DISCHARGE FIREARM IN CERTAIN MUNICIPALITIESTexas Penal Code (PC) § 42.12(b)
Discharge Firearm in Certain Municipalities is a Class A misdemeanor under Texas Penal Code (PC) § 42.12(b). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES” mean?
Discharge Firearm in Certain Municipalities is a Class A misdemeanor under Texas PC § 42.12(b).
Discharge of a firearm in certain municipalities, Texas Penal Code § 42.12, makes it an offense to recklessly discharge a firearm inside the corporate limits of a municipality having a population of 100,000 or more. The State must prove two things: that the shot was fired within the city limits of a qualifying large city, and that the actor did so recklessly — aware of, but consciously disregarding, a substantial and unjustifiable risk. The statute does not require proof that anyone was endangered, alarmed, or injured; the location element and the reckless discharge are the offense. Subsection (b) grades it as a Class A misdemeanor. The offense is distinct from disorderly conduct by discharging a firearm in a public place, which does not depend on city population, and from deadly conduct, which requires a discharge at or toward people, habitations, buildings, or vehicles.
What usually happens to a DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES charge?
63% ended without a conviction, 14% in deferred adjudication and 23% in a conviction.
How 1,071 resolved DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES charges filed 2019–2023 ended, across 12 counties (Bastrop, Bell, Brazoria, Collin, Dallas, Denton, FortBend, Galveston, Harris, Montgomery, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 771 | 70% | 10% | 20% | 288 |
| Dallas | 146 | 57% | 21% | 21% | 204 |
Outcome is the final disposition recorded on the charge. “Other” (6) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES case take to resolve?
Typically about 9 months: half of resolved cases closed within 262 days of filing.
Across 1,071 resolved DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES charges filed 2019–2023, the median time from filing to disposition was 262 days. The middle half took between 147 and 408 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Discharge Firearm in Certain Municipalities in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES in Texas?
The median bail is $3,000, and 7% of defendants were released on a personal bond.
Across 4,857 Texas bail settings for this charge (25 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,000 (middle half: $1,500 – $5,000). 7% of defendants were released on a personal bond, and bail was denied in 68 cases. When this was the only charge at booking (1,616 records), the median was $2,500 and 13% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 1,011 | $2,000 | $1,000 – $5,000 | 9% | 1% |
| Dallas | 678 | $1,500 | $1,000 – $3,000 | 2% | 2% |
| Bexar | 588 | $5,000 | $2,500 – $10,000 | 0% | 3% |
| Travis | 295 | $5,000 | $3,500 – $6,500 | 31% | 1% |
| El Paso | 264 | $5,000 | $2,500 – $10,000 | 7% | 2% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with DISCHARGE FIREARM IN CERTAIN MUNICIPALITIES?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.