Is it legal to shoot a pellet/bb gun in a backyard in the city limits in Texas?

[elh0102]

I can't believe so many here think it's ok for police to not know the laws or not do their job but still boss you around. I'm not anti police and I support the police but we pay them well to do a job and they must be held accountable. You call the non emergency number and ask them to look it up. Any cop can call to check or call the solicitors office, it's what they do and it's part of what we pay for. Cops are not our bosses or our superiors in any way so don't let them talk to you as if they were. If there is a dispute have them call a supervisor, find the facts and be done with it right there. Freedom isn't free, you have to do a little work for it.

Speaking for myself, I didn't say it was okay, I just said don't count on the police knowing the answer, that's just the reality of it. If they get a complaint, and the responding officer isn't sure of the speific law, he/she should try to determine if the activity is against the law before arriving, but not always possible. We should remember, this air rifle thing is not a hot topic in most police departments or city/county attorney offices. I expect, most such complaints are made by folks who assume the rifle they saw was a firearm with a silencer. So the officer arrives in a high state of alert, and then has to totally reset when it becomes obvious the rifle was an air gun. It's just not something they see with any frequency. And frankly, I hope it remains that way. 

 

[Gameflyer450]

So pretty much NC is airgun and firearm hater’s , that’s what it sounds like to me.

 

[Gameflyer450]

Not referring to the ones who like guns obviously.

 

[heavy-impact]

If they get a complaint, and the responding officer isn't sure of the speific law, he/she should try to determine if the activity is against the law before arriving, but not always possible.

My point is that it is 100% possible every time and the cop has no business or authority to act otherwise. Please educate yourself, police have a responsibility and the way you and many others think is the reason they've gotten out of hand at times. You can and should remain totally calm and discuss the problem reasonably with any officer who responds. Police officers are regular people and their job is to serve and protect by enforcing the law... nothing more and nothing less. It's our duty just the same as theirs to make sure laws are being followed.

 

[OldSpook]

If they get a complaint, and the responding officer isn't sure of the speific law, he/she should try to determine if the activity is against the law before arriving, but not always possible.

My point is that it is 100% possible every time and the cop has no business or authority to act otherwise. Please educate yourself, police have a responsibility and the way you and many others think is the reason they've gotten out of hand at times. You can and should remain totally calm and discuss the problem reasonably with any officer who responds. Police officers are regular people and their job is to serve and protect by enforcing the law... nothing more and nothing less. It's our duty just the same as theirs to make sure laws are being followed.

Good advice. Let me add this for the OP and some of his advisors if you are dumb enough to take advice from some person on teh internet who advised you not to trust your local LEO or Sheriff you deserve the outcome.

You want to know the law in your county? Ask your county sheriff. You want to know the law in your town ask the local police chief.

No REALLY it is that simple.

 

[elh0102]

So pretty much NC is airgun and firearm hater’s , that’s what it sounds like to me.

Not sure how you arrived at that conclusion. No, our NC laws are, as best as I can learn, representative of many states, and certainly less restrictive than some. My guess, like me, many air rifle shooters don't know their local laws. I had no idea that air rifles had been included in some of the laws governing "firearms" as defined in Alphabet org regulation. NC has a strong tradition of hunting and participation in the shooting sports. If you got the impression that it is a strong anti-gun environment, then we miscommunicated. 

 

[Gameflyer450]

I’ve never been to North Carolina, so I’m just guessing based on what I heard.

 

[Gameflyer450]

I guess I misunderstood.

 

[elh0102]

If they get a complaint, and the responding officer isn't sure of the speific law, he/she should try to determine if the activity is against the law before arriving, but not always possible.

My point is that it is 100% possible every time and the cop has no business or authority to act otherwise. Please educate yourself, police have a responsibility and the way you and many others think is the reason they've gotten out of hand at times. You can and should remain totally calm and discuss the problem reasonably with any officer who responds. Police officers are regular people and their job is to serve and protect by enforcing the law... nothing more and nothing less. It's our duty just the same as theirs to make sure laws are being followed.

Two of my best friends are retired cops. Back when it was allowed, I rode many shifts with both of them. You are right, police officers are hard working folks who do their very best to protect us. And most of them try hard to be fair in their treatment of everyone. But they are not lawyers, and they can't be expected to know the details of every law. Whether every officer should know that air rifles are now included here in some of the firearm laws can be debated. I'm sure some of them do not, but I don't consider that a dereliction of duty.

