Shooting on private property...

[srothstein]

I guess being a former cop, I am the only one that thought of other laws. For example, there is Penal Code section 42.01 which says:

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
<snip other sections>
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

If it is spooking dogs on her property it might meet these requirements and you can get the local law enforcement involved.

[Wolfgang]

Why not just wait until perhaps the wee hours of the morning when they are asleep...then go out and shoot and wake them up?
I know two rights don't make a wrong, but if they complain then a person could say "Well, if you'll give me some consideration I'll give you some. Can we come to an agreement?"

[Lynyrd]

Why not just wait until perhaps the wee hours of the morning when they are asleep...then go out and shoot and wake them up?
I know two rights don't make a wrong, but if they complain then a person could say "Well, if you'll give me some consideration I'll give you some. Can we come to an agreement?"

Having had a bad neighbor, I wouldn't do that. It would probably escalate. But, I might fire 50 rounds or so every time they were shooting. Hard to get mad at someone doing the same thing you are doing.

[treadlightly]

I keep thinking there is a reason to revere the Four Big Rules beyond the mere selfishness of not being earthworm food any sooner than necessary. The hooligan neighbors are at least guilty of violating the need to be sure of one's target and what's behind it.

It shouldn't make any difference, but somehow this does.

Beyond simple discourtesy to common sense, breaking the fab four rules embarrasses the gun.

Silly. I know.

[K.Mooneyham]

I guess being a former cop, I am the only one that thought of other laws. For example, there is Penal Code section 42.01 which says:

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
<snip other sections>
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

If it is spooking dogs on her property it might meet these requirements and you can get the local law enforcement involved.

This is what I was thinking about, too. I mean, if they are shooting at all hours, even at night, then couldn't that be a case of disturbing the peace? Not sure she can stop them from shooting during daylight when most folks are expected to be awake anyway, but I would think nighttime would be a different ball game.

[The Dude]

If she goes that way, I sure hope her dogs don't bark a lot.

[rotor]

This is a Hatfields & McCoys situation. There is no win until the bad neighbors move.

[growlerVII]

...
I would call LE every round until someone started listening. ...

This is what I do anytime I see someone open carrying. I just don't like open carry and I don't care if it is a "right".

.......I see what you did, there.

[Soccerdad1995]

I guess being a former cop, I am the only one that thought of other laws. For example, there is Penal Code section 42.01 which says:

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
<snip other sections>
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

If it is spooking dogs on her property it might meet these requirements and you can get the local law enforcement involved.

I think the challenge is whether the noise is "unreasonable". Given that the county does not limit shooting, then it seems counter intuitive to argue that the noise level from a gunshot is an unreasonable amount of noise. I know that some areas have noise ordinances past a certain time of the night. That would make it a bit more black and white, if it was the case here.

[LeonCarr]

Retrain dogs, push up a berm on your friend's property with their consent , and put more rounds down range than the neighbors do :).

You will be more proficient with your firearms and the neighbors will get the message.

Just my .02,
LeonCarr

[puma guy]

Well. They might try contacting Obama's EPA and report lead contamination of a water source, but you better hurry!

[gemini]

This is a Hatfields & McCoys situation. There is no win until the bad neighbors move.

This /\.

I feel sorry for your friend. She has rude neighbors. However, many people move to the country to get away
from the crime, traffic, taxes, rules and regulations of city life. Most are self reliant. Most just learn to "deal"
with life without having to call a county LEO. That said..... in your friends case, IF it continues or even gets worse.
Call the local game warden if they are shooting at night. Especially during deer season (now). If they are
spotlighting at night while shooting.....the game warden may want to "investigate". That might be enough to
get the rude neighbors to cease. Most guys I know will give a call to the game warden if they will be hunting
at night or spotlighting (coons,coyotes,pigs). Its a courtesy call, not a legal requirement. Anyway, maybe your friend
might look into buying that little 8 acre tract.
How much land does your friend own or control?

[Smokey613]

I guess being a former cop, I am the only one that thought of other laws. For example, there is Penal Code section 42.01 which says:

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
<snip other sections>
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

If it is spooking dogs on her property it might meet these requirements and you can get the local law enforcement involved.

Here is the full law: http://www.statutes.legis.state.tx.us/D ... /PE.42.htm

(c) For purposes of this section:

(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

This is the applicable State law that can be applied in this instance. Since this is occurring outside a municipality it will be filed through the JP court having jurisdiction. We used to deal with this all the time when I was with the S.O. but I must admit, usually it was a non shooter moving next to someone who had been shooting on their own property for years. Continue to document the occurrence by notifying the Sheriff's Department, maybe even record their actions for a later criminal/civil court action. There are Decibel Meter apps for smart phones that can assist in determining the noise level or maybe invest in a dedicated device. Under no circumstance do you want to threaten or confront them beyond a verbal request to cease their actions. Continue to notify LE and let them handle the situation. Also realize, you can file the charges directly with the JP. It does not have to be filed by law enforcement but you do need to have an LEO advise them that such actions are unreasonable to meet the elements of the statute. Above all, remain the "complainant" and do nothing to place yourself into the "offender" role in this situation. When you finally have your day in court you want them to be the offenders, not you.