Tx law on minimum acreage for discharge of firearms?

[Hos]

Thanks MB for the tip. I called Johnson Co. Sheriff's office. He said the county has no law for less then 10 acres but that I'm accountable for my bullets to stay on my property and to be mindful of neighbors. Cool, now I'm off to Cabelas to mod up this Ruger .22 bad boy. Thanks again for everyone's assistance.

I still faxed the county attorney's office again for I'd prefer to hear it from them too.

[kuh99fuss]

Shooters Beware!! I just did some in depth on shooting in Comal County. The order adopted by the commissioners court in 1987 pretty much copies the same one adopted by all counties. Specifically it says this order is applicable to less than 10 acres, and is applicable only to subdivisions where a plat must be presented to the county. On the one hand it looks like the intent was it should apply only to planned subdivisions where a ranch is chopped up into lots, streets laid out, etc. I contacted the Comal County attorney's office and they are essentially taking the position that the law applies to ANY piece of land that was cut off a bigger piece of land, no matter if it is a planned subdivision or not. I have no idea how aggressive the county sheriff is with this "interpretation." It appears to me, and I am no lawyer, that the county attorney is overstepping his interpretation authority. That said, a given law is only as sound as the first precedent setting court case. A person could test the system by shooting on a "non-subdivision" piece of land less than 10 acres, get arrested, and have his/her day in court. You might win, but look at the pain and attorney fees you would have to go through to do so. Unless we are willing to test the system, we should simply bow down and refrain from discharging firearms on parcels of land less than 10 acres..................

[surprise_i'm_armed]

In Nacogdoches County, outside of the city limits I know some people
who have a 5 acre property and the houses on their county road are
widely spaced, but I doubt the neighbors have 10 acres or more.

When visiting, the neighbors would be blowing off ammo to beat the
band, but the Nac County Sheriff's Dept. was never around, so it seemed
to be OK to shoot there without LEO's spoiling the fun.

Any Nac County folks here?

[Hos]

I think it's a county by county issue, that's possibly unfortunate for your county though!

The above section pertains to municpalities.

For counties, the following applies:

Sec. 235.022. AUTHORITY TO REGULATE. To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

I just bought some acres (less then the magical number of 10 acres) in an unincorporated part of Johnson County and I had to do a plat as part of my building permit and it was technically a subdivision even though I was the only "resident" in it. It's NOT a planned subdivision. The county attorney refused to give their opinion on my case but I talked to the Sheriff's office 2x and they were ok with me shooting within guidelines. Therefore, I don't think the attorney is over stepping their limits but maybe your local Sheriff's office would have some first hand experience and assist for I'm no attorney either. Happy shooting (hopefully).

[Wheeless621]

Your protection against the County regulations lies in Senate Bill 734. It is a bill that covers your rights as a hunter and overrides many county regulations. Read it carefully, it only covers certain aspects.

[KLB]

I think you're reading these codes wrong.

Yes. These statutes limit the power of municipalities and counties to impose restrictions on firearm discharges, but the statutes themselves do not limit discharges. I've made no survey of county rules, but I suspect at least some rural counties have no rules. I also expect most if not all cities and towns have rules. But again, I've made no survey.

[KLB]

I just bought some acres (less then the magical number of 10 acres) in an unincorporated part of Johnson County and I had to do a plat as part of my building permit and it was technically a subdivision even though I was the only "resident" in it. It's NOT a planned subdivision.

Texas Local Government Code Sec. 232.023 requires a plat when a tract of five acres or less is split off. Counties have the authority to require plats when a tract of of up to 10 acres is split off.