Under Local Govt Code 250.001, no one (including the government) may maintain an action against a shooting range when the range is in compliance with County noise ordinance. This was not a problem where there was no ordinance, as one could not be out of compliance with something that does not exist.
However, the statute has been amended to add that a cause of action may not be maintained where NO county ordinance exists; thereby requiring the presence of a noise ordinance. It also amended the disorderly conduct statute to make discharging a firearm at a range to permitted under the penal code-so as to prevent prosecution under the penal code.
Question: Has any County passed any noise ordinances that they could kindly forward or point me towards statutory authority for same?
I am not in the NRA and so I am not familar with those standards referenced in Health and Safety Code 756.042 for shooting ranges. Do they have noise levels addressed? (and yse--I know about the atty gen.)
Any help from legal eagles greatly appreciated (and that includes Scott "Summerfield Practioneer" Brumely)
Curses on that "public figure" thing!
Here in the Panhandle, guns are less of a nuisance and more of a household appliance. Potter County has debated enacting a shooting range ordinance in the past, but has not done so to date.
I suppose the authority to regulate would depend on where the shooting range is located. If it's located within a subdivision which is required to be platted, the county may prohibit or regulate discharge of firearms on lots that are 10 acres or smaller in the unincorporated areas of the subdivision under section 235.022 of the Local Government Code. Otherwise, you would have to look to the age-old principle, last expounded by the Supreme Court in Guynes v. Galveston County, that a county has the implied authority to carry out an express statutory duty or authorization. Thus, section 250.001's reference to a noise ordinance would carry with it (so the argument would go) the necessarily implied authority to enact a noise ordinance. I, too, am unaware of the NRA's range specifications, but I would hope they would address ballistic and noise containment (e.g., the size and thickness of surrounding berms to prevent stray bullets and absorb sound). Of course, the Penal Code presumes that any noise over 85 decibels is unreasonable, at least after the noisemaker receives a warning from a peace officer or magistrate.
And, isn't that just what every county needs? More bureaucracy.
Thanks-Atleast one person reads the forum!!!
Unfortunately, the noise aint unreasonable anymore no matter how high the decibels as long as one is on "the range" under the recent amendments to the Penal Code.
also unfortunately this range predates the movement of civilization into the area---so platting is not an issue. There may be some other issues I care not to go into--
anybody got any "forms"
Until the legislature takes the AG at his word and puts the edition of the NRA Range Manual the gun range angle seems to be a moot point. By the way you can call the NRA and get the range manual. They gave me a complimentary copy before the AG opinion nixed the plan.
I do read the forums but somehow I missed this one. Sorry no forms.
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