Varmints! Waking up the neighbors...

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nedmoore
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Varmints! Waking up the neighbors...

#1

Post by nedmoore »

So I live in regular residential neighborhood. The drought has brought out the critters! Shot my 2nd skunk tonight, wanting to get the armadillo that is tearing up my yard. Anyway, I have been using a single shot .410, which is pretty loud.

My question is; would a 22 rifle be less noisy? Thanks....

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nedmoore
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Re: Varmints! Waking up the neighbors...

#2

Post by nedmoore »

10 views, no opinions?

DONT TREAD ON ME

Re: Varmints! Waking up the neighbors...

#3

Post by DONT TREAD ON ME »

nedmoore wrote:So I live in regular residential neighborhood. The drought has brought out the critters! Shot my 2nd skunk tonight, wanting to get the armadillo that is tearing up my yard. Anyway, I have been using a single shot .410, which is pretty loud.

My question is; would a 22 rifle be less noisy? Thanks....

I hope you are kidding. It sounds as though you are breaking the law. Below are two that I know could apply and maybe more depending on city ordinances.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.
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CaptWoodrow10
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Re: Varmints! Waking up the neighbors...

#4

Post by CaptWoodrow10 »

I trust that you are not within city limits.
How far away are your neighbors?
Since you said that you have neighbors, I would have to suggest a good pellet gun. The good ones are very effective against smaller prey, and are much quieter than your current set up. A good pellet gun can dispatch small game just as effectively as a .22.
I wouldn't be concerned about the noise level as much as the terminal ballistics though. I don't want any stray bullets hitting pets, mailboxes, or worse.
Last edited by CaptWoodrow10 on Tue Aug 23, 2011 11:48 pm, edited 1 time in total.
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nedmoore
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Re: Varmints! Waking up the neighbors...

#5

Post by nedmoore »

I do not live within city limits... I do live in Harris County, not recklessly shooting....

Most of the neighbors know, just want to minimize the "bang". I tried the pellet thing last week. Too difficult in the dark......

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Re: Varmints! Waking up the neighbors...

#6

Post by nedmoore »

DONT TREAD ON ME wrote:
nedmoore wrote:So I live in regular residential neighborhood. The drought has brought out the critters! Shot my 2nd skunk tonight, wanting to get the armadillo that is tearing up my yard. Anyway, I have been using a single shot .410, which is pretty loud.

My question is; would a 22 rifle be less noisy? Thanks....

I hope you are kidding. It sounds as though you are breaking the law. Below are two that I know could apply and maybe more depending on city ordinances.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.
(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.
The skunk displayed his anus! NOT ME!

DONT TREAD ON ME

Re: Varmints! Waking up the neighbors...

#7

Post by DONT TREAD ON ME »

Just found these in the Local Government Code. I am not sure which on if any applies to you but thought you should be aware.

I know you said you are not within city limits but you did say that you live in a "regular residential neighborhood". If I were you I would check the local laws and any ordinances that would pertain to your area before I discharged any weapon.
§ 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.
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.

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nedmoore
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Re: Varmints! Waking up the neighbors...

#8

Post by nedmoore »

Thanks for the legal input.

Question is: What is louder? 22 rifle or single shot .410?

Never mind, just found the answer. .22 makes less noise..... Thanks anyway...

DONT TREAD ON ME

Re: Varmints! Waking up the neighbors...

#9

Post by DONT TREAD ON ME »

You are welcome :thumbs2: Wouldn't want you to break any laws :rules: but that doesn't seem to be a problem for you :banghead:

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Re: Varmints! Waking up the neighbors...

#10

Post by Dan20703 »

Use the sub-sonic .22 ammo for a quieter round.
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Re: Varmints! Waking up the neighbors...

#11

Post by Jumping Frog »

DONT TREAD ON ME wrote:You are welcome :thumbs2: Wouldn't want you to break any laws :rules: but that doesn't seem to be a problem for you :banghead:
Asked and answered. He already said he lives in a residential area, not a municipality.

I am in the same boat. I am covered by home owners association rules for our subdivision in Harris County, but I am not within any city limits.

BTW, the disorderly conduct statute cited explicitly states "public place". Someone's residence is not a public place.
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DONT TREAD ON ME

Re: Varmints! Waking up the neighbors...

#12

Post by DONT TREAD ON ME »

Jumping Frog wrote:
DONT TREAD ON ME wrote:You are welcome :thumbs2: Wouldn't want you to break any laws :rules: but that doesn't seem to be a problem for you :banghead:
Asked and answered. He already said he lives in a residential area, not a municipality.

I am in the same boat. I am covered by home owners association rules for our subdivision in Harris County, but I am not within any city limits.

BTW, the disorderly conduct statute cited explicitly states "public place". Someone's residence is not a public place.
Yes, I completely understand that it says "Public Place" however, you can be charged with disorderly conduct in your residence and on your property, e.g. walking around naked with a window open and someone sees you, your music is over 85db, you shout vulgar and obscene language audible to the public, unreasonable noise that is audible to the public, fighting on your property, making an offensive gesture or display viewable to the public from your residence/property. All of those can get you disorderly conduct even if you are on your property or in your residence. All it takes is someone walking along the street to see/hear or a neighbor to see/hear and make a complaint to the Police/Sheriff. You may own the house and yard but if what you are saying and doing is visible and audible to the general public then it is no longer private.

So, yes discharging a firearm on your property in a residential neighborhood can get you a disorderly conduct citation.
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Re: Varmints! Waking up the neighbors...

#13

Post by Lonest4r »

Why not try a trap, and then dispatch them in the daytime? That way your neighbors are not sleeping.
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Re: Varmints! Waking up the neighbors...

#14

Post by speedsix »

...OK...you gonna volunteer to deal with the trap??? either you kill a skunk quickly or you leave him alone...or you'll REALLY be disturbin' the neighbors!!! I would and have used CB caps and .22Short HP to dispatch pests in an area where I shouldn't be shooting...very little noise...the shorts are quieter out of a rifle than a revolver...

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Re: Varmints! Waking up the neighbors...

#15

Post by alvins »

supressed mark 3 hunter?
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