Author Topic: Accidental Discharge  (Read 3032 times)

deadstick

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Accidental Discharge
« on: May 06, 2014, 11:23:21 AM »
Scenario 1: Let's say you are cleaning your pistol at home and it accidentally discharges. The bullet goes through your wall into YOUR backyard. Does this have to be reported to anyone (eg: police) and do you cover such a scenario if lawyers get involved?

Scenario 2: Same as #1 BUT the bullet goes OUTSIDE your property (eg: hits neighbor's backyard or shed out back)?

Scenario 3: Same as #1 BUT someone gets hit and is injured/killed. That someone could be in your house or someone outside your property.

Thanks
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Accidental Discharge
« Reply #1 on: May 06, 2014, 03:37:42 PM »
deadstick,

Any time there is a discharge, the potential for criminal charges is always there. Even though you may contend that it is accidental, the state can always contend that it was either intentional or reckless. Discharging a firearm in a reckless manner is a criminal act under Texas Penal Code 42.12 if done in a city of over 100,000 people.

There is no duty to self-report discharging a firearm. However, depending on your circumstances, it may be in your best interest to report it if the person or property of someone else has become involved.

Accidental discharges are not covered under the Texas Law Shield program.

Actually, most cities have municipal ordinances against discharging firearms, and many cities believe that this covers accidental discharges as well, but that may not be legally be true, necessarily.

Hope that helps.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »