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air rifle in the city
Posted: Wed May 22, 2013 3:53 pm
by 1s1k52
I was walking around Cabela's earlier and for whatever reason wanted to see what was going on in the airsoft/pellet gun world. One was labeled to travel above 1300fps!! Clearly things have changed in that relm since I owned one. I was looking around and from I could tell as along as it doesnt carry over they are legal in city limits I.E backyards with a decent backstop and fences? Comments? To bad dove is illegal to take with one because I swear the fattest juicest looking dove ONLY live in places they can't be shot at.
Re: air rifle in the city
Posted: Wed May 22, 2013 5:20 pm
by RottenApple
Depends on the city. Wylie, for example, has banned their use along with bows, slingshots, etc. Check your city ordinances closely.
Re: air rifle in the city
Posted: Wed May 22, 2013 5:23 pm
by Beiruty
In our city it is no go with a fine if you are caught. I would say lobby your city official to change the law on their books.
Re: air rifle in the city
Posted: Wed May 22, 2013 5:39 pm
by Jumping Frog
Also, realize there is no hiding the fact you are shooting one from a noise perspective.
A 1300 fps pellet is faster than the speed of sound, so it gives a nice little "CRACK".
Re: air rifle in the city
Posted: Wed May 22, 2013 5:57 pm
by SRH78
Yep, in most cities, anything that fires a projectile is illegal and 1300 fps is supersonic and will make a crack.
Re: air rifle in the city
Posted: Wed May 22, 2013 6:34 pm
by RX8er
1s1k52 wrote:I was walking around Cabela's earlier and for whatever reason wanted to see what was going on in the airsoft/pellet gun world. One was labeled to travel above 1300fps!! Clearly things have changed in that relm since I owned one. I was looking around and from I could tell as along as it doesnt carry over they are legal in city limits I.E backyards with a decent backstop and fences? Comments? To bad dove is illegal to take with one because I swear the fattest juicest looking dove ONLY live in places they can't be shot at.
I have a friend who swears they are illegal in McKinney but I have not found any law. The majority of cities treat them as a firearm and ban their use. I know that Fort Worth does and will write you a ticket.
Texas has only one law that I have ever been able to find about airsoft and funny, it applies to us in the gun powder world too.
Texas Local Government Code Chapter 229.002. REGULATION OF DISCHARGE OF 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.
Added by Acts 2005, 79th Leg., Ch. 18, Sec. 4, eff. May 3, 2005.
Re: air rifle in the city
Posted: Wed May 22, 2013 6:47 pm
by RottenApple
RX8er wrote:I have a friend who swears they are illegal in McKinney but I have not found any law.
Your friend is correct.
From McKinney city ordinances.....
Sec. 70-1. - Discharging and carrying firearms and projectile weapons.
(a)
It shall be unlawful for any person, other than a peace officer, to carry a firearm in any city building or other municipal property, unless the person is duly licensed by the state to carry a concealed handgun and pursuant to state law may carry a concealed handgun in a particular building or on said property.
(b)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, firearm, or bow and arrow of any kind within the city limits, except:
(1)
Within a properly secured and permitted indoor or outdoor firearms range, constructed and maintained in accordance with applicable National Rifle Association specifications and standards and any standards prescribed by city ordinance;
(2)
Upon a shooting range owned and operated by a governmental entity; or
(3)
By any authorized person participating in a wildlife management program to mitigate wildlife hazards near the Collin County Regional Airport or the McKinney Landfill.
(c)
The term "city building," as used in this section, means any building or portion of a building owned, occupied, leased, or controlled by the city, for city or public operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.
(d)
The term "handgun," as used in this section, means any firearm that is designed, made or adapted to be fired with one hand, and the term "concealed handgun," as used in this section, means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(e)
The terms "gun," "pistol," "rifle" and "firearm," as used in this section, means and includes all percussion weapons, all air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.
(f)
The term "bow and arrow," as used in this Code, shall have the same meaning as intended, defined or construed under V.T.C.A., Local Government Code ch. 229, as amended.
