Texas "10 acre" rule for discharging a firearm outside of city limits?

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Russell
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#16

Post by Russell » Wed Nov 20, 2019 5:15 pm

K-Texas wrote:
Wed Nov 20, 2019 5:12 pm
Russell wrote:
Wed Nov 20, 2019 2:53 pm
K-Texas wrote:
Wed Nov 20, 2019 2:49 pm
Last time I checked with the TX Dept of Wildlife, statewide, the minimum is 5 acres with counties having the ability to raise the minimum. For instance, here in Brown Co. the requirement is 10 Acres. When in doubt, ask a Game Warden! ;-)
I'm unable to find the law that says that. Are you able to source it for me?
I just called the local TX Dept of Wildlife office. They said 5 acres statewide unless overridden by county. It's been a few years, but like I said, "when in doubt, ask a Game Warden." Last I heard, they still have more jurisdiction than any LE agencie in TX. There have been instances around here where Game Wardens were even involved in busting meth labs. ;-)

I don't doubt it! But I also just had my local Constables tell me I fell under municipal restrictions when I know for a fact I don't.

Did they happen to give you the statute they are citing that from? I don't doubt them, I just like to read myself.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#17

Post by K-Texas » Wed Nov 20, 2019 5:23 pm

Russell wrote:
Wed Nov 20, 2019 5:15 pm
K-Texas wrote:
Wed Nov 20, 2019 5:12 pm
Russell wrote:
Wed Nov 20, 2019 2:53 pm
K-Texas wrote:
Wed Nov 20, 2019 2:49 pm
Last time I checked with the TX Dept of Wildlife, statewide, the minimum is 5 acres with counties having the ability to raise the minimum. For instance, here in Brown Co. the requirement is 10 Acres. When in doubt, ask a Game Warden! ;-)
I'm unable to find the law that says that. Are you able to source it for me?
I just called the local TX Dept of Wildlife office. They said 5 acres statewide unless overridden by county. It's been a few years, but like I said, "when in doubt, ask a Game Warden." Last I heard, they still have more jurisdiction than any LE agencie in TX. There have been instances around here where Game Wardens were even involved in busting meth labs. ;-)

I don't doubt it! But I also just had my local Constables tell me I fell under municipal restrictions when I know for a fact I don't.

Did they happen to give you the statute they are citing that from? I don't doubt them, I just like to read myself.
No, Sir, it was verbal. Like I said, 10 acres for our county. My sister and b-i-l moved here after they retired from the Houston area. They bought a bit of acreage outside of town so Dept of Wildlife was who I thought could best answer the question.

How close you are to a metropolitan area may be the prevalent consideration. Brown Co, where I live, according to deer density maps is solid black. Deer season is big business here, so undoubtedly, ranchers who lease to hunters may won't to have a higher minimum acreage requirement so that someone doesn't buy 5 acres next to them and set out a feeder during deer season, LOL! ;-)
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#18

Post by K-Texas » Wed Nov 20, 2019 5:28 pm

Russell wrote:
Wed Nov 20, 2019 12:34 pm
Can anyone point me to the section of law that restrictions discharging a firearm on your own property, outside of city limits, unless you are on more than 10 acres?

I am seeing this cited in random websites and forums, but no actual source to back it up.

I'm in Harris County, outside of any city limits, but in a neighborhood. Thank you!


On a secondary note that may or may not be related depending on whose asking, I am having trouble with raccoons coming into my back yard and tearing things up. I have a .22 at my disposal.
Raccoons commonly carry rabies. Think I'd get some subsonic .22 LR. Aguila, so I've heard have some loads with very little report. ;-)
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#19

Post by suthdj » Wed Nov 20, 2019 6:57 pm

Somewhere on this site there was a short list of all the laws covering shooting on your property. I wish I knew a way to find it but it is here someplace.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#20

Post by Grayling813 » Wed Nov 20, 2019 9:04 pm

How about a “suppressed” air rifle?

https://airriflehunter.com/top-5-quietest-air-rifles/


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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#21

Post by srothstein » Wed Nov 20, 2019 10:51 pm

I cannot find the minimum land size regulations other than the one cited in the local government code. That is not the minimum for hunting but stops counties from making regulations below 10 acres.

But I did find something else you might want to invest in. Raccoons are classified as fur bearing animals, not as game or pest animals. This means you need a trappers license, not a hunting license, to take them. And it defines taking as either shooting or trapping them and includes possession of their pelt afterwards.

Just wanted to give you a heads up on another potential problem. You appeared to want to do it strictly legally.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#22

Post by Russell » Wed Nov 20, 2019 11:42 pm

srothstein wrote:
Wed Nov 20, 2019 10:51 pm
But I did find something else you might want to invest in. Raccoons are classified as fur bearing animals, not as game or pest animals. This means you need a trappers license, not a hunting license, to take them. And it defines taking as either shooting or trapping them and includes possession of their pelt afterwards.

Just wanted to give you a heads up on another potential problem. You appeared to want to do it strictly legally.

Thanks! Looks like I'm good to go if they are being a nuisance as long as I don't keep their pelts (which I don't plan on keeping a trash panda's pelt).

https://tpwd.texas.gov/regulations/outd ... ng-animals
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#23

Post by Russell » Wed Nov 20, 2019 11:46 pm

Grayling813 wrote:
Wed Nov 20, 2019 9:04 pm
How about a “suppressed” air rifle?

https://airriflehunter.com/top-5-quietest-air-rifles/
I've actually gone that route. Picked this up this evening, pretty nice little rifle: https://www.academy.com/shop/pdp/crosma ... toreId=239

Also confirmed with the Sheriff's office that I'm good to go to use it on my own property, there are no regulations against it.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#24

Post by jmorris » Thu Nov 21, 2019 12:51 am

Local Government Code Chapter 229 is the statute that covers this. It stars with 229.002

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.

