TexasCHLforum.com

Interesting article I found at the Ennis news web site. Thought I pass it along.

Michael




http://www.elliscountypress.com/news/13 ... 07-03.html

Waxahachie’s ordinance is, according to an analysis of municipal ordinances, the strictest.

Discharging of firearms, according to Section 21-6 C of Waxahachie’s code of ordinances, states, "It shall be unlawful for any person other than a peace officer in line of duty to discharge a firearm within the City limits of the city of Waxahachie."


This part kinda sounds like they want to MAKE US THINK they will prosecute us for defending ourselves or family.

Not sure what they want us to "Think". But, most Cities have a similar ordnance. It's a safety and noise thing.

I seriously doubt that any DA, (in ANY City) (Except in DC and Chicago) in his right mind, would attempt to prosecute anyone under this ordnance for discharging a weapon in self defense.

This kind of ordinance is pretty common. They would be nuts to prosecute someone who fired a shot in self-defense. The accused has the defense of necessity. In any case, it can only be a class C misdemeanor.

- Jim

I agree with longtooth. That's how I understand it also.

longtooth wrote:Waxahachie’s ordinance is, according to an analysis of municipal ordinances, the strictest.

Discharging of firearms, according to Section 21-6 C of Waxahachie’s code of ordinances, states, "It shall be unlawful for any person other than a peace officer in line of duty to discharge a firearm within the City limits of the city of Waxahachie."


This part kinda sounds like they want to MAKE US THINK they will prosecute us for defending ourselves or family.

I live in the extra-territorial jurisdiction of a town. I don't get police or other city services but they can tell me that it is illegal to discharge a firearm within 1000' of city boundaries.

It's been that way for decades but it's just wrong!

seamusTX wrote:This kind of ordinance is pretty common. They would be nuts to prosecute someone who fired a shot in self-defense. The accused has the defense of necessity. In any case, it can only be a class C misdemeanor.

Then why make an exemption for peace officers? That right there shows their bias.

I've looked at a number of city ordinances. Many of them are close to identical. I suspect that they are based on a model set of ordinances.

I searched the web for "It shall be unlawful for any person other than a peace officer in line of duty to discharge a firearm" and found thousands of matches.

We really can't know what the city council had in mind when they drafted the ordinance, unless we figure out who did it and ask them.

I will note that Waxahachie and that part of Texas in general are not exactly bastions of liberalism.

- JIm

I don't know the political nature of the area, but speaking in generalities, it would seem inconceivable that the town fathers had self-defense in mind when they wrote this ordinance. In fact, it would seem to me inconceivable that any small town in Texas would have an animus against the discharge of a firearm in self defense. Granted, the law of unintended consequences may apply, but if I were a defendant under prosecution for having fired my weapon in self defense, I would subpoena the folks that wrote the law to have them clarify what was on their minds when they wrote it; because I'm sure that if they turned out to be hostile witnesses, they would lose their jobs.

Such a law would have been better written if it had incorporated room for legitimate self-defense, and definitions of what constituted a legitimate discharge of a firearm within city limits.

It would never get that far. If a cop arrested someone on a charge of discharging a firearm within city limits after shooting a burglar or robber, his lieutenant would probably give him a noogie. If the city attorney prosecuted, he would become a laughingstock.

- Jim

Section 21-6 C "It shall be unlawful for any person other than a peace officer in line of duty to discharge a firearm within the City limits of the city of Waxahachie."

(a) unless in the act of self defence as defined by the state of Texas penal code.

Be kinda cool to see that added, just to remove any kind of doubts or concerns...

I dunno, just shooting from the hip here...Outside the city limits of course...

Didn't the legislature pre-empt all firearms legislation? Or was it only relating to carry?

Chuck

Local government bodies can regulate the discharge of firearms.

Local Government Code §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

They can't regulate ranges out of existence by fiat, either. But there are ways to accomplish that.

- Jim

and that's why I live outside city limits.

seamusTX wrote:Local government bodies can regulate the discharge of firearms.

Local Government Code §229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.

They can't regulate ranges out of existence by fiat, either. But there are ways to accomplish that.

- Jim

Yah, but most cities are pretty good about allowing ranges, granted you have to go through a lot of loops to open one.