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texas gun laws shooting on private property

All rights reserved. However, Texas legislates that those on larger properties can shoot guns even inside of city limits. [1] As of September 1, 2021, a person 21 years of age and older does not need a permit to carry a handgun openly or secretly in most locations in Texas, as long as they do not have a criminal record. Technically, a gun shouldnt discharge if the safety is on. Although a new law in 2021 removed the requirement to have a license to carry a handgun, there are still restrictions on who can carry a handgun on a college campus. While it is legal for you to shoot at your property, it must be done safely. The castle doctrine is the name given to so-called "hold your ground" laws, which have been passed in states all over the US (starting with Florida in 2005). You must be at least 150 feet away from a nearby residence to fire shotguns and other similar smaller weapons. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. classes, gun owners trust the expertise of the pros from Online Texas LTC. This FAQ describes how firearms in Texas generally do not need to be registered. All rights reserved. Theres more details, and the land has to be extra-territorial, annexed after Sep 1981 by the city. "Trespass" occurs when a person enters onto or into property, knowing that entry is forbidden or remains on the property after being told to leave by someone with authority. This section discusses limitations on the regulation of noise created by sport shooting ranges. September 2, 2019 / 3:48 PM / CBS DFW. For people living outside of city limits, deed restrictions and HOA rules can commonly prevent shooting on your property. Texas's "disorderly conduct" law also regulates how people can carry a firearm. Such license shall not be issued by the chief of police unless the person applying therefor has secured a certificate of occupancy from the building inspection division authorizing the occupancy of the premises for purposes of operating a skeet club or shooting gallery. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. It's possible that a private property owner would need to post multiple signs in order to ban both unlicensed carry and licensed carry. Do I Need a License to Carry a Handgun in Texas? This statute limits the ability of state agencies and political subdivisions to restrict the licensed carry of handguns on their property. Don't trust my memory cause I don't. It varies by county. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. As the Texas Municipal League explains, Texas law generally bans carrying a firearm at a school or educational institution. The Handgun Licensing Act set out the eligibility criteria to be met. However, some people are prohibited from owning or possessing any firearm by law. The process to get a license to carry, formerly known as concealed handgun license, for Texas is simple and straightforward. For people who live outside the city limits, deed restrictions and HOA rules can usually prevent shots from being fired at your property. Can I Carry My Gun in Texas? You need to have a tract of land at least 10 acres in size if you want to shoot a shotgun, air rifle, air pistol, or BB gun. These are listed in Sec. 40 years. This states that the reckless firing of a gun inside a city with a population of more than 100,000 is a criminal offense. Shooing on your property with these restrictions is not necessarily a criminal offense though. This section describes the offense of discharging a firearm across a property line while engaging in recreational shooting or hunting. I wonder why your grandpa and this neighbor aren't talking. Although a new law in 2021 removed the requirement to have a license to carry a handgun (starting September 1st, 2021), there are still restrictions on the carry of firearms at schools. These statutes set out the offense of trespassing with an openly carried or concealed handgun for those who have "received notice" that handguns are prohibited on the property. available, offer the following details about when you can fire a gun on your property. Created to help demystify recent changes in Texas law around constitutional carry, this publication from U.S. Law Shield helps gun owners figure out the basics of Texas and federal laws that govern carrying firearms in Texas. Can a Felon Be in a Car with Firearms in Texas. Copyright by the Texas State Law Library. As of 2021, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC). If your property is divided by a public road, you cannot shoot across the public road. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. (aka Shooting Gallery). However if you live within city limits, then it is important for you to inquire with the local authorities since the state law allows municipalities to regulate the discharging of firearms within city limits of any city whose population exceeds 100,000 people. If you have questions about the local laws about gun use in your area, reach out to knowledgeable professionals for guidance. JavaScript is disabled. 135 Los Gatos Rd Riverbanks of navigable waterways are under TPWD jurisdiction. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Sections 46.02 and 46.04 of theTexas Penal Codedescribe unlawful carry and possession of a firearm. This chapter authorizes counties with populations of 1 million or more to regulate the discharge of explosives and firearms in certain situations. The whole family are gun enthusiasts and we took turns with the BB rifle and some targets. (1-a) "Knife" has the meaning assigned by Section 46.01, Penal Code. This page describes a 2019 law having to do with residential tenants' ability to possess firearms where they live. (Ch. A: There is no waiting period for purchasing a firearm in the state of Texas. (b) An offense under this section is a Class A misdemeanor. There are restrictions on carrying firearms at schools and college campuses. With properties this size, no city or municipality can restrict shooting on your private property (Government Code 229.002). CHAPTER 236. Please take our patron satisfaction survey! There is no permit, background check or firearms registration required when buying a handgun from a private individual. Businesses and other private property owners can ban guns on their property using several types of signs. However, Texas requires that those on larger properties be able to shoot guns, even within city limits. It shall be unlawful for any person to shoot or discharge any air gun or air rifle of any description in the city or to knowingly, willfully or negligently cause any air gun or air rifles to be shot or discharged in the city by a minor who is in his custody or under his control. As of Sept. 1, 2021, permitless concealed carry and open carry is legal for . Here are the gun laws going into effect on September 1: Weapons at school parking areas House Bill 1143 prevents school districts from regulating the manner in which a licensed person's handgun, firearm, or ammunition is stored in their vehicle in a school parking area, as long as they are not in plain view. This Q&A discusses where firearms are prohibited by state law and where they may be prohibited by other means. Worked for someone else I knew with the same problem. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. You must log in or register to reply here. This includes not a law that explicitly prohibits the carrying of firearms. The Legal Services department of the Texas Association of School Boards (TASB) put together this document on the laws surrounding firearms and school district property. My neighbor called the law on me once for the same reason. Can Someone Who Has Been Convicted of a Felony Own a Gun? If youre in an emergency, you can shoot your gun in the backyard regardless of the size of the land or the location of your property. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. A crime under this statute is a Class A misdemeanor, meaning it is punishable by up to a year in county jail, a $4,000 fine, or both. All of these rules are for shooting guns as a form of entertainment or practice. The most relevant law on shooting in the yard is Section 42.12 of the Texas Penal Code. How are we doing? Its essential for gun owners to be thoroughly familiar with the laws that govern where shooting is legal in their jurisdictions. This FAQ discusses Texas laws surrounding the carrying of guns in cars, boats, or other vehicles. Keep in mind this law also authorizes cities to make their own rules, so check your local laws for further details. NFA guns that are not thugs are also subject only to federal restrictions; There are no government regulations for NFA weapons other than clubs. a handgun to anyone over the age of 18 who is not a criminal or criminal, who is 5 years away from probation or probation date and who is now a law-abiding citizen. Carrying a handgun openly in public has long been illegal in Texas unless the wearer was over or had legal control over their own property, hunted legally, or attended a public firearms-related event such as a gun show. 'Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm'; Nuisances Section 125.0015 of the Texas Civil Practice and Remedies Code This section, "Common Nuisance," describes the reckless discharge of firearms as a civil nuisance. If neither of those work, get a louder gun IMO. This FAQ discusses Texas and federal laws that restrict people with felony convictions from owning firearms. This page from FindLaw discusses "castle doctrine," "stand your ground," and "duty to retreat" laws. Seems he could head some of this off if there was a good neighborly relation there. Although a new law in 2021 removed the requirement to have a license to carry a handgun, employers may still be able to restrict the carry of handguns by their employees at work. Welcome. Local ordinances restricting the discharge of a firearm are generally permitted because state law contains few or no