Tex. Penal Code § 42.12

DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES

Applied in 90 court decisions — leading case 25 Cal. 4th 1225 - People v. Vasquez (2001)

Most recently applied in Benito Martinez v. State (November 2018)

Added by Acts 1995, 74th Leg., ch. 663, Sec. 1, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) 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.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the person may be prosecuted under either section.

(d) Subsection (a) does not affect the authority of a municipality to enact an ordinance which prohibits the discharge of a firearm.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.