Kempner passes ordinance restricting gunfire

The Kempner City Council voted 3-2 on Tuesday for an ordinance that prohibits the shooting of “any gun, pistol, shotgun, rifle or other firearm of any description” within the city limits.

The ordinance – which contains some exceptions – also prohibits the firing of an “air gun, air rifle, BB gun, pellet gun, or similar instrument.”

The vote initially tied 2-2 – with Mayor Pro Tem Mack Ruszkiewicz and Councilman Norm Parker favoring the ordinance, while council members Melba Vandeveer and Jared Jones opposed it. Councilman John Wilkerson was absent from the meeting.

Under Kempner’s generallaw form of city government, the mayor votes on agenda items only when needed to break a tie. The mayor, Dr. Keith Harvey, voted for the ordinance, causing it to prevail.

A violation of the ordinance is a misdemeanor subject to a fine not to exceed $500.

An exception is made if the firearm is discharged at a gunsmith’s establishment or a sport shooting range operating lawfully, when the firearm is discharged in the direction of targets. No projectile discharged from a firearm is allowed to leave the premises of a firing range.

The prohibition also does not apply if the firearm is a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged “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 in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.”

A center-fire or rim-fire rifle or pistol may be discharged on a tract of land of 50 acres or more that is more than 300 feet from a residence or occupied building on another property.

City officials who supported the ordinance said it is necessary for public safety, is similar to rules in many Texas municipalities and does not infringe on people’s right to own firearms.

Opponents – including eight Kempner residents who submitted written comments – argued the measure is not needed, will be difficult to enforce and will deprive responsible people of the ability to use guns on their property.

Harvey read the citizen comments near the beginning of the meeting.

“First, I feel this should be the citizens’ decision and not the council alone,” Gisela Nena wrote. “When was this even considered? If I hadn’t read the agenda for tonight, I wouldn’t have even known and wouldn’t have had this opportunity to dispute it.”

Nena also voiced surprise that such an ordinance would seek to regulate the use of air guns.

“I can see ordinances needed for cities like Copperas Cove, Killeen and such, but we are mostly spread out, and a large majority of the citizens live on acres of land, not 50x50ft lots,” she wrote. “Many have firing blinds set up for target practicing and, to date, I don’t think any major issues have ever come up because of citizens firing on their properties.”

Nena added: “I don’t feel an ordinance is necessary at this time,” she wrote. “Maybe one day when we have more growth. I don't currently see the need to take more of our rights away from us.”

Former council candidate Vance Rodgers asked how the city intends to enforce the ordinance, especially with what he said are Kempner’s limited resources.

Most shots fired in his neighborhood happen at night, Rodgers wrote. He added that it can be difficult to discern which property shots may have been fired from, and by the time an officer arrives, there may be little the officer can do to enforce such an ordinance.

Rodgers also asked: “How does the city intend to enforce the restrictions on air rifles, and bow and arrow? If I shoot a compound bow in my backyard, it is not possible to be viewed by anyone not present, nor is there any ‘threat to the public health, safety, and property.’ ”

Daniel Grahn contended the ordinance is not in Kempner residents’ best interests. Many properties in the city have private ranges, Grahn wrote, and he wrote that most of those range owners show “the utmost care, respect and safety in mind.”

Most Kempner residents, Grahn predicted, do not want the ordinance and will not follow it.

Although Grahn said city officials are doing the right thing by responding to concerns from some residents, he said those who favor restrictions on gunfire are in the minority. Vincent P. Diaz also commented.

Vincent P. Diaz also commented.

“I am a veteran and a longtime member of this community. Myself and my family are responsible and licensed firearms owners, and we feel that this ordinance infringes on our very basic rights.

“I personally have spent upwards of $4,000 on building a safe berm that was approved by several sheriff's officers who came out to supervise its build,” Diaz added. “My neighbors and I all use this berm responsibly and have abided by all city ordinances pertaining to its use.”

The firearms ordinance, Diaz wrote, “would render my range useless and would be a waste of a lot of hard-earned money as well as time.” Heike Knispel also expressed her opposition.

“After I retired from the military in 2000, I wanted space, away from the restrictions of living in a residential neighborhood,” she said. “In 2002, I finally found it in Kempner, 5.99 acres with no HOAs [homeowners’ associations], can have animals, able to target practice and more.

“We moved dirt from a hill on one side of our property to the other to make a pad for the house slab. This left a 10-foot x 12-foot-high ‘wall’ that provides an area for safe target practice.”

Knispel continued: “I have enjoyed practicing with my personal carry weapon on my property for over 15 years. I would like to maintain my shooting expertise on my property. I do not want to go to a range where there are lots of people and I have to pay to shoot. I am retired, on [a] fixed income, and then there is the COVID pandemic.”

She suggested that instead of prohibiting the discharge of firearms, Kempner could require a permit “for those that would like to keep their shooting skills sharp on their property. Kempner could provide a list of safety requirements and have the resident sign to acknowledge the rules. Issue citations/fines to those who do not abide by the rules.”

