§ 22-101. Use and discharge of firearms.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Firearms means gun, pistol, revolver, pellet gun, BB gun, air gun, shotgun, rifle, bow and arrow, crossbow or any other similar weapon.

Public safety officer means duly qualified and commissioned peace officers.

(b)

Discharge of firearms within an area of the city limits existing or annexed prior to September 1, 1981. It shall be unlawful for any person to discharge any firearm, excluding a bow and arrow with field or target points, a BB gun, or pellet gun within an area of the city limits existing or annexed prior to September 1, 1981; provided that this section shall not be so construed as to prohibit the discharge of firearms:

(1)

In any activity or by any person considered within the class of exemptions applicable under state statutes;

(2)

In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;

(3)

For the official start at an athletic competition event utilizing a starter pistol firing blanks;

(4)

For the protection of a person or property in accordance with the laws of the state; or

(5)

By any public safety officer in the performance of the official duties of their office.

(c)

Discharge of firearms within an area of the city limits annexed on or after September 1, 1981. It shall be unlawful for any person to discharge a firearm within the extraterritorial jurisdiction or in an area annexed after September 1, 1981; provided that this section shall not be so construed as to prohibit the discharge of firearms as follows:

(1)

The firearm is:

a.

A shotgun, air rifle or pistol, BB gun, or bow and arrow;

1.

Discharged on a tract of land of ten acres or more;

2.

Discharged more than 150 feet from a residence or occupied building located on another property; and

3.

In a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or

b.

A centerfire or rimfire rifle or pistol of any caliber:

1.

Discharged on a tract of land of 50 acres or more;

2.

More than 300 feet from a residence or occupied building located on another property; and

3.

In a manner not reasonably expected to cause a projectile to cross the boundary of the tract;

(2)

In any activity or by any person considered within the class of exemptions applicable under state statutes;

(3)

In exhibitions of charitable contests conducted under conditions and supervision approved by the city council after application has been made to the city and permit has been issued;

(4)

For the official start at an athletic competition event utilizing a starter pistol firing blanks;

(5)

For the protection of a person or property in accordance with the laws of the state; or

(6)

By any public safety officer in the performance of the official duties of their office.

(d)

Penalty. Any person who violates the provisions of this section shall be deemed guilty of a class C misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed $500.00.

(e)

Cumulative clause. This section shall be cumulative of all ordinances of the city except where the provisions of this section are in direct conflict with the provisions of any such ordinance, in which event the conflicting provisions of such ordinance are hereby repealed.

(Ord. No. 041212-01, §§ 2, 3, 4-12-2012)

State law reference

Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code § 217.003.