Shooting a starter pistol

March 07, 2020, 12:21 PM

Angus the Kid

I live in Houston Texas. Several months ago I bought an old H&R starter pistol that shoots black powder 32's.

I just cleaned it up and wanted to try it out. Is it legal for me to shoot a starter pistol in my backyard?

March 09, 2020, 11:53 AM

gpbst3

You would have to check your local ordinances but I would go with no. Most areas around here your not even allowed to shoot paintball or airsoft guns.

March 09, 2020, 01:40 PM

Rinehart

"Explosive device", blah-blah-lawyerly-detailed words = bad/generally prohibited.
When we lived in Western NY in a small village even slingshots and BB/pellet guns were illegal.

March 09, 2020, 02:42 PM

k5blazer

In our town anything that launches a projectile is illegal to operate in city limits. I guess that would include spitballs.

March 10, 2020, 06:14 PM

Orive 8

quote:
Originally posted by Angus the Kid:
I just cleaned it up and wanted to try it out. Is it legal for me to shoot a starter pistol in my backyard?

Maybe you can go to a running track with it, take a starting stance, fire it off and do a lap around the track?

Like others said, check your local ordinances.

June 05, 2020, 12:00 AM

LS1 GTO

My answer is, "yes."

However, to be legal, (

); load each cylinder and just before the first trigger pull you must scream, "no, no, no, don't do it." Then pull the starter gun trigger three times .

Then; scream, "don't, not again, please" and expend the remaining two blanks.

Pop a beer, light a seeegar and enjoy the next couple hours.

March 12, 2021, 07:54 AM

Chris42

quote:
Originally posted by Angus the Kid:
I live in Houston Texas. ?

This is certainly about your location - “in” being key. There may be local ordnances about discharging a firearm within the city limits. I believe them to be common in many small towns, more so I expect in cities.

A safe place to ask might be a local gun shop. Ironic as is may be, they might suggest taking it to a local gun range.

March 30, 2021, 05:14 PM

jhe888

I genuinely don't know. I can look it up if you want to pay me my hourly rate. The city ordinances are on-line. It might violate noise ordinances, too. And there are state criminal laws about how much land you need to shoot guns. The key will be the definition of "gun" or "firearm." It may take reference to case law if the statute is not perfectly clear. Generally, a firearm is a device designed to discharge a projectile, generally by burning powder or the like, but I have never looked up Texas' definition.

But, I'd advise against it, no matter. Some neighbor may think it is a gun and call the police. Then, at best, you get to spend half an hour convincing a cop it isn't a gun. Or, you get to go downtown and deal with it in more detail, even if if does not turn out to be illegal. And, if it is illegal, then you committed a crime.

Seems like a no-win to me.

April 07, 2021, 12:22 AM

Rob Decker

One might file this under "if you have to ask, you can't afford it."

One of your neighbors probably learned about guns from NBC Prime Time and won't know the difference. Are there statutes about Inciting Panic on the books in your jurisdiction?

April 07, 2021, 06:32 AM

sigcrazy7

It would be legal in my city, albeit unadvisable. Our city prohibits discharging a device that is capable or launching a projectile, so firing blanks in a real rifle is still illegal. Since a starter pistol isn’t capable of firing a projectile, it would technically be legal. As others have stated, that’s a legal difference that you may not win with responding officers.

April 07, 2021, 08:30 AM

Flash-LB

If you only fire one shot, people will generally ignore it. They won't be sure if it's a gunshot, a backfire, a firecracker or what.

If you fire more than one, they'll go out and investigate.

April 16, 2021, 08:08 PM

bustabuddy

I have an apartment complex in my backyard with a large retention pond nearest me. Kids living there often train their dogs for retrieving when it is holding water. Last year a girl had a lab and was simulating a shot with a starter pistol and blanks. I happened to be in my back pasture when she started and I advised her she was likely to get run in to the cops if she kept after it. She was nice and took my suggestion with a smile; I assured her I wouldn't be the one who made the call. She said her dad said it would be ok and she did it all the time out in West Texas. I just smiled.

A few days later she yelled at me and said she should have listened. Someone did call and she got a hefty fine and was told she was lucky she didn't get arrested for discharging a weapon in the city limits.

February 10, 2022, 05:16 PM

Greyworm

I wouldn't be surprised if it was

February 10, 2022, 05:17 PM

Greyworm

In a place where launching of projectiles in public is illegal.. i dont expect less

April 20, 2022, 02:20 AM

Legal Beagle

May I suggest just asking the city attorney?

You can get an opinion in writing by sending a question (e.g. "Dear Mr. Michel, As a citizen of Houston, I would like to ask whether there is any applicable law, ordinance, or statute that prohibits discharging a starter pistol within city limits. If so, would you please provide me with a citation and a brief summary? If not, would you please reply that you are not aware of such a law, statute, or ordinance that would prohibit the discharge of a starter pistol? Thank you for the work you do on behalf of the city and for your attention to this matter. Very sincerely,") to:

The Office of the City Attorney
City of Houston Legal Department
P.O. Box 368
Houston, TX 77001-0368

You can also call (832) 393-6491 but any request for an opinion has to be in writing anyway.

Hope this helps. Interested to hear the result.

Please support the SF "Help Mike!" campaign to raise legal fees for a 72 year old Texas teacher and hobby rancher who had 6 forgotten 9mm rounds in his checked luggage leaving T&C and faced 12 years in prison and $50k legal fees at https://fundrazr.com/b2KZgc.

June 13, 2022, 05:27 PM

Scooter123

I would suggest you find a local Skeet and Trap range and ask them if you can shoot your pistol. The reason for this suggestion is due to it being a black powder charge. No indoor range will allow the use of black powder because it will foul some very expensive filters quickly. Shotgun ranges will on rare occasion host vintage shoots with some users using true black powder loads.

June 14, 2022, 02:18 PM

jhe888

quote:
Originally posted by Legal Beagle:
May I suggest just asking the city attorney?

You can get an opinion in writing by sending a question (e.g. "Dear Mr. Michel, As a citizen of Houston, I would like to ask whether there is any applicable law, ordinance, or statute that prohibits discharging a starter pistol within city limits. If so, would you please provide me with a citation and a brief summary? If not, would you please reply that you are not aware of such a law, statute, or ordinance that would prohibit the discharge of a starter pistol? Thank you for the work you do on behalf of the city and for your attention to this matter. Very sincerely,") to:

The Office of the City Attorney
City of Houston Legal Department
P.O. Box 368
Houston, TX 77001-0368

You can also call (832) 393-6491 but any request for an opinion has to be in writing anyway.

Hope this helps. Interested to hear the result.

That is rich. You wouldn't know, of course, but getting anything meaningful out of the Houston City Attorney is impossible, unless you are in active litigation against the city. And then, what you get is nonsense.