229.003 increase the restrictions for counties with larger population.
(a) This section applies only to a municipality located wholly or partly in a county:
(1) with a population of 750,000 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.

229.004 applies to a municipality located in a county in which the majority of the population of two or more municipalities with a population of 300,000 or more are located.

https://statutes.capitol.texas.gov/Docs ... LG.229.htm

235.022 allows the commissioners court to prohibit or otherwise regulate the discharge of firearms and air guns on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

https://statutes.capitol.texas.gov/Docs ... tm#235.021

Subdivision has a specific meaning. It is any plat that is subdivided into lots for which infrastructure must be added, if I have 100 acres along a road that I can subdivide into lots without having to install new roads or utilities that is not a subdivision.

IANAL, this is my understanding.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#25

Post by Archery1 » Thu Nov 21, 2019 8:46 am

Russell wrote:
Wed Nov 20, 2019 11:46 pm
Grayling813 wrote:
Wed Nov 20, 2019 9:04 pm
How about a “suppressed” air rifle?

https://airriflehunter.com/top-5-quietest-air-rifles/
I've actually gone that route. Picked this up this evening, pretty nice little rifle: https://www.academy.com/shop/pdp/crosma ... toreId=239
That thing will deliver a lot of punch. When you go to sight it in, you will probably find the scope impossible to sight in - very common on these break-barrels out of the box. It's an easy fix to just cut a shim for between scope and mount. Not quite as loud as .22 short, but dang close.

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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#26

Post by der Teufel » Thu Nov 21, 2019 2:30 pm

Deleted - duplicate message
Last edited by der Teufel on Thu Nov 21, 2019 2:33 pm, edited 1 time in total.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#27

Post by der Teufel » Thu Nov 21, 2019 2:31 pm

Deleted - duplicate message
Last edited by der Teufel on Thu Nov 21, 2019 2:32 pm, edited 1 time in total.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#28

Post by der Teufel » Thu Nov 21, 2019 2:32 pm

Concerning relocating raccoons: Basically I think they can be killed OR relocated onto the owner's property. You can't just move them 'someplace else' and make them someone else's problem.

Here's some info from Texas Parks & Wildlife — The emphasis is mine.

https://tpwd.texas.gov/regulations/outd ... ng-animals

Landowners or their agents may take nuisance fur-bearing animals in any number by any means at any time on that person's land without the need for a hunting or trapping license. However, fur-bearing animals or their pelts taken for these purposes may not be retained or possessed by anyone at any time except licensed trappers during the lawful open season and possession periods.

Nuisance fur-bearing animals may be captured and relocated if the person has received authorization from the department and the owner of the property where the release will occur. A monthly report is required and must be submitted to the department on number and kind of fur-bearers captured, location of release site, name and address of person authorized to release.

It is a Class C misdemeanor to transport or sell live foxes, coyotes and raccoons from, to, or within this state. For additional information, please contact the Zoonosis Control Division of the Texas Department of Health at (512) 458-7255.
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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#29

Post by LDP » Thu Nov 21, 2019 2:58 pm

Russell wrote:
Wed Nov 20, 2019 11:46 pm
Grayling813 wrote:
Wed Nov 20, 2019 9:04 pm
How about a “suppressed” air rifle?

https://airriflehunter.com/top-5-quietest-air-rifles/
I've actually gone that route. Picked this up this evening, pretty nice little rifle: https://www.academy.com/shop/pdp/crosma ... toreId=239

Also confirmed with the Sheriff's office that I'm good to go to use it on my own property, there are no regulations against it.
Sweet. :thumbsup: I was about to recommend a .22 pellet rifle but am too late.
Do some ballistic check with the scope zeroed in at different distances. I found my .22 air rifle sighted at 20 yds yields 1/2" at most in the whole 15-50yd range. Past 50yds, I need to hold over, of course. But the knowledge that a headshot is guaranteed up to 50yds without holdover is comforting.
And if you have pesky neighbors, do yourself a favor and remove the front sight and duct-tape a small coke can to the muzzle. You'd be surprised how much difference it makes.


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Re: Texas "10 acre" rule for discharging a firearm outside of city limits?

#30

Post by Archery1 » Thu Nov 21, 2019 3:38 pm

LDP wrote:
Thu Nov 21, 2019 2:58 pm
Russell wrote:
Wed Nov 20, 2019 11:46 pm
Grayling813 wrote:
Wed Nov 20, 2019 9:04 pm
How about a “suppressed” air rifle?

https://airriflehunter.com/top-5-quietest-air-rifles/
I've actually gone that route. Picked this up this evening, pretty nice little rifle: https://www.academy.com/shop/pdp/crosma ... toreId=239

Also confirmed with the Sheriff's office that I'm good to go to use it on my own property, there are no regulations against it.
Sweet. :thumbsup: I was about to recommend a .22 pellet rifle but am too late.
Do some ballistic check with the scope zeroed in at different distances. I found my .22 air rifle sighted at 20 yds yields 1/2" at most in the whole 15-50yd range. Past 50yds, I need to hold over, of course. But the knowledge that a headshot is guaranteed up to 50yds without holdover is comforting.
And if you have pesky neighbors, do yourself a favor and remove the front sight and duct-tape a small coke can to the muzzle. You'd be surprised how much difference it makes.
Just have to be careful how far you go. Whatever you attach to silence, if can be removed and taped on to silence a firearm in any way, makes it a silencer. As many will use as analogy, a stick is a stick until you use it on someone, then it's a weapon. A can is a can until you use it as a silencer.

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