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Legality of hunting on private property / discharging a firearm in Dallas #6826025 07/18/17 01:50 PM
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DTX hunter Offline OP
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Howdy everyone,
We have 10+ acre property with great duck hunting right on the dallas county line, I literally can throw a rock across the street and it’s not dallas.
Last season after a few hunts (first season hunting here) police were called and we got hounded for discharging a firearm in the City of Dallas.
We had researched this prior and we found a Texas statute that says if the property is bigger than 10 acres, you can discharge a shotgun. It had to be over 50 acres to discharge a centerfire rifle.

Does anyone have any experience or input on if we are allowed to discharge a shotgun on the property since it’s over 10 acres?

Thanks

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826042 07/18/17 02:03 PM
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rickym Offline
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You have the numbers correct for the state, though each county can have their own laws on the subject. Therefore you need to call your county GW.



Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826126 07/18/17 03:16 PM
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DTX hunter Offline OP
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From my understanding, the state ruling supersedes any county law.

The two sections I found:

Quote:
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.


Quote:
Sec. 235.022. AUTHORITY TO REGULATE. To promote the public safety, the commissioners court of a county by order may prohibit or otherwise regulate the discharge of firearms on lots that are 10 acres or smaller and are located in the unincorporated area of the county in a subdivision.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826137 07/18/17 03:24 PM
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(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

Is probably going to trip you up on 10 acres.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826146 07/18/17 03:35 PM
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rickym Offline
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I personally just spoke with one of the dallas county GWs and he said that you need to contact the nearest city because you are subject to city ordinance and you need to contact them. They have the final say not the gw. Though the gw did say 10 acres was fine by them.

So you need to check your city ordinance and go from there. Being so close to town you will likely always have people calling on you.



Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826166 07/18/17 03:52 PM
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DTX hunter Offline OP
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The property is 25 acres. We have two neighbors with about 20 acres each who are OK with us hunting...could technically form a co-op or something with them if needed.

There is apparently some old man who is the one calling police on us and not ok with blasting ducks early in the mornings.

Dallas County sheriffs office told me they are OK with it.
I have heard two different things from Dallas Police Officers. Some say it’s fine and some say no go. When I call into to Dallas police, they have no idea what the state ruling is I reference to.

It is dallas police that respond to the address

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826185 07/18/17 04:05 PM
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Invite the officers out for a weekend hunt. Problem solved.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826214 07/18/17 04:36 PM
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bang Just noticed... welcome ta texasHF
violin the song: going threw the Big D & i dont mean Dallas comes ta mind, only with a twist... Privet land vs county line...

2cents If Ya look at when OSBWMA first opened up ta public... Hoard road was the West Boundry...
When Sabine floods, its like one big lake... Water runs over the road between the two bridges & road is closed...
Duck hunters wood hunt hunt when flooded... Land on WEst side of Hoard was privite, not part of WMA... Not sure of all legal details... From what was told, River boundry came into effect & thats when they extended the WMA to the West boundry Fence of Land owner... confused2 i got cheap posts, just what i was told, one of the Mods or the Lawyer, NP, not sure of correct user name, would be more qualified... Do know from personal dealings, Laws are constintly changing...

Shot gun range is limited, even when chooting, flying ducks or geese, Safety is rule No. 1, & take it for granted, you blinds are facing away from roads, buildings, & such... nidea Do they make silancers for shot guns ?

rofl Google strange laws still on the books...

2cents Few years back had an officer show up at house... He didnt give name of person reporting... Something bout my truck, white chevy S10 & miie hsa home made sign, took 5 gal pail Sprayed paint around it, then put H B, with on rightlie of H conected with the straight line of B, H upper left B lower Right, so very easy identified...
He told me truck discibbed was run off, after argument accured... asked who was complaint, he never said... this was at time when when out of work... told him, truck was only driven, one or two places, & never got inta argument & run off... Then over his Mike heard fellow officer ask if he needed Back-up... He replied NO...
The officer was just doing his job following up on a complaint... flag

Last edited by colt.45; 07/18/17 04:58 PM.


i'm postaddic
Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826236 07/18/17 04:51 PM
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Read chapter 41 dallas city ordinance.

It states it is unlawful to discharge a firearm within dallas city limits. Unless you have a written document from city cousel or you are on an agricultural property that is part of a-1 agriculture and if that is the case you must be 200 feet from any occupied building. Agricultural crops do not qualify for a-1



Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826259 07/18/17 05:14 PM
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Is the property only in Dallas County or is it also within the city limits of the City of Dallas? Your post doesn't say.


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Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826271 07/18/17 05:28 PM
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It is within city limits

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826287 07/18/17 05:39 PM
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DCAD (dallas appraisal website) says zoning is agricultural district

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826313 07/18/17 06:07 PM
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Based on what ive read and what you have said, it sounds legal to me. Like I said before, you will likely always have complaints due to being so close to the city/other people.

Welcome to the forum.



Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: rickym] #6826458 07/18/17 08:26 PM
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Do you have any link to this? I cant find info regarding this in reference to any chapter 41.

The property is definitely zoned as A(A) agricultural.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826831 07/19/17 01:43 AM
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just do some bartering..retain a lawyer..and do what you want..just be safe in all you do..if trouble comes..it will finnaly come to fruition..then you will have your ansewer...in the mean time have fun..

Last edited by mow; 07/19/17 01:44 AM.
Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6826954 07/19/17 05:23 AM
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When was it annexed into the city? I have done some dove hunting in Dallas county but was in Sunnyvale and annexed after 1981 so legal. GW lived next door.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6827244 07/19/17 03:13 PM
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Your probably in the Dallas ETJ which would make it illegal.......


"You may all go to hell and I will go to Texas".
Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6842123 08/02/17 11:28 AM
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perfectly legal, this is exactly why the state made the laws protecting hunting within city limits. Every year, land is dwindling, in Frisco they were up in arms over the dove hunting and the police chief even said there is nothing they can do to stop it since it's protected by state law if within the bounds the state mandated. No surprise the DPD wouldn't have any idea of the state law regarding it, Frisco dealt with it so much they were all aware of it.

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6842125 08/02/17 11:31 AM
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Oh, just read the law. If land was annexed prior to 1981 they can stop you from doing it if they so desire.......might want to research that part

Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6843809 08/03/17 02:49 PM
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Doubt it's legal if you're in the city limits.


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Don't text and drive.
Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: DTX hunter] #6845349 08/04/17 06:25 PM
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Go talk to a reputable local lawyer.

Get reliable legal advice.


To be determined
Re: Legality of hunting on private property / discharging a firearm in Dallas [Re: JRR] #6845474 08/04/17 08:23 PM
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Originally Posted By: JRR
Oh, just read the law. If land was annexed prior to 1981 they can stop you from doing it if they so desire.......might want to research that part


It really comes down to this, was the land annexed prior to 1981? If not and you are on more than 10 acres, far enough away from your neighbors house, and the projectiles aren't crossing the property line you are good to go. The law was put in place to stop cities from being able to restrict exactly what you are trying to do. It is written relatively clearly.

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