Discharge of a firearm, legal or ?????

[BigTexasOne]

Hi guys; Does anyone know what the law is in Denton County regarding where a firearm discharge is legal or illegal. I have seen comments about a minimum of 10 acres, but my question is specifically about unincorporated land, way, way over 10 acres, but I haven't been able to find a specific ordnance or penal code regarding what is illegal? Does a code require written permission from the owner, what can a deputy do, ask, etc, if he comes to see what's going on? Thanks

 

[Charlie]

Check the Denton County website regarding ordinances, etc. And if the property is in a city limits, check that city's website regarding shooting restrictions. Every locale can be different.

 

[M2 Carbine]

There is no state wide law on the minimum size of land you can shoot on.

But the county can set a limit, such as 10 acres. A few years back Parker County stopped a fellow from shooting on his land. I think he had about three acres.

I've been shooting on my 8.5 acres since 1967. I shoot most every day (retired).

No matter the size of your land it is your responsibility to see that no bullet leaves your land.

 

[Charlie]

http://dentoncounty.com/

 

[BigTexasOne]

I've been to the Denton County website and searched repeatedly and have not been able to find anything

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[Charlie]

Ask you're local constable. He's an elected county official and chief law enforcement officer for whatever precinct you are in.

 

[Charlie]

http://dentoncounty.com/Departments/Constables.aspx

 

[Mreed911]

Ask you're local constable. He's an elected county official and chief law enforcement officer for whatever precinct you are in.

He's also unlikely to know and just give an uninformed opinion. And the Sheriff is the CLEO for the county.

If in doubt, ask the County Attorney's office. They're the lawyers that deal with county ordinances.

 

[Charlie]

And the constable is the CLEO for his precinct. County attorney would be a good place to start.

 

[Mreed911]

And the constable is the CLEO for his precinct. County attorney would be a good place to start.

That status is not recognized by ANYONE insofar as CLEO.

While a Constable is a LEO, they're not recognized by ATF, can't sign Form 1's, etc.

In Texas, Constables exist to provide services to the JP courts. While some provide law enforcement services, in many counties you can't call 911 and get a Constable - that's the exclusive jurisdiction of the Sheriff's department. Counties may choose to augment their SO with Constables and deputies, but statutorily:

Sec. 86.021. GENERAL POWERS AND DUTIES. (a) A constable shall execute and return as provided by law each process, warrant, and precept that is directed to the constable and is delivered by a lawful officer. Notices required by Section 24.005, Property Code, relating to eviction actions are process for purposes of this section that may be executed by a constable.(b) A constable may execute any civil or criminal process throughout the county in which the constable's precinct is located and in other locations as provided by the Code of Criminal Procedure or by any other law.
(c) A constable expressly authorized by statute to perform an act or service, including the service of civil or criminal process, citation, notice, warrant, subpoena, or writ, may perform the act or service anywhere in the county in which the constable's precinct is located.
(d) Regardless of the Texas Rules of Civil Procedure, all civil process may be served by a constable in the constable's county or in a county contiguous to the constable's county, except that a constable who is a party to or interested in the outcome of a suit may not serve any process related to the suit. All civil process served by a constable at any time or place is presumed to be served in the constable's official capacity if under the law the constable may serve that process in the constable's official capacity. A constable may not under any circumstances retain a fee paid for serving civil process in the constable's official capacity other than the constable's regular salary or compensation. Any fee paid to a constable for serving civil process in the constable's official capacity shall be deposited with the county treasurer of the constable's county.
(e) The constable shall attend each justice court held in the precinct.


Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 13(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 884, Sec. 1, eff. Jan. 1, 1998.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 846 (S.B. 2197), Sec. 1, eff. September 1, 2009.

 

[Charlie]

First, I don't give a shit about the BATFE.

Second, he does not work for the sheriff but always helps out when needed, as do his deputy constables.

Third, He is elected by the population of the precinct he resides in and reports to the County Commissioners (his office is in the courthouse).

When someone calls 911 they can be directed to the Constable if the call related specifically to his duties as constable.

Lastly, I didn't say the sheriff was not the CLEO of the county.

This isn't a pissing contest, ease up.

 

[Mreed911]

This isn't a pissing contest, ease up.

You have the right to be as wrong as you want to be in any way you prefer.

 

[Charlie]

Thanks! pfft

 

[txinvestigator]

Hi guys; Does anyone know what the law is in Denton County regarding where a firearm discharge is legal or illegal. I have seen comments about a minimum of 10 acres, but my question is specifically about unincorporated land, way, way over 10 acres, but I haven't been able to find a specific ordnance or penal code regarding what is illegal? Does a code require written permission from the owner, what can a deputy do, ask, etc, if he comes to see what's going on? Thanks

Are you talking about shooting on land where you have no idea who the owner is?

 

[Charlie]

Are you talking about shooting on land where you have no idea who the owner is?

Uh Oh!

 

[BigTexasOne]

No, I know who owns the land, and even if he says it's ok that doesn't make it legal or illegal. If the county code days you can't shoot within x feet of a residence or a school, or a road, or a whatever. The prepay is probably 80 acres, but it has development on one side, school on one and a gas well on another.

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[Charlie]

You could ask your county attorney or the D.A. Surely they would know or at least be able to find out.

 

[Bozz10mm]

Would you be at least 1000 ft. from the school?

 

[Charlie]

Would you be at least 1000 ft. from the school?

Is there a Texas or federal law associated with discharging a firearm within a certain distance from a school? Curious as I have no clue.

 

[oohrah]

Lot of confusion about the ten acre rule. It is a state law that a county cannot regulate unincorporated land over ten acres. Pertains to more than just shooting. Generally, if the county has no ordinances regarding discharging firearms (whereas most cities will have), you can shoot on any size unincorporated land for which you have permission. The only restriction is you have to keep the bullets on the property, more difficult with small patches.

If you have property over ten acres, you don't need to worry about future ordinances. IANAL, but I have picked all this up from some smart folks.