 

[heavy-impact]

But they are not lawyers, and they can't be expected to know the details of every law. Whether every officer should know that air rifles are now included here in some of the firearm laws can be debated. I'm sure some of them do not, but I don't consider that a dereliction of duty.

I'm telling you there are procedures to follow and that they can call to confirm. I'm not saying every officer should know every law, I'm saying they are not wild west lawmen who can make it up as they go along. They are liable for their actions and have a duty to insure they are acting within the law. I've had many officer work for me over the years from high ranking ones to the worst of the worst and I grilled them on every detail. I know ones like the following aren't that common but you'd be surprised who can become a cop simple because they served in the US military. This guy worked for me at one point (for the record I am not and have never been a policeman or LEO of any kind)...

7News tracked the case of one officer who fits the “gypsy cop” profile after a shooting on the campus of Spartanburg Methodist College.

Campus police shot a man suspected of breaking into cars after they said he tried to run them down.

Officer Justin Yarbrough was among the officers who responded but he did not open fire. Spartanburg Methodist Police is the 9th agency that Yarbrough has worked for and his third agency in 2015. Some prior jobs only lasted a few months.

Yarbrough started with Union Police and left that job to work with the Union County Sheriff. The current sheriff, David Taylor, did not work with Yarbrough but said that the former deputy has since applied to return to the agency. Sheriff Taylor said he did not rehire him because of the officer’s history of moving between agencies.

From Union County, Yarbrough went to Clinton Police, Laurens Police, Cherokee County Sheriff, Jonesville Police, Laurens County Sheriff and Pacolet Police.

The Laurens County job began in October 2013. In February of 2015 documents filed with the Criminal Justice Academy showed Yarbrough resigned from that job “during investigation of alcohol use.”

Deputies said they could “smell an odor of alcohol” while Yarbrough was responding to a call. The reports provided by the Sheriff’s office show deputies believed Yarbrough’s driving ability was “compromised” and said they discovered a half-empty bottle of rye whiskey and a baggie of assorted pills in his patrol cruiser.

According to state records, Yarbrough said “I’m not taking no drug test, I guess I’ll resign”.

That’s when he left Laurens County to spend 7 weeks working for the Pacolet police.

“You have some agencies that take the approach, we need warm bodies, so they will hire that individual,” said Taylor who said his office is more selective in new hires.

“They’re going to get hired somewhere,” he said.

“That’s happened,” said Webb, “It happens every day. It’s happened here. It happens everywhere.”

 

[elh0102]

But they are not lawyers, and they can't be expected to know the details of every law. Whether every officer should know that air rifles are now included here in some of the firearm laws can be debated. I'm sure some of them do not, but I don't consider that a dereliction of duty.

I'm telling you there are procedures to follow and that they can call to confirm. I'm not saying every officer should know every law, I'm saying they are not wild west lawmen who can make it up as they go along. They are liable for their actions and have a duty to insure they are acting within the law. I've had many officer work for me over the years from high ranking ones to the worst of the worst and I grilled them on every detail. I know ones like the following aren't that common but you'd be surprised who can become a cop simple because they served in the US military. This guy worked for me at one point (for the record I am not and have never been a policeman or LEO of any kind)...

7News tracked the case of one officer who fits the “gypsy cop” profile after a shooting on the campus of Spartanburg Methodist College.

Campus police shot a man suspected of breaking into cars after they said he tried to run them down.

Officer Justin Yarbrough was among the officers who responded but he did not open fire. Spartanburg Methodist Police is the 9th agency that Yarbrough has worked for and his third agency in 2015. Some prior jobs only lasted a few months.

Yarbrough started with Union Police and left that job to work with the Union County Sheriff. The current sheriff, David Taylor, did not work with Yarbrough but said that the former deputy has since applied to return to the agency. Sheriff Taylor said he did not rehire him because of the officer’s history of moving between agencies.

From Union County, Yarbrough went to Clinton Police, Laurens Police, Cherokee County Sheriff, Jonesville Police, Laurens County Sheriff and Pacolet Police.

The Laurens County job began in October 2013. In February of 2015 documents filed with the Criminal Justice Academy showed Yarbrough resigned from that job “during investigation of alcohol use.”

Deputies said they could “smell an odor of alcohol” while Yarbrough was responding to a call. The reports provided by the Sheriff’s office show deputies believed Yarbrough’s driving ability was “compromised” and said they discovered a half-empty bottle of rye whiskey and a baggie of assorted pills in his patrol cruiser.