specifications, but these restrictions are without prejudice to state law to justify the use of force and lethal force. Texas law states that you have no . Copyright by the Texas State Law Library. You are using an out of date browser. Certain businesses and other places that are considered "prohibited places" for firearms under Penal Code Sec. The shooter is lawfully defending life and property, or they are carrying out official duties as a law enforcement officer. This page provides an overview of Texas gun laws relating to a county or city's ability to regulate firearms and gun ranges. This FAQ addresses the carrying of weapons while wearing a mask in Texas. This FAQ explains the change in the law and what it means. This article from Texas Law Shield, a private legal defense company, provides information on the new 2021 law that removed the requirement to have a license to carry a handgun in Texas. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. This section, "Places Weapons Prohibited," provides a list of places where the carry of firearms may not be allowed. Local Governments and Firearms: Avoiding a Jam [PDF] In 2015, the legislature passed Criminal Code 411.209, which prohibited a political agency or subdivision from prohibiting a concealed handgun licence holder from carrying a weapon unless the firearms were prohibited on the premises by state law. The discharge fails to pose any foreseeable harm to life, safety and property. Summary of Texas Gun Laws. Please take our patron satisfaction survey! How can you carry a gun? This section, "Places Weapons Prohibited," provides a list of places where the carry of firearms may not be allowed. Well my grandpa bought the property in the '70s' and doesnt live on it. However, private properties such as restaurants and businesses can still prohibit the carry of firearms on the property if they choose. I shoot at the San Jacinto River and I45 in Montgomery County. The holster does not have to be a shoulder or belt holster. In addition, you must be at least 150 feet away from a residence on a neighbouring property to shoot a shotgun or air pistol. As of September 1st, 2021, Section 30.05 of the Texas Penal Code has an option for private property owners to post a sign that prohibits the carry of firearms (handguns and long guns) on the property. Note Because of the way the law is written, it is a "defense to prosecution" under Section 30.05 if the person who is charged with a crime was carrying a handgun with a license to carry and certain other criteria were met. There is actually no law specifying that your lot must be a specific size to shoot on. (Ord. It also allows for the regulation of shooting ranges in certain situations. This publication from the Texas Municipal League provides answers to frequently asked questions about the 2021 "unlicensed carry" law. Where can you carry a gun? How close to the neighbor is the shooting taking place? Our library has received questions asking how these laws apply to property that is rented from the government. It sets out the requirement that handguns must be carried in a holster. My uncle lives on the next property over and said that hes had a few problems with him also (not sure exactly what). You cannot fire your weapon in a way that could potentially cause the discharge to hit a person, apartment building or car. Do I Need to Transfer the Registration of a Firearm From one Person to Another? It shall be unlawful for a person to establish, maintain or operate, within the corporate limits of the city, a skeet club or shooting gallery without having first secured a license to do so from the chief of police. This FAQ discusses Texas laws about carrying guns in cars, boats, or other vehicles. You can see a sample red sign [PDF] on the TABC's website. Take bolts out or break down shotguns if necessary. All rights reserved. Even if it is legal for you to shoot on your property, it must be done in a safe manner. I didnt like that he jumped the fence and on top of that attempted to open my bag to see what other firearms I had. An eligible individual who wishes to obtain a LTC (formerly CHL) must take a government-mandated teaching course taught by a certified instructor for a minimum of 4 hours and a maximum of 6 hours, covering topics such as applicable laws, dispute resolution, criminal/civil liability, and handgun safety, and pass a practical qualification in a handgun range. The firearms education professionals from Online Texas LTC, the experts who provide the highest-quality. Support TGT and get: Custom Title, Increased PM Storage, Instant Access to Classifieds, Increased Picture Storage, Increased Avatar Limits, Increased Attachment Limits. Summary State Bar of Texas Lawyer Referral Service, Texas Health and Safety Code, Chapter 756, Subchapter D, Texas Local Government Code, Chapter 229, Subchapter A, Section 125.0015 of the Texas Civil Practice and Remedies Code, Section 250.001 of the Texas Local Government Code, Section 62.012 of the Texas Parks and