TexasCHLforum.com

I don't know if he will be successfully prosecuted or not. Disorderly conduct requires intentional or knowing discharge, which clearly did not occur. Discharge in a municipality (P.C. 42.12) requires reckless as a culpable mental state. I am not sure, if it was holstered, if the DA can prove recklessness as opposed to negligence.

Recklessness requires the person's being aware of the problem and disregarding it. I think use of a holster shows he did not disregard the potential and took reasonable steps to prevent it. There is obviously more than i know to the incident, so this is based solely on the news articles linked in here and the comments here.

With regards to the accuracy of comments here and in the newspaper, I will note that the original article says a .380 and we were also told revolver. I don't know which is correct and admit my knowledge on this is not exhaustive, but I personally am not aware of any .380 revolvers. I don't know if that one weird S&W revolver that was chambered for 9mm would also fire .380 ACP.