Jeffrey May wrote that he is a licensed and trained firearm owner. He added that he should be able to use firearms to protect his livestock and family.

Later in the meeting, Harvey and Police Chief Charles Rodriguez said the “castle doctrine” in Texas law allows people to shoot firearms to protect their homes and/or livestock – even if the city has an ordinance that generally prohibits the discharging of firearms.

Brian Parker’s written comments urged the council to vote against the gun ordinance.

“I didn’t buy acreage in Kempner 18 years ago to be treated like I live in Killeen,” Parker wrote. “This ordinance is as absurd as the skewed lines of the city limit boundaries.”

Parker also wrote that he has “taken great care” to construct a safe backstop that prevents projectiles from leaving his property.

“How about we treat careless, unsafe individuals as such and keep Kempner what people moved there for?” Parker asked.

Philip Mort also stated his opposition to the ordinance.

He wrote that air rifles with lowpower ammunition are tools for responsible practice. Air rifles, Mort wrote, are important for teaching children gun safety. He added that the City Council should not make it less convenient for parents to teach their children.

Mort contended that restricting allowable gunfire to shooting ranges “infringes on personal property and disenfranchises those who can’t afford to attend” gun ranges.

During city officials’ discussion of the agenda item, Harvey said the issue is safety in the city. The size of the city is not the issue, the mayor said, adding that municipalities that have gun ordinances are wise.

Harvey said projectiles can travel long distances, and he said residents should not have to hear bullets whizzing past their ears when they are in their yards.

Rodriguez said the Kempner Police Department has received complaints about gunfire but cannot take enforcement action because Kempner has not had an ordinance prohibiting the shooting of guns.

The police chief and mayor said the ordinance is not an attempt to restrict gun ownership. Harvey added that he loves to shoot, goes to gun ranges and participates in competitive shooting.

Rodriguez and Ruszkiewicz said some Kempner residents have Post-Traumatic Stress Disorder and consequently are bothered by repeated, rapid gunfire. Ruszkiewicz said he deals with PTSD and has been disturbed by the sound of shots near his house.

Although Ruszkiewicz said he is a strong supporter of the U.S. Constitution’s Second Amendment, which stipulates that “the right of the people to keep and bear arms, shall not be infringed,” he said gunfire in his neighborhood is “excessive.”

Norm Parker said when he initially learned of the proposed ordinance, he opposed it. Later, however, he said the amount of gunfire near his residence and in other areas is very annoying and frightening.

“I would be in favor of the ordinance just because of those people doing that [repeated shooting],” the councilman said.

Ruszkiewicz expressed concerns about city liability if a person were shot and no municipal ordinance restricted the discharge of firearms.

Harvey said he would rather have a citizen angry with him about an ordinance restricting gunfire “than have a citizen lose their child two doors down from you and I knew we could have put something in place.”

Jones, however, voiced opposition to the ordinance and said the rate of deaths from ricocheted gun rounds within city limits probably is less than 1%. The councilman asked Rodriguez how many people have been hurt or sustained property damage from random gunfire since Rodriguez became police chief.

Rodriguez said there have been no such instances during his tenure, although he noted he became Kempner police chief less than a year ago. Rodriguez said he has received complaints about gunfire.

Jones said the gun ordinance will not stop unsafe behavior and will hurt “law-abiding citizens and the responsible gun owners.” He also said the rules will keep people from having the “bonding time” they could experience from being able to give their children training in firearms use – starting with BB guns or pellet guns on small acreage.

“Passing an ordinance saying that ‘You can’t do this’ is not going to keep stupid people from doing stupid things,” Jones said.

The councilman also said because of Kempner’s irregularly shaped boundaries, in many cases, gunfire that prompts complaints from city residents actually may occur outside the city. As a result, he predicted noise and possible stray bullets will continue to be problematic near Kempner residences – even with passage of the ordinance.

Vandeveer – who joined Jones in voting against the ordinance – said she grew up around her father’s loaded guns but knew not to touch them. Education about the proper use of firearms will resolve many problems, the councilwoman said.

Vandeveer added that she opposes gun control – although Harvey said that is not an accurate description of the ordinance.

Norm Parker asked how the city will enforce the ordinance.

Rodriguez said educating residents is the first step, and he said police officers always have discretion about whether to issue citations. The police chief said on the first complaint of an ordinance violation, he likes to provide the alleged offender with a copy of the ordinance – without issuing a citation or fine. A punishment may apply, Rodriguez said, if the police department receives a second complaint regarding a person who already was warned about a particular alleged violation.

Later in the meeting, the police chief said Kempner can create a permitting process to allow shooting on properties that meet certain criteria – such as berm certification, with shooting backstops that meet Texas Department of Public Safety standards.

The council, however, did not make plans Tuesday for permits related to the shooting of guns.