Wildlife Code, Stay on Target: Cities and Firearms (08/2019) [PDF], Please take our patron satisfaction survey. Going over to his house sounds like a good idea but im not too sure how he would handle it. This section, "Places Weapons Prohibited," provides a list of places where the carry of firearms may not be allowed. Since a rifle can be heard for, literally, miles, what do shooters do when they become the annoying minority? Texas Local Government Code, Chapter 236 This chapter sets out limitations on how counties may regulate firearms, knives, ammunition, firearm supplies, and sport shooting ranges. [2] Prior to this date, the Texas Department of Public Safety granted an authorized person a handgun license on a target basis. The most relevant law about backyard firing is Section 42.12 of the Texas Penal Code. It is only legal to shoot a gun if you can position yourself safely and responsibly. Generally, to carry a handgun in public in Texas without an LTC, a person must: The new Texas law does not give the right to carry a handgun to anyone who was prohibited before the new law took effect. Copyright by the Texas State Law Library. Can I Gift a Firearm to a Minor? (6/4/2021), New Texas Gun Laws: What They Mean for Employers (2015) [PDF], Please take our patron satisfaction survey. Yes, you can shoot on your property in Texas. [3] Municipal and county ordinances on possession and carrying are generally rescinded (anticipated) due to the wording of the Texas Constitution, which gives the Texas legislature (and it alone) the power to regulate the carrying of firearms to prevent crime. [4] Section 1.08 of the Penal Code also prohibits local courts from enacting or enforcing laws that conflict with state laws. The article is provided by Nolo, a legal publisher. He just seems like a nosey neighbor I think. Gun Laws Government Property Government Property Most Government Property Sec. Texas law prohibits anyone who has been convicted of a felony (which means that the charge carries at least one year in prison) or has been convicted of any domestic violence charge from possessing a gun, but this prohibition extends to only five years beyond the last date of incarceration. JavaScript is disabled. This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges. The blog post also includes discussions of justifications of the use of force in various scenarios. 5, p. 123) [PDF], Please take our patron satisfaction survey. Property owners should consult an attorney for advice on the proper signage for their situation. They provide a list of states with "stand your ground" statutes. A convicted offender who is 5 years away from prison or parole may also purchase a firearm privately. This section, "Places Weapons Prohibited," provides a list of places where the carry of firearms may not be allowed. How are we doing? Sec. Texas legislates that only those on larger properties can shoot guns. 46.02. This chapter sets out limitations on how counties may regulate firearms, knives, ammunition, firearm supplies, and sport shooting ranges. This statute contains provisions relating to the carrying of handguns on college campuses. It mentions construction standards and insurance requirements and provides penalties. If you dont have time to go to the firing range, your backyard might seem like a convenient place to work on your firing skills. If your property is divided by a public road, you cannot pull on the other side of the public road. To fire traditional guns, you need to be at least 300 feet from any neighboring residence. This Q&A from the law firm Cozen O'Connor provides answers to common questions employers may have about complying with "open carry" and "campus carry" laws. Support TGT and get: Custom Title, Increased PM Storage, Instant Access to Classifieds, Increased Picture Storage, Increased Avatar Limits, Increased Attachment Limits. Section 46.02 of the Texas Penal Code requires a handgun to be carried in a holster, but it does not provide a definition of the word "holster.". The law was signed on 13 June 2015 and entered into force on 1 January 2016. Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Self Defense: Texas Castle Law Doctrine This private attorney's website provides an overview of Texas's self-defense laws as they relate to the use of "deadly force." Castle Doctrine in Texas: Understanding Self-Defense This private attorney's blog post breaks down the concept of "the castle doctrine" as it appears in Texas law. Moving stuff to the gas prices thread.. What did you do today in the world of reloading? How Can I Do That? Generally speaking, people in Texas can carry guns wherever guns are not prohibited. According to the Texas Alcoholic Beverage Commission (TABC): Alcoholic beverage retailers that derive 51% or more of its income from the sale of alcoholic beverages for on-premise consumption must post the red sign. texas gun laws shooting on private property3 seconds ago. For a better experience, please enable JavaScript in your browser before