Celebratory Gunfire - House Bill 86

House Bill 86 by Rep. Armando Martinez would have criminalized celebratory gunfire, which occurs when people fire guns into the air on major holidays, such as New Year's Eve and the Fourth of July.

It should be noted that the legislation was filed by Rep. Martinez, who was, himself, hit by celebratory gunfire shortly after midnight in 2017, while celebrating New Year's Eve with his family. It could have been much worse — his kids were standing just a few feet in front of him.

HB 86 would have made it a Class A misdemeanor to discharge a weapon without an intended target and would have made it a first-degree felony if the gunfire resulted in serious bodily injury or death.

At present, there is no state law that specifically addresses celebratory gunfire. It is subject to a patchwork of local laws that deal with the reckless discharge of a weapon. One only needs to witness the endless eruption of gunfire on holiday evenings to know that irresponsible gun owners are disregarding these local laws.

As Houston Police Chief Art Acevedo said, "What goes up, must come down, and we should not play Russian roulette with the lives of our families." Fortunately, Rep. Martinez has fully recovered. Others may not be so lucky. Celebratory gunfire is a tradition that must end.

HB 86 was successfully voted out of the House Criminal Jurisprudence Committee but died when it didn't pass out of House Calendars.