Any TPW rules

[Pushbutton2]

That state how far FROM the road or shoulder/easement I must be to discharge a firearm?

Only thing I've found in the rules and regulations say I can't shoot ON or ACROSS a public road way.


Link:

https://tpwd.texas.gov/regulations/outdoor-annual/hunting/general-regulations/restricted-areas-in-counties

Here's the backstory:
Landowner says he's got pigs rooting in one of his pastures. Cows have been rotated to another pasture.
He tells me they're rooting by the big tree on the fence line.
This fence runs perpendicular to the road.
The pasture gate is at the junction of that fence and the one that runs parallel to the road.
The far side of that pasture is trees.
I'm thinking of setting up with my 300 WSM inside the gate on the trail. Should give me easy access and excellent fields of view and fire. In addition to being bordered by trees on the far side and most of the far right side.
Houses in the area will be to my far right several hundred yards away.

[miket]

Good question, I have looked for it a few times too in the last few yrs. I could swear when I was younger it was stated in the book. I believe it was 50ft but obviously dont quote me. In for the answer.

[DUKFVR]

We have always hunted right up against the fence off the road for doves and been checked plenty of times. Never had any issues. Don't think there is any certain distance once you are on your land.

[bowhuntntxn]

The distance is usually dictated by city ordinances, county code or TXDOT. It won't be found in TPWD regs. Here where I live, I used to hunt a property that bordered school district owned land. The school district code was no firearms within 500 feet of any school district property. So I measured out 501 feet, flagged it and hunted inside my flagging.

The city cop that stopped to ticket me was pretty impressed I knew the regs and adjusted accordingly.

[Pushbutton2]

Went out and setup some cameras last night. the road isn't the high ground..
I really want to be up in the tree they're rooting around. but my shot angle with a gun s towards populated areas. So I'll have to revisit stand locations..... there's a clump of trees in the middle but I'm not sure I'll see one fence where they'd been rooting......

[Kmart49]

Only thing I'm aware of is not shooting across property lines and or a road. Also must be at least 250' (pretty sure but not positive) from a residence.

[Shinesintx]

The distance is usually dictated by city ordinances, county code or TXDOT. It won't be found in TPWD regs. Here where I live, I used to hunt a property that bordered school district owned land. The school district code was no firearms within 500 feet of any school district property. So I measured out 501 feet, flagged it and hunted inside my flagging.

The city cop that stopped to ticket me was pretty impressed I knew the regs and adjusted accordingly.

This guy knows.


I used to hunt here in Frisco where the old Perot airfield was. Had to stay a 1000 feet away from the Methodist Church. Never got a talking to by the cops or the Firemen at the fire station where I hunted.

[Drycreek3189]

Good question, I have looked for it a few times too in the last few yrs. I could swear when I was younger it was stated in the book. I believe it was 50ft but obviously dont quote me. In for the answer.

You're right, it used to be 50', but now I think you just have to be inside the fence, and of course shooting away from it.

[tvc184]

That state how far FROM the road or shoulder/easement I must be to discharge a firearm?

Only thing I've found in the rules and regulations say I can't shoot ON or ACROSS a public road way.
[ATTACH]869390[/ATTACH]

Link:

https://tpwd.texas.gov/regulations/outdoor-annual/hunting/general-regulations/restricted-areas-in-counties

Here's the backstory:
Landowner says he's got pigs rooting in one of his pastures. Cows have been rotated to another pasture.
He tells me they're rooting by the big tree on the fence line.
This fence runs perpendicular to the road.
The pasture gate is at the junction of that fence and the one that runs parallel to the road.
The far side of that pasture is trees.
I'm thinking of setting up with my 300 WSM inside the gate on the trail. Should give me easy access and excellent fields of view and fire. In addition to being bordered by trees on the far side and most of the far right side.
Houses in the area will be to my far right several hundred yards away.

What you are talking about is from the Penal Code under Chapter 42, Disorderly Conduct. The PC does not define "road" but in the Transportation Code, it is the actual traveled part where vehicles are supposed to drive on. It is not the shoulder or any other part of the public right of way. The way I take the Penal Code prohibition from shooting across or upon a road means that you can't stand or shoot across where vehicles are meant to drive.

However......

