shooting guns in the city limits (Austin, Howe: lease, amusement park, attorney)

[Austin97]

The statue says "tract of land" does anyone know if the tract has to be all one plat or can contiguous 50 acre plats count?


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.

[ScoPro]

Do you have a question about it?

[joqua]

The question is:

Originally Posted by Austin97

The statue says "tract of land" does anyone know if the tract has to be all one plat or can contiguous 50 acre plats count?

Common sense would dictate that "tract of land" could be contiguous ownership. The key here is the implication that it is unoccupied land - re: no shooting within a defined distance from a residence or occupied building located on another property.

I take "another property" to mean your neighbor's land.

[oldtoiletsmkgdflrpots]

Don't forget it's dove season too. It isn't always about "the neighbor". Besides, no one on this forum can be in someone elses brain to know why a question is asked. It's a bit presumptuous and I'm probably guilty of it on occasion as well. However, I'm trying to be aware of it.

[Spacepup]

The best course of action would be to speak with an attorney. Your local gun shop or range probably has one that they use and can recommend them.

Honestly even if they say it is legal I would be prepared to be written up or arrested anyway, as the APD officer you are dealing with may or may not be familiar with state preemption of local laws.

[TexasHorseLady]

There are several sections of that statute, and different ones apply depending on where the property is located (in or near a county of a certain population containing a city or two contiguous cities of a certain population - it gets complicated!). Usually there are definitions of terms but I can't find that in this particular statute, or haven't yet.

[CptnRn]

See Title 9-6 Restrictions on Firearms. American Legal Publishing: Online Library

§ 9-6-7 FIREARM DISCHARGE RESTRICTED.
(A) Except as provided in Subsection (B), a person may not discharge a firearm:

(1) in the city limits; or

(2) on, across, or into Lake Austin or the Colorado River within the city limits.

(B) A person may discharge:

(1) a firearm at a gunsmith business or a shooting facility issued a permit under Article 2 (Archery Ranges and Shooting Facilities) of Chapter 4-3 (Amusement Park, Circus, Carnival, Archery Range, or Shooting Facility) if the firearm is discharged:

(a) in compliance with the requirements of the permit; and

(b) at an approved firing line in the direction of a target;

(2) a firearm in the exercise of the person's express or implied right to discharge a firearm under state or federal law; or

(3) an airgun in an enclosed building or shooting facility specifically designed to prevent a projectile discharged by the airgun from traveling beyond the boundaries of the building or shooting facility.

Source: 1992 Code Section 10-9-3(A) through (C); Ord. 031023-13; Ord. 031211-11.

Also a substantial amount of the large undeveloped lands inside the City of Austin are City Property such as greenbelts and nature preserves.

§ 9-6-1 DEFINITIONS.
In this chapter:
...
(4) CITY PREMISES means a building or real property owned, leased, occupied, or controlled by the City, excluding a street, sidewalk, or park.

§ 9-6-2 FIREARMS PROHIBITED ON CITY PREMISES.
Except as provided in Sections 9-6-4 (Exception for Peace or Security Officers, or Retired Officers), 9-6-5 (Exception for Gun Shows), and 9-6-6 (Exception for Shipping at Airport), a person may not enter or remain on City premises if the person is carrying a concealed or unconcealed firearm.

[ScoPro]

§ 9-6-2 FIREARMS PROHIBITED ON CITY PREMISES.
Except as provided in Sections 9-6-4 (Exception for Peace or Security Officers, or Retired Officers), 9-6-5 (Exception for Gun Shows), and 9-6-6 (Exception for Shipping at Airport), a person may not enter or remain on City premises if the person is carrying a concealed or unconcealed firearm.

State law overrules that for concealed carry permit holders, IIRC

[Austin97]

Originally Posted by TexasHorseLady

There are several sections of that statute, and different ones apply depending on where the property is located (in or near a county of a certain population containing a city or two contiguous cities of a certain population - it gets complicated!). Usually there are definitions of terms but I can't find that in this particular statute, or haven't yet.

here is the related one that probably covers austin. It is hard to know what areas were annexed after 1981.

Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN

MUNICIPALITIES. (a) This section applies only to a municipality

located wholly or partly in a county:

(1) with a population of 450,000 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.

(b) Notwithstanding Section 229.002, 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:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally

accessible by the public, that is routinely used for organized

sporting or recreational activities or that has permanent

recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial

day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) 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;

(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:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally

accessible by the public, that is routinely used for organized

sporting or recreational activities or that has permanent

recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial

day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) 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; or

(3) discharged at a sport shooting range, as defined by Section

250.001, in a manner not reasonably expected to cause a

projectile to cross the boundary of a tract of land.

Added by Acts 2009, 81st Leg., R.S., Ch.

1230, Sec. 1, eff. June 19, 2009.

- See more at: CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES - Texas Statutes

[Austin97]

Here is a map that lists annexations by decade. This could be useful to figure out if you are in an area that protects gun rights.

http://austintexas.gov/sites/default..._by_Decade.pdf