07-09-12 Regular Meeting of La Porte City Council

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Sec.42-30. Discharge of firearms and air guns prohibited; exceptions. (a)It shall be unlawful for any person to discharge a firearm or air gun within the City limits. (b)It is a defense to prosecution under this section that: (1)The person discharged a firearm or air gun in the lawful defense or protection of a person or property in accordance with state law; (2)The person was a licensed peace officer, licensed security guard, or a member of the United States or state armed forces at the time of the discharge and provided that any such discharge is made in the course and scope of his or her official duties; (3)The person was a duly appointed animal control officer in the course and scope of his or her official duties and was euthanizing a sick or injured animal or eradicating a predatory animal; (4)The person used blank cartridges for a theatrical production, an event sponsored by a military organization, a funeral with military honors, an athletic event, or other ceremonial or commemorative events, provided that the discharge is performed safely and directed away from persons, animals, or structures so as to prevent bodily injury or property damage; (5)The person discharged an air gun on his or her own property, provided such device is not fired into or onto another person's property without the other owner's consent; (6)The person was at a shooting range operated by the United States government, or the State of Texas, or political subdivision of the state, or which is privately operated as authorized or permitted by the City; (7)The person was participating in an amusement arcade or paintball amusement facility authorized or permitted by the City; or (8) The person was using any mechanism designed to propel nails, bolts, screws, rivets, or other fasteners, so long as such mechanism was being used for its intended purpose. 2