What is a "tract" for purposes of the 10-acre rule?

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AlaskanInTexas
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What is a "tract" for purposes of the 10-acre rule?

Postby AlaskanInTexas » Thu Nov 13, 2014 3:43 pm

Me and a friend are purchasing 12-acres in a quasi-rural suburb of Dallas. He would own 6 acres and I would own the other 6 acres (we are building our separate houses on each tract). We both like to shoot a fair amount and would like to be able to shoot .22lr and shotguns on the land (the town has a ban on discharging firearms). There is an exception for shooting these types of firearms on a tract of land of at least 10 acres:

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.

I am trying to think through whether we could somehow combine our properties to reach the 10 acres. For example, could we cross lease each others land (I own mine and lease his, and he owns his and leases mine) so that we each have right to possession of 12 acres? Just started thinking about this, and haven't done a lot of research yet.


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Re: What is a "tract" for purposes of the 10-acre rule?

Postby cb1000rider » Thu Nov 13, 2014 5:30 pm

If I was defending against municipality enforcement, I'd want to show that I own a 10 acre tract properly platted on tax records. I think this would be indisputable.
As you're not going to have that, leasing or showing an agreement might meet the requirement, but I'd want to have something in-hand that is formal.

That being said, I'd not worry about meeting those requirements out of the gate. I'd worry about talking to my neighbors and heading off any possible calls related to firearm activities. If the neighbors are good with the activity, you never have to defend anything... Likely if the PD is called there are other ways to enforce unwanted activities.

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Re: What is a "tract" for purposes of the 10-acre rule?

Postby Wolverine » Thu Nov 13, 2014 8:11 pm

cb1000rider wrote:If I was defending against municipality enforcement, I'd want to show that I own a 10 acre tract properly platted on tax records. I think this would be indisputable.

:iagree: That's ideal. Contiguous properties with the same owner may qualify. Contiguous properties with different owners probably won't stand up to a determined busybody.

However, that law restricts what they can regulate. It doesn't require them to regulate target shooting on smaller properties. Neither does the similar law covering unincorporated areas.

Good luck.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby OneGun » Thu Nov 13, 2014 8:55 pm

I suggest you talk to a real estate attorney first and ask if (1) you can structure a land transaction such that you can combine the two tracts in the manner you desire and (2) if such a combination would allow you to discharge a firearm. The reason for my suggestion is that I have seen ordinary civil servants make stupid interpretations of the laws. For example, a student at the local high school was expelled and charged with a felony firearm charge because he used a Sharpie to draw a picture of a gun at a school. Keep in mind, it is only a two dimensional drawing, but the school alleged that that is equivalent to actually bring a loaded firearm into a school.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby cyphertext » Fri Nov 14, 2014 8:46 am

First, was the land annexed after 1981? If annexed before, you are dead in the water. Second, you said shotguns and .22lr... for .22lr, you have to have 50 acres to shoot when the land has been annexed inside the city limits. I doubt your idea will work, as the land is deeded as 6 acres, and taxes are collected as such, but you should talk to an attorney after determining if the land was annexed after 1981.

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Re: What is a "tract" for purposes of the 10-acre rule?

Postby VMI77 » Fri Nov 14, 2014 12:12 pm

cyphertext wrote:First, was the land annexed after 1981? If annexed before, you are dead in the water. Second, you said shotguns and .22lr... for .22lr, you have to have 50 acres to shoot when the land has been annexed inside the city limits. I doubt your idea will work, as the land is deeded as 6 acres, and taxes are collected as such, but you should talk to an attorney after determining if the land was annexed after 1981.