That isn't the only part of the Penal Code under Chapter 42 about discharging a firearm. It is also says it is against the law to discharge a firearm in any "public place" ((7) discharges a firearm in a public place)

A "public place" is defined in the PC as any place the public or a substantial (not majority) part of the public has access. That includes the entire width of a "highway" which is the roadway (as described earlier) and the public right of way. I have never seen any number of feet attached to the definition of public place. Either you are in a public place or you aren't. It also includes things like the WalMart parking lot where the public has access. If you are on private land (by any number of feet in my opinion) then you are good to go.... under that statute.

However.......

There is another part of the same law that says it is against the law to make an unreasonable noise "near a private residence that he has no right to occupy". I have seen people arrested for that law.

So.... a road should be obvious. Also any part of the public "highway" or public right of way is "public" so it is still against the law to discharge any firearm. Even if any number of feet onto private property (making that part of the law legal), if you are making any unreasonable noise (by any means and not only firearms) near a residence that you have no right to occupy, it is still against the law.

The Disorderly Conduct laws are what some states call disturbing the peace. Under the TX law, shooting any firearm upon a road, near a residence that you have no right to occupy or any public place are disturbing the peace. The road and public place are generally pretty easy to define by the location. The "near a residence" and making an unreasonable noise are open more to opinion of an officer on the scene. Of course any accusation can be brought before a judge or jury but on the scene, the officer can make a determination whether charges need to be filed at that moment in time.

As to your situation, if you are inside of a private gate, you are no longer in a "public place" as the public does not have lawful access to it. That part you are clear if I was making the call on scene. Then the we the "near" a residence issue. If you are several hundred yards away, it simply is not an issue.... in my opinion. Several hundred yards is not near anything but I am not the one on scene making the call.

Sometimes the problem is that a person can look at one particular law and say, I am legal. Under that law it may very well be true. A different law might have a different take on it however. I notice that a lot int he traffic law discussions. Under one law you are okay but in another, not so much.

In my opinion.

[Pushbutton2]

What you are talking about is from the Penal Code under Chapter 42, Disorderly Conduct. The PC does not define "road" but in the Transportation Code, it is the actual traveled part where vehicles are supposed to drive on. It is not the shoulder or any other part of the public right of way. The way I take the Penal Code prohibition from shooting across or upon a road means that you can't stand or shoot across where vehicles are meant to drive.

However......

That isn't the only part of the Penal Code under Chapter 42 about discharging a firearm. It is also says it is against the law to discharge a firearm in any "public place" ((7) discharges a firearm in a public place)

A "public place" is defined in the PC as any place the public or a substantial (not majority) part of the public has access. That includes the entire width of a "highway" which is the roadway (as described earlier) and the public right of way. I have never seen any number of feet attached to the definition of public place. Either you are in a public place or you aren't. It also includes things like the WalMart parking lot where the public has access. If you are on private land (by any number of feet in my opinion) then you are good to go.... under that statute.

However.......

There is another part of the same law that says it is against the law to make an unreasonable noise "near a private residence that he has no right to occupy". I have seen people arrested for that law.

So.... a road should be obvious. Also any part of the public "highway" or public right of way is "public" so it is still against the law to discharge any firearm. Even if any number of feet onto private property (making that part of the law legal), if you are making any unreasonable noise (by any means and not only firearms) near a residence that you have no right to occupy, it is still against the law.

The Disorderly Conduct laws are what some states call disturbing the peace. Under the TX law, shooting any firearm upon a road, near a residence that you have no right to occupy or any public place are disturbing the peace. The road and public place are generally pretty easy to define by the location. The "near a residence" and making an unreasonable noise are open more to opinion of an officer on the scene. Of course any accusation can be brought before a judge or jury but on the scene, the officer can make a determination whether charges need to be filed at that moment in time.

As to your situation, if you are inside of a private gate, you are no longer in a "public place" as the public does not have lawful access to it. That part you are clear if I was making the call on scene. Then the we the "near" a residence issue. If you are several hundred yards away, it simply is not an issue.... in my opinion. Several hundred yards is not near anything but I am not the one on scene making the call.

Sometimes the problem is that a person can look at one particular law and say, I am legal. Under that law it may very well be true. A different law might have a different take on it however. I notice that a lot int he traffic law discussions. Under one law you are okay but in another, not so much.

In my opinion.

Thank you!

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[Pushbutton2]

Ttt
So it's easier for me to find