What is a "tract" for purposes of the 10-acre rule?

Gun, shooting and equipment discussions unrelated to CHL issues

Moderator: carlson1


flechero
Senior Member
Posts in topic: 1
Posts: 3486
Joined: Thu Dec 06, 2007 5:04 pm
Location: Central Texas

Re: What is a "tract" for purposes of the 10-acre rule?

#16

Post by flechero »

If I were in your shoes, I would survey off 1 acre each for your homestead in your individual names and then jointly hold the other 10 (hopefully 10.01 ac. or more JIC) You can form a simple partnership for the 10 acres with a first right buyout clause for each other. It willprobably only cost you a few hundred bucks at the local attorney's office. That keeps your homes separate and your rec property squeaky clean for the county/city.

A "tract" in real estate terms is more like a "piece"... as in a single piece of land...or contiguous pieces of same ownership assembled by one owner. That's why I would jointly hold the 10 acres... otherwise you'd need an exception from the city/county for abutting properties which may be unlikely in today's climate.

Good Luck!!! Hope it works out- I love having a home range!!! :fire
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: What is a "tract" for purposes of the 10-acre rule?

#17

Post by Keith B »

Mdcanon wrote:We live outside any jurisdiction,city,town or incorporated area...We own over 10 acres..
Recently, a individual purchased 11 acres behind us.. Right away, he and some friends started shooting off high powered rifles..
I drove over there to introduce myself.
I first noticed they were Shooting with A-R 15 Rifle at a Bumper and at Bottles suspended 4 feet off the ground tied on a make shift horse..I jokingly told the Owner I did not want to get shot,so they moved the targets in the other direction..
The noise was deafening..
My question is under Statue Sec.229.002 the Regulation states on 10 acres you can shot with a shotgun,pistol ,bow, bob gun etc.
It states that you have to own over 50 acres to fire a Rifle or high caliber firearm.
Can they fire off a AR -15 on 10 acres or more or do they have to adhere to the sec.229.002 regulation?
Can the County rule that they can fire a AR-15 on 10 acres or more.
Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.
I possess a LTC over 10 years ..
Welcome to the forum. :tiphat:

You must have 10 acres for shotgun, air rifle/pistol, BB gun or bow and arrow.

You must have 50 acres for a rim-fire or center-fire pistol or rifle. They are breaking the law and need to be told to cease and desist their shooting on that small a tract.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

mescobar_rpls
Member
Posts in topic: 1
Posts: 90
Joined: Mon Apr 04, 2011 9:41 pm

Re: What is a "tract" for purposes of the 10-acre rule?

#18

Post by mescobar_rpls »

I would recommend NOT cutting your tracts of land into anything smaller then what you already have. The Texas Local Government Code, Chapter 232 prohibits the subdivision of land into tracts of 10 acres or less that is outside municipal city limits without the platting of the property. Platting the property can cost (depending where you live) upwards of $10k.

This statute is typically enforced when you pull permits (i.e. septic). And just dont think of what you are planning on doing. Think of what your successors would do when you sell, or pass on.

Miguel A Escobar, RPLS, LSLS.

NNT
Member
Posts in topic: 1
Posts: 100
Joined: Thu Jul 21, 2016 6:22 pm

Re: What is a "tract" for purposes of the 10-acre rule?

#19

Post by NNT »

Keith B wrote:
Mdcanon wrote:We live outside any jurisdiction,city,town or incorporated area...We own over 10 acres..
Recently, a individual purchased 11 acres behind us.. Right away, he and some friends started shooting off high powered rifles..
I drove over there to introduce myself.
I first noticed they were Shooting with A-R 15 Rifle at a Bumper and at Bottles suspended 4 feet off the ground tied on a make shift horse..I jokingly told the Owner I did not want to get shot,so they moved the targets in the other direction..
The noise was deafening..
My question is under Statue Sec.229.002 the Regulation states on 10 acres you can shot with a shotgun,pistol ,bow, bob gun etc.
It states that you have to own over 50 acres to fire a Rifle or high caliber firearm.
Can they fire off a AR -15 on 10 acres or more or do they have to adhere to the sec.229.002 regulation?
Can the County rule that they can fire a AR-15 on 10 acres or more.
Personally, they can shoot all they want using a lower caliber pistol but using these Rifles are very dangerous especially
When shooting at a target off the ground ,plus we live close by.
I possess a LTC over 10 years ..
Welcome to the forum. :tiphat:

You must have 10 acres for shotgun, air rifle/pistol, BB gun or bow and arrow.

You must have 50 acres for a rim-fire or center-fire pistol or rifle. They are breaking the law and need to be told to cease and desist their shooting on that small a tract.
In my area the county declared 5 acres legal to shoot. I think the law is to stop gov from banning shooting if you have at least 10/50 acres, not a min to have to shoot. No law against it locally, you can shoot on less. ?
User avatar

jmorris
Senior Member
Posts in topic: 2
Posts: 1540
Joined: Sat Mar 08, 2008 4:41 pm
Location: La Vernia
Contact:

Re: What is a "tract" for purposes of the 10-acre rule?

