Shooting guns in some Hays County neighborhoods will remain legal, despite the recent death of a little boy.

"It's pretty difficult still… and depressing, too," said 16 year old Julianna Galicia whose brother was killed by a stray bullet last year.

Daniel Galicia, 7, was killed outside their home east of Kyle in April. He was jumping on the trampoline when a neighbor's stray bullet hit him.

It was after that shooting that Hays County Commissioner Jeff Barton proposed a new law. It would prohibit residents, who live on lots smaller than two acres, from hunting or target shooting on their property.

"I have to say, it’s not just about the Galicia family. This is a problem in rich neighborhoods, poor neighborhoods, Anglo, Latino, nobody has a license on good sense," said Barton.

Jose Espitia, 37, had been target practicing in his back yard last April. He says he never saw Daniel and had no idea his bullet had traveled so far. He is awaiting trial on manslaughter charges.

But Tuesday morning, Barton's proposed law failed by a vote of 3-2.

"A lot of people just hear the buzz word gun control and react. This was not gun control. This was not gun control it was discharge regulation. It didn’t affect anyone’s right to own a gun or protect themselves.. But it did regulate reckless shooting," said Barton.

"We're pretty disappointed cause we are kind of worried it will happen again … and kind of shocked, too," said Galicia.

"I got a lot of feedback on this.” County Commissioner Karen Ford voted against the law saying no one in law enforcement showed up to speak either for or against the regulations.

"I felt the lack of law enforcement being there to speak towards this spoke volumes to me,” said Ford.

There is already state law in place that prohibits shooting across property lines.

Though Ford and Barton disagreed in the courtroom, they agree now that education is key.

 "I hope at least the publicity, if nothing else, brings this to public focus.. It may give some folks who might shoot thoughtlessly, second thoughts," said Barton.