Texas-Book-Gun Law Armed And Educated - Flipbook - Page 238
The discharge of a firearm can be an act of disorderly conduct
in two different ways. If a firearm is discharged on or across a
public road, it is a Class C misdemeanor. It is a separate act of
disorderly conduct to discharge a firearm in a public place that is
not a shooting range, which is a Class B misdemeanor. You may
think to yourself that shooting across a road is inherently more
dangerous than shooting in a different public place, so why is
the punishment lower? Sometimes the answer is simply, “because
that’s the way the Texas Legislature wrote it.”
B. Deadly conduct
Somewhat similar to disorderly conduct, the crime of deadly
conduct can be committed in two separate fashions, displaying and
discharging a firearm. See Tex. Penal Code § 22.05. The display of
a firearm is an act of deadly conduct if a person recklessly points a
firearm at or in the direction of another person, putting that person
in imminent danger of serious bodily injury. It is immaterial if
the firearm is loaded or unloaded. The discharge of a firearm can
constitute the crime of deadly conduct if it is done at or in the direction
of an individual or a habitation, building, or vehicle when the shooter
is reckless about whether or not the habitation, building, or vehicle
is occupied.
C. Discharging a firearm within the city limits
Virtually every city, town, or village has adopted an ordinance
against discharging a firearm within its incorporated limits.
Violations of municipal ordinances are generally Class C
misdemeanors punishable by a fine of up to $500. These city
ordinances can run the gamut of being narrowly drawn with
several defenses, i.e. discharge in self-defense or discharge by a
police officer, to very broad with no defenses.
What Crimes Can I Be Charged With When My Use Of Deadly Force Is Not Justified? | 227
