Need LEO advice on shotgun carry

[govnor]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

[txinvestigator]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

No Texas law specifically prohibits long gun carry. There are a couple of laws to be concerned about. Texas Penal Code 46.03, and 42.01 a(8).

http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

Oh, and shotguns must have 18" or longer barrel and at least 26" long overall, unless registered under the NFA.

[govnor]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

No Texas law specifically prohibits long gun carry. There are a couple of laws to be concerned about. Texas Penal Code 46.03, and 42.01 a(8).

http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm

Oh, and shotguns must have 18" or longer barrel and at least 26" long overall, unless registered under the NFA.

Heh, at first I looked up 43.06 because I got it backwards. Public indecency? hehe.

Anyway, by these two laws I can only see a problem if you were displaying the weapon to alarm or threaten. Just carrying it around in your truck hidden under a towel or something. I doubt you could be convicted of anything. At least I hope not. I need to measure my pistol grip shotgun for overall length. I guess it's legal because I bought it at a sporting goods store. Barrel is 18" or 18.5"

[Right2Carry]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view. With that said my cousin bought a bubba rack that mounts on the roof ( inside of course), it does a great job of holding his long guns while keeping them out of sight from the casual observer, while also complying with the law that they must be in plain sight or in the open.

[govnor]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view. With that said my cousin bought a bubba rack that mounts on the roof ( inside of course), it does a great job of holding his long guns while keeping them out of sight from the casual observer, while also complying with the law that they must be in plain sight or in the open.

Hmmm. I like that idea...the inside roof mount.

[stroo]

As TXI said, we have open carry of legal long guns, including shot guns, in Texas. Having said that, some LEOs may not take kindly to seeing a shotgun in the front seat with you and might cause some problems. Nothing you couldn't get out of but it might be a real imposition on your time.

[stevie_d_64]

Heh, at first I looked up 43.06 because I got it backwards. Public indecency? hehe.

I'm done...g'nite...

[govnor]

As TXI said, we have open carry of legal long guns, including shot guns, in Texas. Having said that, some LEOs may not take kindly to seeing a shotgun in the front seat with you and might cause some problems. Nothing you couldn't get out of but it might be a real imposition on your time.

I wonder if it helps that I'm obviously working (pool supplies in truck). I'm also in a one year old vehicle and have all of my ducks in a row. Inspection, tags current, etc.

I'm not really worried about getting pulled over anyway. I haven't been in years and I drive 30k miles a year. I also drive a stealth vehicle... a white pickup truck. The police just seem to ignore me as I roll by. Plus, I seldom speed...

So what I'm getting is that the shotgun MUST be in the open. Cannot be concealed or it might as well be a pistol. I'm just thinking of how nice my Stoeger would look on a rack in the back of the pickup...

[txinvestigator]

Or lawyer advice if there are any on. I've asked a few officers about the legalities of hauling around a shotgun in your car. No CHL, by the way (not yet, anyway). I've been told that it's legal to carry a shotgun loaded in your front seat, hidden in the backseat...etc, as long as the barrel is 18". I've also been told by an officer that it is NOT legal and is the same as a handgun unless it is in a "bubba rack" in the back of your pickup truck.

So my question is can I carry one or not? If I do put a shotgun rack in my truck will I be hassled around Dallas (or worse, Highland Park) since I drive around those areas a lot when working.

Personally, I'd rather not advertise it, but then again I'm never in a situation where it would be stolen out of my truck, since I'm usually pretty close to my truck at all times. I own a pool service so I'm usually at people's homes. Another reason I'd rather keep it hidden in case they are anti's.

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view. With that said my cousin bought a bubba rack that mounts on the roof ( inside of course), it does a great job of holding his long guns while keeping them out of sight from the casual observer, while also complying with the law that they must be in plain sight or in the open.

Texas law does not prohibit long gun carry other than what I already posted. Concealed or not, loaded or not.

Texas weapons laws are here; http://tlo2.tlc.state.tx.us/statutes/do ... m#46.01.00

[Mike1951]

I use the Rifle-It.

http://www.vdpusa.com/07-cat3.html

But it wasn't ok without some serious modifications.

[KBCraig]

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view.

Nope.

Open or concealed, loaded or not, accessible or locked in the trunk. Doesn't matter with long guns.

You can even have a Civil War-era muzzle loader in your truck while stopping for a chili cheese coney at Sonic. Just ask TSRA director Jim Dark.

The only restriction is "gun free" ( ) zones. If you have a Texas CHL, you're exempt from the Gun Free School Zones Act. Without it, you're subject to federal and state laws regarding school parking lots.

Kevin

[Right2Carry]

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view.

Nope.

Open or concealed, loaded or not, accessible or locked in the trunk. Doesn't matter with long guns.

You can even have a Civil War-era muzzle loader in your truck while stopping for a chili cheese coney at Sonic. Just ask TSRA director Jim Dark.

The only restriction is "gun free" ( ) zones. If you have a Texas CHL, you're exempt from the Gun Free School Zones Act. Without it, you're subject to federal and state laws regarding school parking lots.

Kevin

Well I guess I was mis-informed. I do have a couple of questions. Does concealed weapon only apply to handguns? Open carry of long rifles is legal, but what if you have a long coat on and have a long rifle tucked inside the long coat? Are you now carrying it concealed and is it still legal?

