Updated December 10, 2022
Being in Texas, there are many of us who love the Second Amendment. And many of us would love to be able to shoot our guns in our backyards. In previous discussions, we covered your rights in public.
In this brief article, we’ll discuss the Texas gun laws regarding land. Answering the age-old question, how much land do you need to shoot on private property?
Shooting Guns on Private Property
WARNING
Reader beware. Even if the discharge of a handgun, rifle, shotgun, BB-gun, or bow and arrow is not regulated by state law, county, or municipal ordinance, you must exercise caution! You can be held liable for projectiles that leave your property, injuries, and damage.
Additionally, Texas law can be confusing. That is because the law restrains counties and municipalities (cities) with little mention of individuals. If you still have questions after reading this article, The attorneys at Walker & Taylor, PLLC, offer consultations to answer your questions.
How Many Acres Do You Need to Shoot Outside of City Limits?
SHOTGUNS, AIR RIFLES, AIR PISTOLS, BB GUNS, OR BOWS AND ARROWS
The law says that a municipality1 may not regulate the discharge of:
- a shotgun;
- air rifle or pistol;
- BB gun; or
- bow and arrow.
In the “extraterritorial jurisdiction” of a municipality. So long as:
- You are on at least a 10-acre tract of land;
- You are more than 150 feet from the residence or occupied building on the neighboring property; and
- You do not discharge the firearm in a manner reasonably expected to cause the bullet to cross the boundary of the land.
TRADITIONAL RIFLES AND PISTOLS
A municipality may not regulate the discharge of a centerfire or rimfire rifle or pistol of any caliber if:
- You are on a tract of land of 50 acres or more;
- You are more than 300 feet from the residence or occupied building located on the neighboring property; and
- You do not discharge the firearm in a manner reasonably expected to cause the bullet to cross the boundary of the land.
WHAT IS “EXTRATERRITORIAL JURISDICTION?”
Extraterritorial jurisdiction is the area that is contiguous to the corporate boundaries” of a city2.
What Can Counties Regulate?
A county by order may 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 subdivision3.
How Many Acres Do You Need to Shoot Inside of City Limits?
WHAT ABOUT WITHIN CITY LIMITS?
The law allows municipalities to regulate the discharge of firearms within the city limits. This means that if you live within the city limits, you may not be able to shoot a firearm on your property, even if you meet the acreage requirements.
The Texas Penal Code4 states it is a crime to recklessly discharge a firearm inside the corporate limits of a municipality that has a population of 100,000 or more. A crime under this statute is a Class A misdemeanor, meaning it is punishable by up to a year in county jail, a $4,000 fine, or both.
Summary
So, if you live outside of the city limits, there is a chance you can shoot your guns on your land, as long as you meet the acreage requirements. However, if you live within the city limits of a city with a population under 100,000, you need to check your local ordinances regarding discharging a firearm before you shoot a gun in your backyard.
Legally Shooting Guns on Your Property – Other Circumstances
WHAT ABOUT SELF-DEFENSE?
What if you defend yourself, others, and your property on your land? How do these acreage laws impact self-defense? The short answer is, the defense justification could extend to all the potential violations of law discussed here. However, there is quite a bit of nuance regarding the defense of property which we have detailed in previous discussions.
I Have Questions About Shooting on My Property
CAN I TALK TO A LAWYER?
Yes. The attorneys at Walker & Taylor offer consultations to answer your legal questions! Learn about our simple consultation process or call us at (281) 668-9957 and get answers!
Author: Leslie Rebescher
Notes:
- Tex. Local Gov’t Code § 229.002.
- Tex. Local Gov’t Code § 42.021.
- Tex. Local Gov’t Code § 235.022.
- Tex. Penal Code § 42.12.
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