(g)
The term "projectile weapon," as used in this Code, means firearms (unless permitted under subsection (a) of this section), fireworks, airguns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public.
(h)
This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(i)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-18
(j)
The prohibition of the use of a bow and arrow set forth in subsection (b) of this section, does not apply in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the bow and arrow is utilized:
(1)
On a tract of land of ten acres or more and:
a.
More than 1,000 feet from:
1.
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
2.
The property line of a school, hospital, or commercial day-care facility;
b.
More than 600 feet from:
1.
The property line of a residential subdivision; and
2.
The property line of a multifamily residential complex; and
c.
More than 150 feet from a residence or occupied building located on another property; and
(2)
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
(Code 1982, § 20-2; Ord. No. 608, § I, 11-18-1963; Ord. No. 96-01-04, § 1, 1-2-1996; Ord. No. 2000-09-72, § I, 9-19-2000; Ord. No. 2003-09-081, § 1, 9-16-2003; Ord. No. 2005-12-130, § I, 12-6-2005; Ord. No. 2006-06-076, § 2, 6-20-2006; Ord. No. 2009-08-053, § 3, 8-4-2009)
Re: air rifle in the city
Posted: Wed May 22, 2013 6:50 pm
by RX8er
RottenApple wrote:RX8er wrote:I have a friend who swears they are illegal in McKinney but I have not found any law.
Your friend is correct.
From McKinney city ordinances.....
Sec. 70-1. - Discharging and carrying firearms and projectile weapons.
(a)
It shall be unlawful for any person, other than a peace officer, to carry a firearm in any city building or other municipal property, unless the person is duly licensed by the state to carry a concealed handgun and pursuant to state law may carry a concealed handgun in a particular building or on said property.
(b)
It shall be unlawful for any person to discharge any BB gun, pellet gun, gun, pistol, rifle, firearm, or bow and arrow of any kind within the city limits, except:
(1)
Within a properly secured and permitted indoor or outdoor firearms range, constructed and maintained in accordance with applicable National Rifle Association specifications and standards and any standards prescribed by city ordinance;
(2)
Upon a shooting range owned and operated by a governmental entity; or
(3)
By any authorized person participating in a wildlife management program to mitigate wildlife hazards near the Collin County Regional Airport or the McKinney Landfill.
(c)
The term "city building," as used in this section, means any building or portion of a building owned, occupied, leased, or controlled by the city, for city or public operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage or other parking area.
(d)
The term "handgun," as used in this section, means any firearm that is designed, made or adapted to be fired with one hand, and the term "concealed handgun," as used in this section, means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(e)
The terms "gun," "pistol," "rifle" and "firearm," as used in this section, means and includes all percussion weapons, all air guns, air pistols, air rifles and all other firearms using air pressure to propel a projectile.
(f)
The term "bow and arrow," as used in this Code, shall have the same meaning as intended, defined or construed under V.T.C.A., Local Government Code ch. 229, as amended.
(g)
The term "projectile weapon," as used in this Code, means firearms (unless permitted under subsection (a) of this section), fireworks, airguns, bows and arrows, slingshots or any device which would or could project any object which would or could create a fire hazard or any hazard or danger to the public.
(h)
This section shall not be construed to prohibit any peace officer from discharging a firearm in the performance of his duty, nor to prohibit any citizen from discharging a firearm when lawfully defending person or property.
(i)
Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-18
(j)
The prohibition of the use of a bow and arrow set forth in subsection (b) of this section, does not apply in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the bow and arrow is utilized:
(1)
On a tract of land of ten acres or more and:
a.
More than 1,000 feet from:
1.
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
2.
The property line of a school, hospital, or commercial day-care facility;
b.
More than 600 feet from:
1.
The property line of a residential subdivision; and
2.
The property line of a multifamily residential complex; and
c.
