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Caldwell County amends order prohibiting discharge of firearms in platted subdivisions to 10-acre threshold
Summary
The court adopted Amended Order 13‑2024 prohibiting discharge of firearms in platted subdivisions of 10 acres or smaller in unincorporated Caldwell County, citing Texas Local Government Code sec. 2235.022; commissioners discussed enforceability and asked for bilingual outreach.
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The Caldwell County Commissioners Court on Aug. 27 adopted Amended Order 13‑2024, which prohibits the discharge of firearms in platted subdivisions in the unincorporated county on lots of 10 acres or smaller. The court read a multi-section order that defines "firearm," cites Penal Code section 46.013 for definitions, and references Texas Local Government Code sec. 2235.022 as the county’s authority to adopt such an order.
The order lists defenses to prosecution, including actions by peace officers on duty, self-defense and defense of property under Chapter 9 of the penal code, and consistent statutory defenses set out in the order. Section 6 allows limited waivers for federally licensed firearms dealers or existing shooting ranges that predate the original order; Section 5 provides for injunctive relief, and Section 3 establishes penalties (a class C misdemeanor for a first offense, escalated if the person has prior convictions under the order).
Commissioners discussed enforceability concerns, noting that enforcement typically requires an observer to witness discharge; the judge and one commissioner asked for a public-information effort in English and Spanish to notify residents of the rule. After discussion, Commissioner Thomas moved to approve the amended order; Commissioner Theriault seconded, and the motion passed unanimously by voice vote.
The transcript records the court’s intention to replace the prior order (original effective date cited as March 12, 2018) with the amended version; the record does not show any immediate enforcement action or implementation timeline beyond the instruction to inform the public.
