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by srothstein
Fri Jan 14, 2011 10:05 pm
Forum: General Texas CHL Discussion
Topic: Accidental Discharge in Houston Restaurant
Replies: 85
Views: 16778

Re: Accidental Discharge in Houston Restaurant

BTin wrote:Just out of curiousity, what could they charge this guy with?
I would not want to be the officer filing the report, but an argument could be made for a charge of deadly conduct. The firstpossible charge only requires reckless conduct, and carrying in that manner might be defined as reckless.

Here is the law:

Sec. 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.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(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.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.
by srothstein
Fri Jan 14, 2011 10:02 pm
Forum: General Texas CHL Discussion
Topic: Accidental Discharge in Houston Restaurant
Replies: 85
Views: 16778

Re: Accidental Discharge in Houston Restaurant

ScottDLS wrote:Many, if not most, car accidents are the result of negligence (distracted, speeding, drunk, etc.). We still call them accidents unless someone intentionally hit someone.... Car negligents? :confused5
I tried but I just could not resist. DPS used this same argument about the cause to rename them car crashes. They even renamed the form to "CR-3" for "Crash Report".

And it has not had the effect of reducing the number of crashes or making people see them as avoidable.

I agree that the terminology is not as important as the communication. As long as we all know what we are talking about, the name of the incident is not really that important.

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