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Is is illegal to shoot a pellet gun in the city?

36K views 39 replies 20 participants last post by  2011Stang 
#1 ·
i've got squirrels running around on my roof and don't want them trying to get into the attic. plus they like mess with my dogs and stay just out of their reach which drives them crazy all day.

and any recommendations on a cheap pellet gun would be nice.
 
#4 ·
air guns are not illegal in the city
I would suggest .22 cal pellets if shooting squirrells . They aren't like birds , bb's just won't do the job. you need a pretty good bb gun, that shoots .22 pellets. that is if you want them to die.
 
#6 ·
Do some reading before spouting off incorrect information.

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.


That is pertaining to shooting IN a municipality.

The next one is in regards to property held outside of a municipality.


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.

He asked if it was illegal to shoot them in the city and it is. If you can find something in Texas law or the local government code please correct me.



TO THE OP - Call and check with local law enforcement, they can and will give you a concrete answer. If you are unable to use a BB gun you could get some good practice in with a slingshot or blowgun.
 
#9 ·
Correct.


How many cities do you know of that don't adhere to those guidelines though? Just to appease you I looked up the city ordnance in Garland that prohibits the use of BB guns in city limits in this case. If he were to miss the target and have the BB fly over the roof it would be in violation. The ordnance also states that the exceptions are only to defend the person charged, it is not allowing it.

Sec. 26.05 Projecting of missiles prohibited

(A) No person may discharge a firearm, rifle, shotgun, automatic rifle, revolver, pistol or other weapon designed for the purpose of firing or discharging a shell, missile or cartridge, whether the shell, missile or cartridge is blank or live ammunition, in any place in the City.

(B) It is a defense to prosecution under this section that:

(1) The person was a peace officer or animal control officer acting in the performance of his official duties;

(2) The person was at a shooting range operated by an agency of the United States government, the state or a political subdivision of the state;

(3) The person was at a privately owned shooting range which had been approved by the Building Official and the Fire Marshal of the City, and which was legally operating as a permitted use in accordance with the Ordinance 3237;

(4) The person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization;

(5) The person was lawfully defending person or property; or

(6) The person was shooting an air gun, air rifle, BB gun, spring gun or similar gun or device in which the shot, metal pellet or other missile or projectile is propelled by means of compressed air or mechanical spring device, and the person and all projectiles emanating from said gun or device were contained within the person’s premises.

State law references–Authority of municipality regarding firearms and explosives, V.T.C.A., Local Government Code, sec. 229.001; disorderly conduct, V.T.C.A., Penal Code, sec. 42.01; weapons, V.T.C.A., Penal Code, ch. 46; discharge of firearm inside corporate limits of municipality having population of 100,000 or more, V.T.C.A., Penal Code, sec. 42.12.
 
#15 ·
so basically if i get caught, i would still get ticketed/arrested
Correct.

but could probably get out of it in court as long as it was on my property.
As long as you can prove that the projectile never left your property. If you are shooting at a roof to kill the fuzzy bastards than that option is highly unlikely.
 
#22 ·
LMAO , squirrels are very persistent ! Funny though......good to see you round
 
#20 ·
I contacted my local pd for legality of sighting in my bow. The Seargent I spoke with said it was legal in Denton as long as the projectile was less than 350 fps. He stated this was city ordinance. He also said I would be asked to stop if someone complained but other than that I would be perfectly fine.
 
#21 ·
look you may be right about the law pertaining to this.
However....
I have NEVER seen law enforcement actually give a shit.
Are you stupid enough to admit you are shooting at people or something ?
WTF..... cops have better things to do ......and i live in a perfectly oppressive town where they would care.

OP just get a BB gun or pellet gun and shoot the tree rats. I would but my woman would give me hell! She loves those damn things!
 
#36 ·
A Teck Force 97,rid me of the "rats with tails" issue with out any problems.
I shoot it fairly often in the back yard just to keep the eyes/hands working togeather.
Dr. Pepper cans die !
Poped a few '***** and opposumesm (sp ) just to get them out of the yard. Made 'em run!
Droped the squirrels after a short run.
 
#40 ·
Legal Rifle for varmints in most cities

Ruger Impact 22 Caliber. Not a "BB Gun", not a "Firearm", not an "Air Rifle". Most cities and principalities use those wordings in their bylaws to ban the use of guns to eradicate varmints. Deadly accurate, comes with scope, and 1 well placed pellet kills the biggest squirrels. It is a spring mechanism, and 1 single cock of the barrel equals a dead Tree Rat (aka squirrel). I offer no apology to anyone who defends these rodents (Not a rodent? Grab any dictionary if you can read). Tree Rats are simply serial home destroyers, king of the rodents. Ruger Impact 22 Caliber - worth every penny!
 
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