True, but it depends on where you live too. Many of my coworkers have less than 10 acres and shoot rifles, pistols, and shotguns on their property without any hassles. They don't meet the requirement but everyone is doing it and there is no enforcement. Still I made sure I got more than 10 acres and far away from any city limits. I hear my neighbors shooting just about every day.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby srothstein » Sun Nov 16, 2014 12:54 am

Just to be safe, I would have the land replatted with your house site as one 3/4 acre parcel owned by you, your friend's house site as a 3/4 acre parcel owned by him, and the rest of the land in a single 10 and 1/2 acre parcel owned jointly by both of you. Then you would be safe for most of the shooting on that joint parcel.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby der Teufel » Tue Nov 18, 2014 5:51 pm

srothstein wrote:Just to be safe, I would have the land replatted with your house site as one 3/4 acre parcel owned by you, your friend's house site as a 3/4 acre parcel owned by him, and the rest of the land in a single 10 and 1/2 acre parcel owned jointly by both of you. Then you would be safe for most of the shooting on that joint parcel.


This should work. You can both hold the larger tract as an "undivided interest' between the two of you. You might want to also include provisions for dividing it if either of you find it necessary — for instance, someone if forced to move for work or family reasons. Of course, each of you would be free to simply sell your undivided interest in the larger tract to someone else who was agreeable to the situation.

I'd also look into the possibility of getting a conservation or agricultural exemption to save on property taxes.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby C-dub » Tue Nov 18, 2014 8:40 pm

With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch! :grumble
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby Jumping Frog » Wed Nov 19, 2014 6:06 am

C-dub wrote:With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch! :grumble

It isn't about firearm type.

It is about incorporated land versus unincorporated land: you need 10 acres out in the country (unincorporated land) versus 50 acres inside a city limit (incorporated land).
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby C-dub » Wed Nov 19, 2014 7:24 am

Jumping Frog wrote:
C-dub wrote:With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch! :grumble

It isn't about firearm type.

It is about incorporated land versus unincorporated land: you need 10 acres out in the country (unincorporated land) versus 50 acres inside a city limit (incorporated land).

Whew! Then I still have hope to have my own personal shooting range someday.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby Jumping Frog » Wed Nov 19, 2014 8:08 am

:thumbs2:
That is my hope too.

But make sure your land is far enough outside city limits that you don't find yourself annexed 15 years later. For example, look how Houston has grown in the last 20 years. It would really stink to buy your dream property and then be left holding the bag when circumstances change.
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby VMI77 » Wed Nov 19, 2014 12:31 pm

Jumping Frog wrote:
C-dub wrote:With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch! :grumble

It isn't about firearm type.

It is about incorporated land versus unincorporated land: you need 10 acres out in the country (unincorporated land) versus 50 acres inside a city limit (incorporated land).


There is a rifle range in Victoria on 20 acres. I'm not sure if it is just inside or just outside the city limits, but it is adjacent to a subdivision. It probably wouldn't fly in Austin but there are some places in the state where shooting on your property is not an issue, even if you don't meet the 10 and 50 acre minimums. Anyway, who's going to know those shots are coming from a rifle and not a shotgun?
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Re: What is a "tract" for purposes of the 10-acre rule?

Postby Mdcanon » Sat Mar 03, 2018 4:09 pm

We live outside any jurisdiction,city,town or incorporated area...We own over 10 acres..
Recently, a individual purchased 11 acres behind us.. Right away, he and some friends started shooting off high powered rifles..
I drove over there to introduce myself.
I first noticed they were Shooting with A-R 15 Rifle at a Bumper and at Bottles suspended 4 feet off the ground tied on a make shift horse..I jokingly told the Owner I did not want to get shot,so they moved the targets in the other direction..
The noise was deafening..
My question is under Statue Sec.229.002 the Regulation states on 10 acres you can shot with a shotgun,pistol ,bow, bob gun etc.
It states that you have to own over 50 acres to fire a Rifle or high caliber firearm.
Can they fire off a AR -15 on 10 acres or more or do they have to adhere to the sec.229.002 regulation?
Can the County rule that they can fire a AR-15 on 10 acres or more.
Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.
I possess a LTC over 10 years ..

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Re: What is a "tract" for purposes of the 10-acre rule?

Postby bigtek » Sat Mar 03, 2018 4:23 pm

Mdcanon wrote:Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.

If you think they're breaking the law, call the county sheriff office.
Give peace a chance.

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