Caldwell county new gun law

[tommyg]

It is now illegal to discharge a gun on a rural property under 10 acres Caldwell county

This can cause you to lose your carry rights if convicted since it is a firearms violation

Class "C" for first time class "B" for second time

Does this make it illegal to shoot a hog or a coral snake in your 5 acre yard

This ordinance was rushed through


https://www.fox7austin.com/news/caldwel ... strictions

[oohrah]

Counties can regulate properties less than 10 acres. State preempts regulating anything larger.

So, no, you cannot discharge a firearm in Caldwell County on property less than 10 acres, just like being inside a city limit.

This issue is where people get confused about the 10 acre rule. If the county has chosen not to regulate firearms discharge, you can shoot on any size property in unincorporated areas, as long as you keep the bullets on your property. But, if you are buying property to shoot, best to buy more than 10 acres to be safe.

ETA: I don't think shooting a feral hog would classify as self-defense, just MHO.

[jmorris]

According to the Caldwell County website:

Exceptions to the order include: 

The person is a peace officer on duty acting in an official capacity.
Acting in self defense.
Acting in defense of a third party.
Acting in defense of property. 

So if the snake, hog, coyote[1], feral dog, etc is posing a threat or activity damaging property you should be able to shoot it. You're lucky they explicitly stated the exceptions. In Willson County they didn't which resulted in an individual who discharged a firearm to scare off intruders ending up in court. I never heard the outcome of that, I need to check.

[1] Especially if carrying an anvil or explosives.

[Ruark]

Cripes. So if you have 9.9 acres and there's a million doves flying over on Opening Day, you can't shoot any, after taking out a half million dollar mortgage to buy some rural land and build a place to retire? What a freaking bummer. How the heck did that happen - republicans outnumber democrats 6 - 2 in the Commissioner's offices.

[ScottDLS]

It is now illegal to discharge a gun on a rural property under 10 acres Caldwell county

This can cause you to lose your carry rights if convicted since it is a firearms violation

Class "C" for first time class "B" for second time

Does this make it illegal to shoot a hog or a coral snake in your 5 acre yard

This ordinance was rushed through


https://www.fox7austin.com/news/caldwel ... strictions

A class C conviction will not make you ineligible for a LTC, unless the class C violation is charged as "disturbing the peace" under 42.01 of the penal code. Since this a county commissioners court order and not a state statute violation, it wouldn't qualify.

And further, since you no longer require a LTC to exercise most of your "carry rights" you will not lose them even with a PC 42.01 conviction.

[Mike S]

Looking at the details, it looks like it only prohibits "the discharge of firearms in subdivisions on lots 10 acres or smaller". So, not all rural properties; just within subdivisions.

[jmorris]

Looking at the details, it looks like it only prohibits "the discharge of firearms in subdivisions on lots 10 acres or smaller". So, not all rural properties; just within subdivisions.

From my reading (IANAL) of LOCAL GOVERNMENT CODE, TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES, SUBTITLE B. COUNTY REGULATORY AUTHORITY, CHAPTER 232. COUNTY REGULATION OF SUBDIVISIONS, any dividing of a property constitutes a subdivision. So if I hack 8 acres off my 100 to gift to my kid that is a subdivision of property, a plat must be done, and the rules apply.

I eagerly await correction.

[Ruark]

any dividing of a property constitutes a subdivision. So if I hack 8 acres off my 100 to gift to my kid that is a subdivision of property, a plat must be done, and the rules apply.

I'm not so sure. Need a cite on that "any dividing of a property..." idea.

[jmorris]

any dividing of a property constitutes a subdivision. So if I hack 8 acres off my 100 to gift to my kid that is a subdivision of property, a plat must be done, and the rules apply.

I'm not so sure. Need a cite on that "any dividing of a property..." idea.

Sec. 232.001. PLAT REQUIRED. (a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out:

(1) a subdivision of the tract, including an addition;

(2) lots; or

(3) streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use.

(a-1) A division of a tract under Subsection (a) includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.