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BamaRed54 · Posted: Mon Jul 02, 2012 12:46 pm Post subject:

http://www.tpwd.state.tx.us/learning/hunter_education/homestudy/firearms/bullets.phtml
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Repoman911 · Posted: Mon Jul 02, 2012 8:40 pm Post subject:

This would probably fall under deadly conduct or something similar.

mike3887 · Posted: Tue Jul 03, 2012 8:48 am Post subject:

As someone else mentioned, most cities have city ordinances in place stating gunfire is prohibited within its limits. Those ordinances are usually set aside for smaller cities as larger ones are protected by state law as seen below. I deal with gun calls A LOT, especially working for an urban sheriff's office. People are extremely reckless with firearms on a regular basis and in a crowded county such as mine, it's a big problem. I work several large neighborhoods that are not within city limits and I use these laws to warn people or make arrests.

I have seen a few people struck by falling rounds, luckily in the right places to spare their lives and I can tell you first hand that when I'm on duty and the clock strikes 12 on New Year's Eve, I find an awning to sit under until I'm called away from it.

These are out of the Texas Penal Code. Please let me know if you guys have any questions and I'll try to clarify anything. Your laws are written by attorneys and go figure, lack clarity in some cases. http://www.statutes.legis.state.tx.us/

42.01 - DISORDERLY CONDUCT
A person commits an offense if he intentionally or knowingly:

(7) discharges a firearm in a public place other than a public road or a sport shooting range (Class B Misdemeanor);

( Cool

displays a firearm or other deadly weapon in a public place in a manner calculated to alarm (Class B Misdemeanor);

(9) discharges a firearm on or across a public road (Class C Misdemeanor)

42.12 - DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES
A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more (Class A Misdemeanor)

22.05 - DEADLY CONDUCT
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury (Class A Misdemeanor) (Keep in mind this law doesn't only pertain to firearms)

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:

(1) one or more individuals (3rd degree felony); or

(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied (3rd degree felony).

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

Hope this puts a little clarity in the discussion.

Later guys,
Mike
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Keep your friends close, and your enemies guessing...

Murf · Pony Mullet Joined: 12 Aug 2011 Posts: 57

Everyone just seems terrified on this post! The chances of being hit by a stray bullet being shot in the air is soo minimum! Even in some middle eastern countries where they'll shoot in the air to celebrate a clean dry fart, they might get a couple of people hit out of tens of millions.. Nobody wants to hold their friends brains in their hands, and I understand SB wanting to shield his daughter from bullets.. Any father would.. But now we've got "lawyers" in this thumbnail making laws up to control and constrict guns.. Why do you want to see them taken soo bad.. Don't you want your kids to be able to protect themselves and exercise their rights? Did the founding fathers get it wrong?

obsessed · Full Grown Flour Bluffian Joined: 08 Mar 2006 Posts: 1200

SharkBait · Posted: Tue Jul 03, 2012 1:19 pm Post subject:

mike3887 is a police officer..
those are the laws, doesn't matter if we like them or not
the law is the law
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SharkBait · Posted: Tue Jul 03, 2012 1:27 pm Post subject:

not to start another argument, but how does it make since that i have been attacked on this website for
carrying a firearm legally
and for using a legal snapper as bait
(my daughters life was threatened over this)
but when someone actually does something illegal(like threatening to run over someones daughter) everything is all good?
these things do not add up in my mind
seems that the guy who shot the gun

displayed a firearm or other deadly weapon in a public place in a manner calculated to alarm (Class B Misdemeanor);
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CBK Fabrication · Finger Mullet Joined: 13 Jun 2012 Posts: 22 Location: CTX

Either way the dip poo poo in the z71 is wrong and needs to be taught that!!! Im sorry I'm not all hard core on carrying guns but when a random person shafts busting rounds off randomly something needs to be done! After reading this I guess I'll be bringing more than 3 rounds lol in the cupholder
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Quality over quanity

o_brother · Posted: Tue Jul 03, 2012 10:34 pm Post subject:

I never carried on my bay boat in 15 yrs off salt water fishing until this year. With all the stupid stuff that I have seen at the boat ramps and on the water, I carry on my boat now. Someone pulling up next to my truck and firing any kind off rounds of any where in a public place is not good at all....
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Come out of the grass with your fins up.......

John Wasmuth · Posted: Thu Jul 05, 2012 5:53 pm Post subject:

Texas Penal Code Chapter 42.21 Disorderly Conduct
Texas Penal Code Chapter 22.05 Deadly Conduct

Most cities have thier own ords covering discharging firearms within city limits, usually a class C misdomeanor which can lead to a fine of up to $500.00.
Not a felony but stupid just the same.
Deadly conduct is a felony but only if the rounds are fired towards a dwelling or vehicle if the dwelling or vehicle is habitated. Otherwise its a class a misdomeanor.

In the 21 years I was a police officer in El Paso, it never failed that at least one person every year was hit by falling bullets shot into the air on either new years of independence day. What goes up has to come down.

nick072010 · Posted: Tue Jul 31, 2012 3:49 am Post subject:

Haven't had to deal with anyone getting his with a stray bullet yet, that would suck!

Just in case anyone wonders, no one has stated what the charge would be if someone was actually brought up on charges for firing a weapon in the air and hitting someone. Most likely would be criminally neglegant homicide or manslaughter.