be too far from the fence line.
Several years ago, one if my parent's neighbors was raising hogs. Everyone within a mile was complaining but there was nothing they could do about it. My parent's house sits in the middle of a little over 100 acres and it was still too close.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 2:14 pm
by Tass
The actual lot is approx. 8 ac. The pond/range is approx. 100' from the common fence line.
Re: Shooting on private property...
Posted: Mon Nov 14, 2016 2:25 pm
by The Annoyed Man
Tass wrote:TAM, Not sure a berm is feasible. The holding pens and runs were built using the existing fence line. Also that much dirt would affect the drainage in the area not to mention having to re-build all the pens/fences and move gates.
Just a bad situation.
Yeah, the idea just may not be feasible. It was just a thought....