According to state records, Yarbrough said “I’m not taking no drug test, I guess I’ll resign”.

That’s when he left Laurens County to spend 7 weeks working for the Pacolet police.

“You have some agencies that take the approach, we need warm bodies, so they will hire that individual,” said Taylor who said his office is more selective in new hires.

“They’re going to get hired somewhere,” he said.

“That’s happened,” said Webb, “It happens every day. It’s happened here. It happens everywhere.”

Agree, points are all well taken.

 

[Brent]

I don't live inside city limits, so it's not an issue for me. I have places I can shoot up to 400 yrds with no issue, thirty ft tall sand pile 130 ft long backstop. I don't use it much anymore but if I need to burn some powder it's a great place. I have room behind the house to shoot up to 100 yrds for air when needed. There are a couple ranges not too far in the county that are outside city limits. I've always done my shooting on private lands.

 

[willy]

Man" i always thought of Texas,as being a state were ifen ya has had a 10gal hat and spurs that guns were no issue? they still do have cowboys their?i guess i lived in cal. to loooooooong"

 

[ba49]

 I would suggest asking your local law director or prosecutor. Sometimes when they see that you are a responsible adult they don't have a problem with it. After all if you do get busted they would determine if you would be charged. It gives you an idea of how they feel about it. 

 

[elh0102]

I would suggest asking your local law director or prosecutor. Sometimes when they see that you are a responsible adult they don't have a problem with it. After all if you do get busted they would determine if you would be charged. It gives you an idea of how they feel about it.

Unless you know them personally, asking this of an ADA or city attorney is only going to get the statute quoted to you. Whether they might choose to prosecute a case depends on the case facts that can't be known when asking such an opinion. For this to even come to the attention of the judicial system, it has to be assumed that someone has complained, and may wish to press charges. At that point, it's not a matter that the prosecutor may be able to just forget. Basically, it's a can of worms best left unopened.

 

[heavy-impact]

Unless you know them personally, asking this of an ADA or city attorney is only going to get the statute quoted to you. Whether they might choose to prosecute a case depends on the case facts that can't be known when asking such an opinion. For this to even come to the attention of the judicial system, it has to be assumed that someone has complained, and may wish to press charges. At that point, it's not a matter that the prosecutor may be able to just forget. Basically, it's a can of worms best left unopened.

Assuming there is an ordinance against it which is a simple yes or no. A complaint means nothing to a legal activity.

 

[elh0102]

Unless you know them personally, asking this of an ADA or city attorney is only going to get the statute quoted to you. Whether they might choose to prosecute a case depends on the case facts that can't be known when asking such an opinion. For this to even come to the attention of the judicial system, it has to be assumed that someone has complained, and may wish to press charges. At that point, it's not a matter that the prosecutor may be able to just forget. Basically, it's a can of worms best left unopened.

Assuming there is an ordinance against it which is a simple yes or no. A complaint means nothing to a legal activity.

Actually, in a situation like this, a complaint usually means everything. Shooting an air rifle in the yard isn't like speeding. Cops don't go out looking for folks shooting air rifles in their yard. 

 

[heavy-impact]

Actually, in a situation like this, a complaint usually means everything. Shooting an air rifle in the yard isn't like speeding. Cops don't go out looking for folks shooting air rifles in their yard.

I'm saying a complaint means nothing if the act they're complaining about is not illegal. People can complain all they want but police have no authority to act without a law to act upon. If the person lies to the police to force action then they are criminally and civilly liable.

 

[elh0102]

Agree totally. Guess I automatically considered it in my context, since I recently learned that it is illegal here. Which is a change for me, as I know that was not the case years ago when I first started shooting air rifles. And to carry your point further, if the activity is illegal, and a person admits to it, then a complaint is not required for enforcement. I've already screwed myself on that one. Since I thought it was allowed, I talked with my two close neighbors about my hobby, to avoid them being alarmed if they should see me in the backyard with a "gun". They're both cool with it, so I'm continuing to hope that reasonable thinking will prevail. But, I'm not naive about it, and someday my backyard shooting will be a thing of the past. But I'm now doubly sure that I shoot only very quiet rifles, that no pellet leaves my property, and that no one other than those two neighbors are on their property at the time. 

 

[heavy-impact]

Talking to your neighbors is the best thing we can do to prevent misunderstandings. The more we talk about anything the better we understand each other.

If you talk to strangers they're not strangers anymore.

Merry Christmas everyone! Don't forget to smile and have fun.