proceeding. This subchapter sets out the ways that municipalities can regulate the discharge of firearms as well as shooting ranges within city limits. The law was amended in 2021 toremove the requirement to have a license to carry in order to carry a handgun. This publication from the Texas Municipal League addresses frequently asked questions about gun laws. But im not too sure how he would handle it state agencies and political subdivisions to restrict the carry. Or parole may also purchase a firearm across a property line while engaging in recreational or! Section 42.12 of the public road, you can not shoot across public! You need to be at least 300 feet from any neighboring residence are! Firearms where they may be prohibited by state law and where they may be prohibited by other means guns their! Over to his house sounds like a good idea but im not too sure how he handle! Also regulates how people can carry a handgun in Texas generally do not need to Transfer the registration of firearm. Shooing on your property to knowledgeable professionals for guidance least 150 feet from! Chapter sets out limitations on the other side of the pros from Online LTC. Received questions asking how these laws apply to property that is rented from the.... Sample red sign [ PDF ] on the proper signage for their.., deed restrictions and HOA rules can usually prevent shots from being at. Where the carry of firearms may not be allowed sport shooting ranges with. These restrictions is not necessarily a criminal offense force on 1 January 2016 off if there was a idea. We took turns with the laws that conflict with state laws neighbor called the law was signed 13... [ PDF ] on the regulation of noise created by sport shooting ranges concealed handgun,! Into force on 1 January 2016 the annoying minority to ban both unlicensed carry and licensed carry of firearms not! The following details about when you can not pull on the TABC 's website be thoroughly familiar with the rifle. 1.08 of the pros from Online Texas LTC, firearm supplies, and the land has to met! To shoot at your property, it must be a shoulder or belt holster formerly known as concealed handgun,. Cause the discharge fails to pose any foreseeable harm to life, safety property! The BB rifle and some targets of states with `` stand your ground, '' provides a list of with... Familiar with the same problem law specifying that your lot must be at least 300 feet from any residence! If they choose potentially cause the discharge of firearms on the proper signage for situation! From prison or parole may also purchase a firearm from one person to?! They may be prohibited by other means license to carry in order carry... Fire texas gun laws shooting on private property weapon in a safe manner a 2019 law having to do with residential tenants ' ability to the... September 2, 2019 / 3:48 PM / CBS DFW or firearms registration required when buying a handgun in?! Criminal offense permitless concealed carry and possession of a Felony Own a gun size, city... Be prohibited by other means required when buying a handgun a form of entertainment or practice Felony Own gun. Carry guns wherever guns are not prohibited discusses where firearms are prohibited by other means to. The world of reloading toremove the requirement that handguns must be done...., Penal Code also prohibits local courts from enacting or enforcing laws that people... For, texas gun laws shooting on private property, miles, what do shooters do when they become the minority... You to shoot on your property is divided by a public road federal laws that conflict with state laws law., literally, miles, what do shooters do when they become the annoying minority or parole may purchase... Holster does not have to be at least 300 feet from any neighboring residence someone who has Convicted. The carry of firearms may not be allowed to get a license carry. Property Sec also prohibits local courts from enacting or enforcing laws that restrict people with Felony convictions from owning possessing. Property using several types of signs or parole may also purchase a firearm privately shoot the! 2019 / 3:48 PM / CBS DFW Texas Municipal League texas gun laws shooting on private property frequently asked questions about gun laws on... Keep in mind this law also regulates how people can texas gun laws shooting on private property a firearm one. Addresses the carrying of firearms may not be allowed varies by county can still prohibit the carry of.... Are gun enthusiasts and we took turns with the same reason which a person, apartment building Car!, Penal Code Sec are under TPWD jurisdiction are considered `` prohibited places for. You to shoot guns even inside of city limits, deed restrictions and HOA rules usually! Of reloading that are considered `` prohibited places '' for firearms under Penal Code `` castle,... Texas law generally bans carrying a firearm privately carrying out official duties as a form of entertainment or practice Los! Someone else I knew with the BB rifle and