§ 66-28. Firearms and target ranges.

(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:

Bullet trap means any device, structure or object designed to confine and stop projectiles discharged from a firearm.

Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

Licensed gun dealer means a person licensed by the bureau of alcohol, tobacco and firearms as a gun dealer.

Target range means any indoor or outdoor premises where firearms are discharged, whether or not a fee is charged for the use of such premises, for the purpose of:

(1)

Determining the accuracy of the shooter or the firearm; or

(2)

Recreation.

(b)

Discharging firearms prohibited.

(1)

A person commits an offense if he intentionally, knowingly or recklessly discharges a firearm within the city or within 5,000 feet thereof.

(2)

It is an exception to the application of subsection (b)(1) of this section if such discharge was on or across a public road or in a public place other than a public road, as provided in V.T.C.A., Penal Code § 42.01(a)(9), (11).

(3)

It is a defense to prosecution if such discharge was justified by V.T.C.A., Penal Code § 9.01 et seq.

(4)

It is an affirmative defense to prosecution if such discharge was confined to a target range that holds a certificate of approval issued by the chief of police and the discharge was under the actual direction of an instructor certified by the Texas Commission on Law Enforcement Standards and Education, the National Rifle Association of America or a military reserve or junior reserve officer training corps program or such projectile was discharged within and confined by a bullet trap, which holds a certificate of approval issued by the chief of police, and was fired directly in such trap by a licensed gun dealer.

(5)

It is an affirmative defense to prosecution if the discharge:

a.

Is confined to property owned or lawfully hunted by the suspect;

b.

Does not occur within the city or within 500 feet thereof; and

c.

Consists of shot no larger than number four birdshot.

(c)

Operating unapproved target range or bullet trap prohibited.

(1)

A person commits an offense if he intentionally or knowingly operates a target range or bullet trap within the city or within 5,000 feet thereof.

(2)

It is an exception to the application of subsection (c)(1) of this section if such target range or bullet trap holds a certificate of approval issued by the chief of police.

(d)

Certificate of approval of target range or bullet trap.

(1)

Every target range or bullet trap within the city or within 5,000 feet thereof shall, prior to and during operation, hold a certificate of approval issued by the chief of police.

(2)

Upon application, the chief of police shall appoint a certified firearms instructor and the owner of such range or trap shall appoint a certified firearms instructor. Together the two instructors shall select a third certified firearms instructor. The three instructors shall inspect the target range to determine whether such target range is equipped with a bullet trap and shall determine if a bullet trap, whether used at a target range or not, is designed for and of sufficient strength or density to confine discharged firearm projectiles. Based upon the report of the three instructors, the chief of police shall issue a certificate of approval if all three instructors approve, the chief of police may issue such certificate if two approve, and he shall not issue such certificate if only one approves. The range or trap owner may appeal the disapproval of one instructor to the city manager.

(Ord. No. 762, § 1, 11-11-65; Code 1967, § 17-2; Ord. No. 3094, § 1, 3-12-81; Ord. No. 3500, § 1, 11-11-82; Ord. No. 3679, § 1, 9-22-83)