#20

Post by jmorris »

Jumping Frog wrote:
C-dub wrote:With only 10 or 15 acres I can shoot my shotgun, but can't shoot my handguns or rifles unless I have 50+ acres? That complicates my plans. A bunch! :grumble
It isn't about firearm type.

It is about incorporated land versus unincorporated land: you need 10 acres out in the country (unincorporated land) versus 50 acres inside a city limit (incorporated land).
Read the law as the op posted above. Both apply within a municipality or ETJ. C-dub is right. In the county the limit is that it must not leave your property.
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)

Mdcanon
Junior Member
Posts in topic: 4
Posts: 4
Joined: Sat Mar 03, 2018 7:36 am

Re: What is a "tract" for purposes of the 10-acre rule?

#21

Post by Mdcanon »

I do appreciate this information..Under Penal CodeTitle 9 Chapter 42 disorderly conduct, another option would be that the Shooting would exceed a certain decimal?

I did contact the Sheriff Department regarding firing a Rifle on 10 acres and they said ,if you own 10 acres or more you can shoot any caliber? He did make the statement (as far as he knew)Can the Commissioner Court overrule the 1981 Statue?
With all this information,I went ahead and emailed our County Commissioner explaining the situation..
We were in the process of Building a House when all this happened..
User avatar

LDB415
Senior Member
Posts in topic: 1
Posts: 1662
Joined: Sat Jun 21, 2014 12:01 am
Location: Houston south suburb

Re: What is a "tract" for purposes of the 10-acre rule?

#22

Post by LDB415 »

I can see most air guns and shotguns shooting pellets if one is at one edge of 10 acres shooting toward the far edge but anything primer fired is going to carry across many 10 acre tracts and still be going strong. I wouldn't want some idiots shooting AR's and other things at targets a few feet off the ground unless they were maybe at one corner of 1000 acres shooting toward the other corner and even that's iffy.

Others have mentioned holding 10.x acres jointly and that may be the best solution. A good real estate attorney is probably a good idea. Good luck figuring/working it all out.
It's fine if you disagree. I can't force you to be correct.
NRA Life Member, TSRA Life Member, GSSF Member
A pistol without a round chambered is an expensive paper weight.

Mdcanon
Junior Member
Posts in topic: 4
Posts: 4
Joined: Sat Mar 03, 2018 7:36 am

Re: What is a "tract" for purposes of the 10-acre rule?

#23

Post by Mdcanon »

Over the Years, I have learned, when it comes to a specific question in the resolution of any matter our local Government
Becomes confused? As Tax payers, we are entitled to just a little more assistance...

apostate
Senior Member
Posts in topic: 1
Posts: 2336
Joined: Sun Oct 14, 2007 10:01 am

Re: What is a "tract" for purposes of the 10-acre rule?

#24

Post by apostate »

bigtek wrote:If you think they're breaking the law, call the county sheriff office.
This.

lws380
Senior Member
Posts in topic: 1
Posts: 313
Joined: Tue Apr 24, 2007 9:57 pm
Contact:

Re: What is a "tract" for purposes of the 10-acre rule?

#25

Post by lws380 »

If I'm not mistaken, it is already illegal to shoot across a property line, no matter how much land you have.

Mdcanon
Junior Member
Posts in topic: 4
Posts: 4
Joined: Sat Mar 03, 2018 7:36 am

Re: What is a "tract" for purposes of the 10-acre rule?

#26

Post by Mdcanon »

Statue 229.002 is not applicable beyond the City,Town,,and or ETJ jurisdictions... Out in the rural areas or in the Country you can
Shoot as long as you own over 10 acres...At least,in our County...

ninjabread
Senior Member
Posts in topic: 1
Posts: 647
Joined: Tue Jan 17, 2017 7:12 pm

Re: What is a "tract" for purposes of the 10-acre rule?

#27

Post by ninjabread »

Good to know. Now what about the other 253 counties in Texas?
This is my opinion. There are many like it, but this one is mine.

User avatar

jmorris
Senior Member
Posts in topic: 2
Posts: 1540
Joined: Sat Mar 08, 2008 4:41 pm
Location: La Vernia
Contact:

Re: What is a "tract" for purposes of the 10-acre rule?

#28

Post by jmorris »

Mdcanon wrote:Statue 229.002 is not applicable beyond the City,Town,,and or ETJ jurisdictions... Out in the rural areas or in the Country you can
Shoot as long as you own over 10 acres...At least,in our County...
Since, as I understand it, Texas counties can't enact ordinances how do they impose the 10 acre rule?
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime
NRA Recruiter (link)
Post Reply

Return to “General Gun, Shooting & Equipment Discussion”