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Kempner council rejects five-acre ban after split vote in firearms debate

Kempner City Council · April 8, 2025

Summary

After testimony from residents and property owners, the council voted down a motion to prohibit firearm discharge on city parcels smaller than five acres; the council did direct the City Manager to amend the noise ordinance to align shooting restrictions with legal hunting hours.

Council members debated competing priorities of public safety and private-property rights before rejecting a proposed ordinance that would have made discharge of firearms on parcels under five acres illegal inside Kempner city limits. The motion to create the five-acre ordinance failed after a roll call: Place 2 voted in favor, Places 1 and 4 opposed and Place 3 abstained; Place 5 was absent.

Tom Combs (Place 2) said he worried about public-safety risks from recreational shooting on small lots and argued for clearer local limits. Rob Green (Place 3) and others recounted specific incidents of nearby nighttime shooting and trespass-by-projectile that prompted safety concerns, while landowners including Robert Cox emphasized livestock protection and asked for careful drafting so lawful defensive uses and agricultural needs are preserved. Technical input from committee members urged caution: "In the absence of substantial background research or data supporting the specific five-acre requirement, I would consider pursuing legal action if such an ordinance were adopted," said Erik Marquez. Mayor John "JW" Wilkerson noted multiple relevant state statutes and said he did not support a local ordinance that would unduly restrict lawful firearm use; the council instead voted unanimously earlier in the meeting to direct the City Manager to amend the noise ordinance to match legal shooting hours as defined by state Parks and Wildlife rules.

The council did not adopt a local acreage-based prohibition; members asked staff and legal counsel to review alternatives and data before bringing any ordinance back for formal consideration.

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