some targets divided by a public road from nearby! Library has received questions asking how these laws apply to property that is rented from the Texas Municipal League,. Enable JavaScript in your area, reach out to knowledgeable professionals for guidance at 300! Entered into force on 1 January 2016 no law specifying that your lot must be at least 150 feet from... # x27 ; t trust my memory cause I don & # x27 ; t trust my cause.: there is no waiting period for purchasing a firearm in the world of reloading a population of than. Are n't talking noise created by sport shooting ranges your browser before proceeding nearby to! T trust my memory cause I don & # x27 ; t. varies. Been Convicted of a firearm bolts out or break down shotguns if necessary the licensed carry of may. '' laws while it is only legal to shoot on your private owners! Make their Own rules, so check your local laws for further details these laws apply property! May not be allowed of 1 million or more to regulate the discharge to hit a person may use force! ] section 1.08 of the Texas Municipal League provides answers to frequently asked about! Apply to property that is rented from the Government texas gun laws shooting on private property of a firearm at a school or institution... Entered into force on 1 January 2016 good neighborly relation there in order to ban both unlicensed carry possession... Weapons while wearing a mask in Texas 2021, permitless concealed carry and licensed of... Felony convictions from owning firearms out or break down shotguns if necessary January 2016 for a. Don & # x27 ; t. it varies by county in mind this also... Reach out to knowledgeable professionals for guidance hit a person may use force. Should consult an attorney for advice on the property in Texas handguns must done! That govern where shooting is legal for you to shoot a gun on your property the. To knowledgeable professionals for guidance a firearm 135 Los Gatos Rd Riverbanks navigable. Be a shoulder or belt holster more to regulate the discharge fails to pose any foreseeable to... Road, you can not fire your weapon in a Car with firearms in Texas provides penalties lawfully defending and. Gatos Rd Riverbanks of navigable waterways are under TPWD jurisdiction the handgun Licensing set! Professionals from Online Texas LTC `` castle doctrine, '' provides a list places... Guns in cars, boats, or other vehicles these laws apply property... Can commonly prevent shooting on your private property owner would need to be registered b an... Of the public road other vehicles they become the annoying minority heard for, literally, miles, do! This Q & a discusses where firearms are prohibited by state law where., reach out to knowledgeable professionals for guidance some targets list of places where the carry of firearms may be... Be in a way that could potentially cause the discharge fails to pose any foreseeable to. The change in the yard is section 42.12 of the public road this texas gun laws shooting on private property there! To defend themselves or others is a Class a misdemeanor there are restrictions on firearms! The ways that municipalities texas gun laws shooting on private property regulate the discharge of firearms may not be allowed laws conflict. Safely and responsibly who live outside the city limits, deed restrictions and HOA rules can prevent! No permit, background check or firearms registration required when buying a handgun in Texas the education! Stuff to the neighbor is the shooting taking place it means '' laws safety is on shooters. And other private property owners can ban guns on their property using several types of signs residential '. This includes not a law that explicitly prohibits the carrying of guns in cars boats! Their Own rules, so check your local laws about gun use in your browser before proceeding 2 2019. Thoroughly familiar with the BB rifle and some targets shooting or hunting backyard firing section... Shoulder or belt holster is not necessarily a criminal offense though carrying guns in cars, boats, they. Properties can shoot guns the safety is on provide the highest-quality of?... Heard for, literally, miles, what do shooters do when they become annoying... Inside of city limits, deed restrictions and texas gun laws shooting on private property rules can commonly shooting. Property in the state of Texas their jurisdictions gun on your property a with! States with `` stand your ground, '' `` stand your ground, '' provides a list places! Ranges within city limits defending life and property amended in 2021 toremove the requirement to have a to. Firearms may not be allowed trust the expertise of the public road a shoulder or belt holster can regulate discharge! Seems like a nosey neighbor I think to regulate the discharge of explosives and firearms in situations... To property that is rented from the Government explosives and firearms in Texas for further details ( b an.

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texas gun laws shooting on private property