Before anyone gets their panties in a wad, there's nothing negative in this proposed ordinance. I've looked it over and can't see anything unreasonable at all. It's an ordinance proposed by Commissioner Jeff Barton and that will be going to court in the next few weeks for the Judge to make a determination on whether to implement it or throw it out. I figured if anyone here lives in Hays County like I do that they might want to read up on it:
Article 1: Statutory Authority
1.01.Adoption. These Regulations were formally adopted by the Hays County Commissioners Court on or about March 18, 2008 pursuant to the authority granted by §235.022 of the Texas Local Government Code, subject to the following statutory limitations.
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.02.[/FONT][FONT=Times New Roman, serif]Limitations.[/FONT][FONT=Times New Roman, serif] These Regulations shall only apply to lots of ten (10) acres or smaller that are located in a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed under Chapter 232 of the Texas Local Government Code. It is an affirmative defense to prosecution that any alleged violation under these Regulations occurred:[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]a. [/FONT][FONT=Times New Roman, serif]in a location that, at the time of the alleged offense, was not in the unincorporated area of Hays County,
[/FONT][/FONT] [FONT=Courier New, monospace][FONT=Times New Roman, serif]b. [/FONT][FONT=Times New Roman, serif] in a subdivision for which a plat is not required to be prepared and filed under the Texas Local Government Code, Chapter 232, or
[/FONT][/FONT] [FONT=Courier New, monospace][FONT=Times New Roman, serif]c. [/FONT][FONT=Times New Roman, serif] on a lot that, at the time of the alleged offense, had a gross area of ten (10) acres or more.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.03.[/FONT][FONT=Times New Roman, serif]Additional Limitations.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to require the registration of Firearms, or to prohibit or restrict the transfer, ownership, possession, manufacture, maintenance, repair, or transportation of Firearms.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.04.[/FONT][FONT=Times New Roman, serif]Conflicts of Law.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to legalize or nullify any prohibition or restriction regarding the use or possession of Firearms that may be found in other Local, State, or Federal laws, including but not limited to §62.0121 of the Texas Parks and Wildlife Code. Likewise, these Regulations do not limit any statutory defense to prosecution that arises from other Local, State, or Federal laws.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.05.[/FONT][FONT=Times New Roman, serif]Civil Liability.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to provide legal justification for, protection from, or defense to liability for death, injury, or property damage caused by the discharge of a firearm, regardless of whether said discharge is permitted under the Exceptions cited in Article 4 of these Regulations.[/FONT][/FONT]
[FONT=Times New Roman, serif]Article 2: Definitions[/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]2.01.[/FONT][FONT=Times New Roman, serif] The following capitalized terms shall, where they may be found throughout these Regulations, have the following meanings:[/FONT][/FONT]
“County” shall mean Hays County, Texas;
“Firearm(s)” shall mean any device(s) designated, made or adapted to expel (discharge) a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use;
“Regulated Lot” means a tract of land or a lot that is in a subdivision for which Chapter 232 of the Local Government Code requires a plat to be prepared and filed, within the unincorporated areas of Hays County, and is less than ten (10) acres as reflected by the records of the Hays County Clerk or the Hays Central Appraisal District
Article 3: Restrictions
3.01.Prohibition for Lots Sized Two Acres or Smaller. The discharge of a Firearm on a lot that has a gross area of two (2) acres or less is hereby prohibited, subject to the Exceptions provided in Article 4 of these Regulations.
3.02. Lots Larger than Two Acres. The discharge of a Firearm on a lot that has a gross area of more than two (2) acres shall not be prohibited by these Regulations; and shall not be otherwise restricted, except that no Firearms shall be discharged between the hours of 10:00 p.m. and 6:00 a.m., Central Standard Time.
Article 4: Exceptions
4.01.Despite the Restrictions cited in Article 3, above, the discharge of a Firearm shall be permitted:
a. if said discharge is reasonably necessary to protect self, property, or other person(s) from imminent harm by human or animal as is permitted by State and/or Federal law.;
b. if said discharge is made by a peace officer certified by the State of Texas in the commission of his or her duties;
c. if the ignition of a Firearm does not result in the discharge of a projectile due to the use of “blank” cartridges or “blank” ammunition;
d. if said discharge occurs in an indoor firing range that is designed and constructed to completely contain the projectiles that are discharged from Firearms.
e. if said discharge occurs during the regular commercial operation of 1) a person that is licensed or certified by the state to discharge Firearms in the regular course of his or her business, or 2) a business establishment that: i) operates an area for the discharge or other use of Firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting; ii) complies with §756.042 of the Texas Health & Safety Code; and iii) was in existence prior to the adoption of these Regulations by the Commissioners Court.
f. if said discharge is made as part of a ceremony or special event for which prior written approval has been granted by the Commissioners Court and the discharge also complies with exemption (c);
g. if the person discharging the Firearm from his or her own property is able to present valid documentation that shows he or she had been granted prior written permission to discharge Firearms from an adjacent property owner or owners; and the gross area of the property on which the person discharging the Firearm equals more than two (2) acres when added to the gross area of the adjacent property or properties of the owner(s) who granted written permission. The person discharging a Firearm from his or her own property shall not be required to receive written permission under this Section if he or she is also the property owner of the adjacent property being used to establish a gross area of more than two (2) acres.
