Texas-Book-Gun Law Armed And Educated - Flipbook - Page 240
CRIMES AGAINST THE PUBLIC INVOLVING A FIREARM (CONT’D)
d. It is deadly conduct to knowingly discharge a firearm at or
in the direction of one or more people, or if you discharge
a firearm at or in the direction of a habitation, building, or
vehicle and you do so with reckless disregard as to whether
that habitation, building, or vehicle is occupied. See Tex.
Penal Code § 22.05(b);
e. It may also be a crime under a specific city ordinance (check
your local statutes).
EXAMPLE:
Jim is entering the freeway. He inadvertently cuts off Marvin, who
takes great exception to having to hit his brakes while cruising
at 70 mph. Jim exits the freeway a mile later, and Marvin follows
him onto the feeder road. As they both approach the next red
light, Marvin stops next to Jim and begins screaming obscenities
at him. Jim is startled by this act of aggression and wants to do
something to make Marvin leave him alone. Jim then grabs his
handgun from his console, rolls down his window, and shows it
to Marvin. Jim achieves his objective and Marvin backs off, but
Marvin calls 911, gives the operator his location, and says that
Jim pointed a gun at him. The police respond and pull Jim over a
few miles down the road; Marvin pulls over, also. The police talk
to Marvin first since he was the one who called 911. They then
speak to Jim, who tells them where to find the handgun in his
console. Jim explains that Marvin randomly pulled up beside him
and began yelling at him and that he showed Marvin his gun for
the purposes of warning him so that he would be left alone, but
Jim emphatically states that he did not point the gun at Marvin.
What Crimes Can I Be Charged With When My Use Of Deadly Force Is Not Justified? | 229