More than 150 feet from a residence or occupied building located on another property; and
(2)
In a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
(Code 1982, § 20-2; Ord. No. 608, § I, 11-18-1963; Ord. No. 96-01-04, § 1, 1-2-1996; Ord. No. 2000-09-72, § I, 9-19-2000; Ord. No. 2003-09-081, § 1, 9-16-2003; Ord. No. 2005-12-130, § I, 12-6-2005; Ord. No. 2006-06-076, § 2, 6-20-2006; Ord. No. 2009-08-053, § 3, 8-4-2009)
Dang it, you beat me to it. I was just editing my post because I found it.
Re: air rifle in the city
Posted: Wed May 22, 2013 6:52 pm
by RottenApple
RX8er wrote:Dang it, you beat me to it. I was just editing my post because I found it.
Their website is a pain to negotiate, but once you find where to look, searching is a snap.
Re: air rifle in the city
Posted: Thu May 23, 2013 9:59 am
by 1s1k52
Clearly I wasn't looking hard enough. It makes sense though 1300fps could really do some damage IMO. For half the price of some of the pellet guns I saw, other then ammo prices, why not just do a .22? Sometimes I see a used marlin 60 for about 80 bucks at pawn shops.
Re: air rifle in the city
Posted: Thu May 23, 2013 10:11 am
by daniel2002p
Looks like Irving, TX does not explicitly state you cannot do it on your land.
Sec. 24-16.
(b) It shall be unlawful for any person to discharge any air gun
from or across any street, sidewalk, alley or public land, or any
public place, except on a properly constructed target range.
(Ord. No. 225, § 4)
State law reference(s)--Discharging air guns, Penal Code, art.
480.
So does this mean yes one can shoot BBs in back yard or heck to the no?
--Daniel
Re: air rifle in the city
Posted: Thu May 23, 2013 1:03 pm
by 1s1k52
daniel2002p wrote:Looks like Irving, TX does not explicitly state you cannot do it on your land.
Sec. 24-16.
(b) It shall be unlawful for any person to discharge any air gun
from or across any street, sidewalk, alley or public land, or any
public place, except on a properly constructed target range.
(Ord. No. 225, § 4)
State law reference(s)--Discharging air guns, Penal Code, art.
480.
So does this mean yes one can shoot BBs in back yard or heck to the no?
--Daniel
that is interesting. Does it state in the laws what is stated to be a target range?
Re: air rifle in the city
Posted: Fri May 24, 2013 10:54 am
by sdmahoney
I've been shooting my BB gun in my yard in Dallas for years with no issues. I haven't been able to find anything regarding them in Dallas city code other than under brandishing replica firearms, but I seem to remember turning up a law in the past that basically stated the pellets/BBs couldn't cross your property line. I posted what I found below. You can see that a pellet or BB gun is considered a replica firearm in section 31-16, but the offense to discharge is related to a firearm. I did see that there was a penalty for discharging an air gun listed, but without the code, it's hard to tell what that really means. The three cops that live on my block have never given me any trouble.
SEC. 31-4. DISCHARGING A FIREARM IN A PRIVATE PLACE.
(a) A person commits an offense if he discharges a firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, in a place not customarily open to the public, whether the shell or cartridge is blank or live ammunition.
SEC. 31-16.
(6) REPLICA FIREARM means any device or object that is a toy version or facsimile of, or is reasonably likely to be perceived as, a pistol, revolver, shotgun, sawed- off shotgun, rifle, machine gun, rocket launcher, or other firearm, and includes but is not limited to a starter pistol, BB gun, pellet gun, air soft gun, paintball gun, or air rifle.
(b) A person commits an offense if he recklessly displays or brandishes a replica firearm in a manner or under circumstances that cause another person to:
(1) reasonably believe that the replica firearm is actually an operable firearm; and
(2) fear imminent bodily injury from a firearm.
Re: air rifle in the city
Posted: Mon May 27, 2013 1:20 pm
by Shinesintx
I know a guy who shoots his air rifle in the city limits. He has been very helpful in eradicating rabbits.
Re: air rifle in the city
Posted: Mon May 27, 2013 1:34 pm
by RHenriksen
I have a fuzzy memory of one of the 2013 bills referencing air pistols/rifles. Can't recall the context, though. Maybe including them in what kids are allowed to have, or state pre-emption, or something? Can anyone recall?