January 23, 2017 - Do you like having the right to shoot your firearms outside of the city limits of Center? An amendment to an already existing city ordinance is seeking to take in almost a mile distance into the county in its range of regulation.
The actions of the council are likely in effort to protect the citizens of Center who may be minding their own business, in a park for example, and who aren't expecting to be ducking projectiles while they observe nature and get their exercise. According to the wording of the amendment, if it is passed, property owners within 5,000 feet (almost a mile) of the city limits of Center can be prohibited from discharging certain firearms other than shotguns and air guns, as the law allows.
The city of Center is a home rule city, and as such, the city is allowed to pass such a law.
In a recent meeting of the Center City Council, it was indicated this ordinance amendment is in relation to a shooting incident where a man who was shooting a firearm on his own property outside of the city limits near the Center Softball Complex was arrested.
It was reported this incident took place during a Center Police Department traffic stop of another individual; however, it has not been confirmed as of yet if the man was shooting in the direction of the officers.
The time has been updated: The Center City Council meeting will be held 5:00 tonight, Monday, January 23, 2017 at Center City Hall located on Tenaha Street.
Regulation of Discharge of Weapon
Local Government Code, Title 7. | Regulations of Land Use, Structures, Businesses, and Related Activities. | Subtitle A. Municipal Regulatory Authority. | Chapter 229. Miscellaneous Regulatory Authority of Municipalities. | Subchapter A. Regulation of Firearms, Knives, and Explosives.
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.
Discharge of Firearms Across Property Line
Parks and Wildlife Code | Title 5. Wildlife and Plan Conservation | Subtitle B. Hunting and Fishing | Chapter 62. Provisions Generally Applicable to Hunting | Subchapter A. General Provisions
Sec. 62.0121. Discharge of Firearm Across Property Line.
(a) In this section, "firearm" has the meaning assigned by Section 62.014 (a).
(b) A person commits an offense if:
(1) the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm; and
(2) the projectile from the firearm travels across a property line.
(c) It is a defense to prosecution under this section that the person:
(1) owns the property on both sides of each property line crossed by the projectile; or
(2) has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.
(d) The written agreement required under Subsection (c)(2) must:
(1) contain the name of the person allowed to hunt or engage in recreational shooting in a manner described by Subsection (b);
(2) identify the property on either side of the property line crossed by the projectile; and
(3) be signed by any person who owns the property on either side of the line crossed by the projectile.
(e) An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(f) If conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, the person may be prosecuted under either section or both sections.
