What is the Current Texas Law About the Discharge of a Firearm in Certain Municipalities?

Under Texas’s “Discharge of a Firearm in Certain Municipalities” law, you can get arrested if you shoot a gun within city limits if that city has a population of over 100,000. If you are convicted, you may face a misdemeanor unless you get the charge dismissed or the prosecutor upgrades the offense because of other factors. Getting a gun-related conviction on your record may cause you to face jail time, pay fines, and risk other consequences on your personal and professional life.

At Mary Beth Harrell Criminal Defense and DWI Lawyers, we understand the questions that you may have right now. Our firearm defense lawyers are here to help you clear your name and fight back against these charges. Our team has helped dozens of clients defend themselves against charges ranging from gun offenses to DWIs to domestic violence and homicide. We have your back.

What is the “discharge of a firearm in certain municipalities” rule in Texas?

Texas’s “Discharge of a Firearm in Certain Municipalities” rule makes it illegal for someone to recklessly shoot a gun in a city with a population of 100,000 or more. That specific criminal law does not give a specific definition of reckless; however, other Texas laws give more information about what it means to be reckless.

For example, under Section 6 of the Texas Penal Code, recklessness includes when someone takes an action — such as shooting a gun — even though there are substantial risks to others. Judges may use these and other laws to decide if someone was reckless when they shot a gun in a large city in Texas.

When was the “discharge of a firearm in certain municipalities” law passed, and when was it updated?

The Texas Congress passed the “Discharge of Firearm in Certain Municipalities” rule in 1995, and it became effective on September 1, 1995. The law was not updated between then and March 2025; however, Congress may revisit this later and make changes as they see fit. That’s one reason why talking to a seasoned criminal defense lawyer who can help you understand the most recent firearm laws is essential.

Can you discharge a gun within city limits in Texas?

Texas law restricts when people can fire a gun within city limits. The “Discharge of a Firearm in Certain Municipalities” law makes it illegal for someone to shoot a gun within city limits if the city has a population of 100,000 or more. There may be exceptions to this rule, such as if someone is defending themselves or at an approved shooting range.

Texas also has rules about what types of guns people can have and shoot. For instance, qualified individuals can have and openly carry handguns in places where guns are allowed; however, it is illegal for people to have and shoot machine guns unless they are registered with the federal government.

What type of crime is a discharge of a firearm in certain municipalities offense?

A “Discharge of a Firearm” offense is a Class A misdemeanor by default. That said, the prosecutor may upgrade the offense to a more serious type of conviction — like a felony — in some situations. For example, they may prosecute this offense as a felony if you have multiple serious gun charges on your record or if the crime was committed on school grounds. It depends on the circumstances of the offense, the sentencing laws in effect at the time, and other factors.

What are the penalties for discharging a firearm in a large city in Texas?

Violating the “Discharge of a Firearm in Certain Municipalities” law is a Class A misdemeanor. Because of this, the person may have to pay up to $4,000 in fines and serve a jail sentence of up to one year or more. If they have prior Class A misdemeanors or felonies on their record, the sentence may be upgraded to between 90 days and one year in jail and a fine of up to $4,000.

What are the defenses to a charge of shooting a gun in certain municipalities in Texas?

You and your defense attorney can defend against the charges in several ways. One is to find flaws in how the police arrested you or investigated the crime. For example, they might not have read you your rights when they detained you. Or, they might not have followed the proper rules when they gathered and preserved evidence. Another way to defend yourself is to give an alibi or find another reason why you are not guilty of the crime.

How long do prosecutors have to bring a case against you for shooting a firearm in a large city in Texas?

In ordinary circumstances, prosecutors have up to two years to file a criminal complaint against you for a Class A misdemeanor. The two years may begin on the day they believe you committed the offense. However, there may be exceptions that can extend the state’s deadline.

Charged with a discharge of a firearm in certain municipalities offense in Texas? Contact us today.

Gun charges can seriously impact your life and cause you significant stress. If you’re facing a charge of shooting a gun within a large city in Texas, you may wonder what your options are for defending yourself and clearing your name. Our Texas firearm attorneys are here to fight for you and your freedom throughout this time.

Mary Beth Harrell Criminal Defense and DWI Lawyers, has fought for the accused in Texas for over a decade. As an Army wife and an Army mom, Mary Beth Harrell is relentlessly dedicated to helping her clients reclaim their lives. She is well-respected in the criminal defense field, and she participates in continuing education courses and conferences to stay current on criminal defense laws. She understands that mistakes and misunderstandings happen. Call her team today or fill out the online contact form to schedule a no-obligation consultation.