I guess I equate this to states that have open carry for handguns. You can open carry the handgun but the minute you cover it up it becomes concealed and a violation if you don't have a concealed permit.

I didn't see long guns specifically addressed in the stature, maybe I was looking at the wrong area.

[seamusTX]

Open and concealed carry come up in three places in Texas law:

• A CHL holder must carry a handgun concealed.
• A non-CHL can carry a handgun conceled in a vehicle, with all the footnotes to that law.
• A non-LEO security guard must carry a handgun openly.

Other than that, it is either legal or illegal to possess a weapon in whatever circumstances.

There's a bunch of urban legend, rural legend, etc., based on laws of other states, or the way Texas law was decades ago, or something someone saw in a movie.

One other thing: having an NFA license for a short shotgun or carbine is a defense to prosecution. The cops can arrest you and let the lawyers sort it out.

- Jim

[txinvestigator]

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view.

Nope.

Open or concealed, loaded or not, accessible or locked in the trunk. Doesn't matter with long guns.

You can even have a Civil War-era muzzle loader in your truck while stopping for a chili cheese coney at Sonic. Just ask TSRA director Jim Dark.

The only restriction is "gun free" ( ) zones. If you have a Texas CHL, you're exempt from the Gun Free School Zones Act. Without it, you're subject to federal and state laws regarding school parking lots.

Kevin

Kevin, as far as Texas law is concerned, parking lots of schools are not the premises. TPC 46.03 is the applicable law, and states that premises has the same definition as 46.035.

I have no idea about federal law, but I don't see too many federal cops around.

[txinvestigator]

IANAL but I don't think you can carry a long gun concealed either, it must be in plain view.

Nope.

Open or concealed, loaded or not, accessible or locked in the trunk. Doesn't matter with long guns.

You can even have a Civil War-era muzzle loader in your truck while stopping for a chili cheese coney at Sonic. Just ask TSRA director Jim Dark.

The only restriction is "gun free" ( ) zones. If you have a Texas CHL, you're exempt from the Gun Free School Zones Act. Without it, you're subject to federal and state laws regarding school parking lots.

Kevin

Well I guess I was mis-informed. I do have a couple of questions. Does concealed weapon only apply to handguns? Open carry of long rifles is legal, but what if you have a long coat on and have a long rifle tucked inside the long coat? Are you now carrying it concealed and is it still legal?

I guess I equate this to states that have open carry for handguns. You can open carry the handgun but the minute you cover it up it becomes concealed and a violation if you don't have a concealed permit.

I didn't see long guns specifically addressed in the stature, maybe I was looking at the wrong area.

We really need this to be a sticky, as it IS a good question and comes up often.

Texas weapons laws are found in chapter 46 of the Penal Code. There are laws that prohibit the carry of certain weapons, and laws that prohibit the mere possession of other weapons. For each of those those two sections there are exceptions, non-applicability's and defenses.

Then there are laws that prohibit the carry of ALL weapons, including those not otherwise prohibited, at certain places. There are laws concerning felons in possession of firearms, body armor, explosives, etc.

Here are the laws about firearms applicable to non-felons, non-LEOs.

Texas Penal Code
§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.

As you can see, this section does not mention long guns, nor does it discuss concealed carry, loaded or unloaded carry.

About your person is the area within your immediate access.

Here is the law describing when 46.02 does not apply;

§ 46.15. NONAPPLICABILITY.
b) Section 46.02 does not apply to a person who:

(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as an employee of a penal
institution who is performing a security function;

Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;

Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(8) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of
official duties as:
(1) a member of the armed forces or state military
forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
(g) Repealed by Acts 2005, 79th Leg., ch. 1093, § 4; Acts
2005, 79th Leg., ch. 1179, § 3.
(h) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters

Under this, carry at your premise, premises under your control, hunting, fishing, etc, travel, is NOT a violation under 46.02. Since 46.02 does not mention concealed, loaded, etc., then in those circumstances you can carry how you wish.

Notice that section 5 requires the guard to carry in plain view, and section 6 requires the CHL holder to carry concealed.

There are places CHLers cannot carry; (30.06 not included in this discussion)

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of a
governmental entity.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer
under Chapter 1702, Occupations Code, and employed as a security
officer commits an offense if, while in the course and scope of the
security officer's employment, the security officer violates a
provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e)
is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
(h) It is a defense to prosecution under Subsection (a) that
the actor, at the time of the commission of the offense, displayed
the handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.

Long Guns are addressed in two sections;

§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section
46.035.
(2) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas Board
of Private Investigators and Private Security Agencies if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) Deleted by Acts 1995, 74th Leg., ch. 318, § 17,
eff. Sept. 1, 1995.
(5) a security officer who holds a personal protection
authorization under the Private Investigators and Private Security
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).
(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
(f) It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
(g) An offense under this section is a third degree felony.
(h) It is a defense to prosecution under Subsection (a)(4)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
(1) the actor is wearing a distinctive uniform; and
(2) the firearm or club is in plain view.
(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
(1) while in a vehicle being driven on a public road;
or
(2) at the actor's residence or place of employment.

AND HERE:

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

A short barreled firearm is a rifle with a barrel less than 16 inches, or overall length less than 26", or a shotgun with a barrel less than 18" and an overall length less than 26".


Other than disorderly conduct and deadly conduct, there is really no other restriction in Texas law regarding long guns.

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;




§ 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.

Hope this helps.