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Are there any legal requirements, i.e. report to the police, etc., if you have an AD within Houston City limits?

**edit to add information**

Just received a call from a friend that had one. It went through the back of the house and into the neighbors house. Nobody hurt (thank you God!), but everybody is shaken up.

He wanted to know if he has to report it to the police, call some other authority, etc.

Update:

I spoke to a couple of police officer friends and the "unofficial" advice was:

1. Make sure that things are square with the neighbor as far as what happened and they understand that it was an accident and they he'll take care of any damage.

2. Don't call the police to file a report since nobody was hurt and there wasn't any significant property damage.

3. Be prepared for the police to show up in case someone heard that gunshot and called the police and get them as honest of an account of the incident as you can.

I'll post more specifics on the incident when I find out more from him tomorrow.

If it were me, I would rather tell the police myself than have them come looking for me...

I would think that there are so many gun shot discharges in Houston, Harris county, that if there was an AD either; 1. No one would call in, it is a typical day in Houston, 2. No one was around to hear it, 3. Someone would call it in but the call would get so backlog in the system a patrolman might show up 4-6 hours later to listen for gun fire, I really don’t think the sound is going to hang around until they arrive.

If you don’t kill some one, or your self then consider yourself the luckiest person alive, run out and buy a lottery ticket, today is you luckiest day.

On a more seriously note, this is what I would do after the AD. Be responsible. Safely secure my gun. Imminently with out delay, follow the path of the bullet, go to my neighbors, out into the street, next building over, might be upstairs, down stairs. Knock on there door and announce who I am, and my business. I would image how I would act if I heard a gun shot, then a short time someone knocked on my door. I would say something along the line "This is your neighbor from apt 123 (or 321 somewhere dr), I had an accidental gun discharge and wanted to make sure everyone was ok" I would then wait a minute or so to give them time to get to the door, and scope me out. If I thought someone was home, but they did not answer the door, then I would not delay in calling 911 and report it. I would let a police officer or fire dept determine if the shot hit someone. I worry if I broke into some ones apartment/house, just after a gun shot, I would be the next statistic. Look here is what I think is the bottom line. I would not worry myself with the cops, I would worry it hit some one else. If it did, I would want to testify that I took immediate action to preserve live. They are going to trace the bullet back to where it came from, it live a very big hole and is 100% traceable. If you hit someone, you are going to jail, and going the case is going to a grand jury guaranteed. On the other hand if no one was hurt. I would pay for any damages to property.

As to whether or not to call the police, I'm going with no, so long as you can prove that there are no injuries and you're square with anyone who's property might have been damaged. Case in point, by buddy in Dallas had an AD in his apartment, bullet terminated in the floor. He called 911 and the two (2) operaters he spoke with almost died laughing, then told him not to worry about it.

On the same note, I've heard that most people won't call the cops over one gunshot simply because you're likely to second-guess what they heard. Now, rapid or repeat gun shots are easier to identify.

Just my $.02

Does your friend have a CHL?

§6.119.

REPORTABLE INCIDENT

(a) Reportable incident defined. A reportable incident occurs, and a local law enforcement agency shall submit a report, under the following circumstances:

(1) when a license holder is arrested for a felony, a Class A or Class B misdemeanor, or disorderly conduct, or for any federal, state, or municipal offense involving unlawful possession, display, discharge, purchase, or transfer of a handgun, firearm, or weapon;

(2) when a license holder is responsible for a reportable discharge of a handgun or other firearm. A reportable discharge occurs when:

(A) a firearm is discharged accidentally;

(B) a firearm discharge results in injury to any person;

(C) a firearm discharge results in damage to property over $20; or

(D) any other discharge occurs other than during target practice, proficiency demonstration, ceremonial discharge, or weapon test;

(3) any other safety violation.

(b) Method of reporting. Data on the concealed handgun incident report form shall be submitted to the department on a monthly basis, along with such agency's Uniform Crime Reporting data.

-p.

May I ask where you obtained that information?

- Jim

seamusTX wrote:May I ask where you obtained that information?

- Jim

I believe I either got it off the DPS website or the State Capitol website. I searched for it because I vaguely recalled it came up in a discussion about AD/ND on another forum.

You'll note it doesn't specify whether the CHL holder need notify the Man -but my instinct is that the powers that be think a CHL holder should. However, local law enforcement agency is required to notify the DPS if a CHL holder is involved in an accidental discharge.

I do not know what the ramifications are for a CHL holder after an incident is reported. It is possible that negligence could result in the revocation of your CHL in certain circumstances.

-p.

I can't find those regulations online.

Since discharging a firearm generally is not a state offense, I suspect these regulations require police to inform DPS for statistical purposes.

The law on revoking a license is pretty clear. Having an accidental discharge, even if it results in injury to a person, is not a reason to revoke a license.

You cannot be required to report a crime that you committed. Doing so would be a violation of the 5th admendment of the U.S. Constitution.

- Jim

Well, I stand corrected as it doesn't matter anymore:

"37 TAC §§6.117 - 6.119

The Texas Department of Public Safety adopts the repeal of §§6.117 - 6.119, concerning License To Carry Handguns, without changes to the proposed text as published in the September 12, 2003, issue of the Texas Register (28 TexReg 7951).

Repeal of the sections is necessary because the statute was amended and law enforcement agencies no longer report incidents involving license holders and the department is no longer required to generate statistics based on reports.

No comments were received regarding adoption of the repeals.

The repeals are adopted pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Government Code, Chapter 411, Subchapter H.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2003.

TRD-200308368

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Effective date: December 25, 2003

Proposal publication date: September 12, 2003

For further information, please call: (512) 424-2135 "


-p.

seamusTX wrote:You cannot be required to report a crime that you committed. Doing so would be a violation of the 5th admendment of the U.S. Constitution.

- Jim

one may argue that just because it's against the Constitution, doesn't mean "they" won't try to pass a law for it...

yes, I'm referring to the whole 2nd Amdt thing....


and no, I'm not really being serious.
but one could argue it...

DoubleJ wrote:one may argue that just because it's against the Constitution, doesn't mean "they" won't try to pass a law for it...

Of course. They do it all the time. They usually lose in the Supreme Court when it's something other than a 2nd amendment issue.

- Jim

I'm actually getting a kick out of this conversation...

I know I am a sick-minded person , but I believe it would be a hoot to grab a handful of us and send us "temporarily" back in time to when they were wordsmithing up these documents we hold near and dear to our hearts, and see if some of the things we discuss would hold water with our founding fathers...

I think they would be pleasantly surprised at how we in this day interpret and apply what they were writing up back then...Not that its a bad thing, but it might have been something they would have considered if they had know how some others, (present company excluded) have really turned the meanings and intent so errant...

I'm afraid some of us, mainly myself, would probably have a hard time getting the tar out of certain places on my body... Just out of spite...

I dunno, I'm just kinda shooting from the hip this afternoon I suppose...

The repeal is interesting. The original is still up.
http://www.txdps.state.tx.us/administra ... chlaws.htm

near the bottom

I made a more detailed account of what happened here:

http://www.texasshooting.com/TexasCHL_F ... hp?t=10112