Search found 6 matches

by Charles L. Cotton
Wed Feb 20, 2013 12:04 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

TeXJ wrote:
Charles L. Cotton wrote:
TeXJ wrote:
Charles L. Cotton wrote:Section 250.001(1) defines "sport shooting ranges" as a business, club or association. If the range isn't a business, but is operating as a club or association, Section 250.001(2) requires that at least 20 different people shoot at the range annually. We had to add the 20 person requirement to last session's SB766 (Range Protection Bill) in order to pass the bill. There was a concern that every property owner would claim to be a "shooting club" even if it wasn't actually a range.

Unless the property in question is being operated as a "sport shooting range," then having 20 people shoot there annually won't help.

Chas.
Let me see if I'm understanding; if I have more than 20 people annually then this is deemed a "sport shooting range"? And then they, fire marshal, can deem this as a business?
No, that's not the case. Merely having 20 or more people shoot on your real estate annually does not make your land a "sport shooting range." If you are 1) operating a "sport shooting range" as defined in Tex. Local Gov't Code Section 250.001; and 2) you are operating it as a club or association, then you must have a minimum of 20 different people shoot there annually.

None of this matters if you have 10 acres or less. How much land do you own?

Chas.



Thank you for helping me understand. :D

We own 9.999 acres. But we have been told this doesn't matter because the land is not in a subdivision. I think that is how they said that. So I'm lost as to what this all means.
If you are absolutely sure you are not in a subdivision with a plat, then you are correct about the size limitation. That said, the protection of the Texas Range Protection Law apply only to "sport shooting ranges" as defined in the Local Gov't Code.

Chas.
by Charles L. Cotton
Tue Feb 19, 2013 11:59 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

SewTexas wrote:well, is it that you can't call it a club unless you have more than 20 people, but it doesn't even have to be a business and "they" can call you a club if you have more than 20 people.....hey, wait a minute, how do "they" know if he has more than 20 people there in a year? he doesn't have a list! this is crazy and it's making my head hurt, the only thing I'm understanding from it for sure is that we can't have a get together at his house :roll: and texJ has a REALLY big family :biggrinjester:
It's not difficult. If you form a club or association to run a "sport shooting range" then you must have at least 20 different people shoot at the range annually. If you have no evidence that a club or association exists, or that at least 20 different people shoot there annually, then you will not have the proof you need to establish that you come under the protection of Texas' range protection law.

you can have 100 people shoot on your property annually, but if you are not a "business, club or association" they you are not a "sport shooting range." Merely firing rounds on your own property doesn't make you a statutorily defined "sport shooting range."

Chas.
by Charles L. Cotton
Tue Feb 19, 2013 11:29 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

TeXJ wrote:
Charles L. Cotton wrote:Section 250.001(1) defines "sport shooting ranges" as a business, club or association. If the range isn't a business, but is operating as a club or association, Section 250.001(2) requires that at least 20 different people shoot at the range annually. We had to add the 20 person requirement to last session's SB766 (Range Protection Bill) in order to pass the bill. There was a concern that every property owner would claim to be a "shooting club" even if it wasn't actually a range.

Unless the property in question is being operated as a "sport shooting range," then having 20 people shoot there annually won't help.

Chas.
Let me see if I'm understanding; if I have more than 20 people annually then this is deemed a "sport shooting range"? And then they, fire marshal, can deem this as a business?
No, that's not the case. Merely having 20 or more people shoot on your real estate annually does not make your land a "sport shooting range." If you are 1) operating a "sport shooting range" as defined in Tex. Local Gov't Code Section 250.001; and 2) you are operating it as a club or association, then you must have a minimum of 20 different people shoot there annually.

None of this matters if you have 10 acres or less. How much land do you own?

Chas.
by Charles L. Cotton
Tue Feb 19, 2013 11:04 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

Section 250.001(1) defines "sport shooting ranges" as a business, club or association. If the range isn't a business, but is operating as a club or association, Section 250.001(2) requires that at least 20 different people shoot at the range annually. We had to add the 20 person requirement to last session's SB766 (Range Protection Bill) in order to pass the bill. There was a concern that every property owner would claim to be a "shooting club" even if it wasn't actually a range.

Unless the property in question is being operated as a "sport shooting range," then having 20 people shoot there annually won't help.

Chas.
by Charles L. Cotton
Tue Feb 19, 2013 10:02 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

puma guy wrote:
Charles L. Cotton wrote:How many acres of land do you own? Have a look at Tex. Local Gov't Code §§235.022 and Chp. 236. From what you wrote, it doesn't look like you would be a "sport shooting range" covered in Chp. 236.

Chas.
Wouldn't it be necessary for the county to have passed an ordinance relating to shooting on less than ten acres not just the say so of LEO or Fire Marshall? I would doubt there is an ordinance stating only property owners and family can shoot. Even in Harris County a property owner can give written permission for any one to shoot on their land. It has to be dated and signed for each day I believe. Same for Bexar Co I think.
Yes, the code sections I quoted give limited authority to regulate shooting on private property, but the county would still have to pass ordinances.

Chas.
by Charles L. Cotton
Tue Feb 19, 2013 8:37 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Fire Marshal making up "laws"
Replies: 123
Views: 25151

Re: Collin County Fire Marshal making up "laws"

How many acres of land do you own? Have a look at Tex. Local Gov't Code §§235.022 and Chp. 236. From what you wrote, it doesn't look like you would be a "sport shooting range" covered in Chp. 236.

Chas.

Return to “Fire Marshal making up "laws"”