REGULATION OF THE DISCHARGE OF FIREARMS
HAYS COUNTY, TEXAS
Article 1: Statutory Authority
1.01.Adoption. These Regulations were formally adopted by the Hays County Commissioners Court on or about March 18, 2008 pursuant to the authority granted by §235.022 of the Texas Local Government Code, subject to the following statutory limitations.
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.02.[/FONT][FONT=Times New Roman, serif]Limitations.[/FONT][FONT=Times New Roman, serif] These Regulations shall only apply to lots of ten (10) acres or smaller that are located in a subdivision all or a part of which is located in the unincorporated area of a county and for which a plat is required to be prepared and filed under Chapter 232 of the Texas Local Government Code. It is an affirmative defense to prosecution that any alleged violation under these Regulations occurred:[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]a. [/FONT][FONT=Times New Roman, serif]in a location that, at the time of the alleged offense, was not in the unincorporated area of Hays County,
[/FONT][/FONT] [FONT=Courier New, monospace][FONT=Times New Roman, serif]b. [/FONT][FONT=Times New Roman, serif] in a subdivision for which a plat is not required to be prepared and filed under the Texas Local Government Code, Chapter 232, or
[/FONT][/FONT] [FONT=Courier New, monospace][FONT=Times New Roman, serif]c. [/FONT][FONT=Times New Roman, serif] on a lot that, at the time of the alleged offense, had a gross area of ten (10) acres or more.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.03.[/FONT][FONT=Times New Roman, serif]Additional Limitations.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to require the registration of Firearms, or to prohibit or restrict the transfer, ownership, possession, manufacture, maintenance, repair, or transportation of Firearms.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.04.[/FONT][FONT=Times New Roman, serif]Conflicts of Law.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to legalize or nullify any prohibition or restriction regarding the use or possession of Firearms that may be found in other Local, State, or Federal laws, including but not limited to §62.0121 of the Texas Parks and Wildlife Code. Likewise, these Regulations do not limit any statutory defense to prosecution that arises from other Local, State, or Federal laws.[/FONT][/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]1.05.[/FONT][FONT=Times New Roman, serif]Civil Liability.[/FONT][FONT=Times New Roman, serif] These Regulations shall not be construed to provide legal justification for, protection from, or defense to liability for death, injury, or property damage caused by the discharge of a firearm, regardless of whether said discharge is permitted under the Exceptions cited in Article 4 of these Regulations.[/FONT][/FONT]
[FONT=Times New Roman, serif]Article 2: Definitions[/FONT]
[FONT=Courier New, monospace][FONT=Times New Roman, serif]2.01.[/FONT][FONT=Times New Roman, serif] The following capitalized terms shall, where they may be found throughout these Regulations, have the following meanings:[/FONT][/FONT]
“County” shall mean Hays County, Texas;
“Firearm(s)” shall mean any device(s) designated, made or adapted to expel (discharge) a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use;
“Regulated Lot” means a tract of land or a lot that is in a subdivision for which Chapter 232 of the Local Government Code requires a plat to be prepared and filed, within the unincorporated areas of Hays County, and is less than ten (10) acres as reflected by the records of the Hays County Clerk or the Hays Central Appraisal District
Article 3: Restrictions
3.01.Prohibition for Lots Sized Two Acres or Smaller. The discharge of a Firearm on a lot that has a gross area of two (2) acres or less is hereby prohibited, subject to the Exceptions provided in Article 4 of these Regulations.
3.02. Lots Larger than Two Acres. The discharge of a Firearm on a lot that has a gross area of more than two (2) acres shall not be prohibited by these Regulations; and shall not be otherwise restricted, except that no Firearms shall be discharged between the hours of 10:00 p.m. and 6:00 a.m., Central Standard Time.
Article 4: Exceptions
4.01.Despite the Restrictions cited in Article 3, above, the discharge of a Firearm shall be permitted:
a. if said discharge is reasonably necessary to protect self, property, or other person(s) from imminent harm by human or animal as is permitted by State and/or Federal law.;
b. if said discharge is made by a peace officer certified by the State of Texas in the commission of his or her duties;
c. if the ignition of a Firearm does not result in the discharge of a projectile due to the use of “blank” cartridges or “blank” ammunition;
d. if said discharge occurs in an indoor firing range that is designed and constructed to completely contain the projectiles that are discharged from Firearms.
e. if said discharge occurs during the regular commercial operation of 1) a person that is licensed or certified by the state to discharge Firearms in the regular course of his or her business, or 2) a business establishment that: i) operates an area for the discharge or other use of Firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting; ii) complies with §756.042 of the Texas Health & Safety Code; and iii) was in existence prior to the adoption of these Regulations by the Commissioners Court.
f. if said discharge is made as part of a ceremony or special event for which prior written approval has been granted by the Commissioners Court and the discharge also complies with exemption (c);
g. if the person discharging the Firearm from his or her own property is able to present valid documentation that shows he or she had been granted prior written permission to discharge Firearms from an adjacent property owner or owners; and the gross area of the property on which the person discharging the Firearm equals more than two (2) acres when added to the gross area of the adjacent property or properties of the owner(s) who granted written permission. The person discharging a Firearm from his or her own property shall not be required to receive written permission under this Section if he or she is also the property owner of the adjacent property being used to establish a gross area of more than two (2) acres.