Can You Legally Fire A Warning Shot In Texas?

Whether it's the middle of the night or high noon, if you see someone wandering around on your property, does Texas allow you to, legally, fire a warning shot to scare them off?

These days, with illegal migrants being more common, trespassing may become more common since migrants are unfamiliar with the area and property lines. The fact that some may be up to no good has area residents concerned and anxious.

While a warning shot will most likely send anyone ... good guy or bad guy ... on their way; is it legal to fire one in Texas? Nope.

First of all, you should never fire ANY shot unless you're sure of your target and what's beyond/around it. Never fire a shot in the air either ... that bullets going to come back down somewhere and could hurt or kill somebody. It happens.

Can You Fire Warning Shots In Texas?

No, you can't - not legally anyway. Apparently the words "warning shot" are not used in the Texas penal code. The words "deadly force" are though and that's what a court may charge you with if you fire a warning shot.

There is a very strong argument that all firearm discharges, including warning shots, constitute deadly force because of the inherent design of firearms. - walkertaylorlaw.com

It could even amount to "aggravated assault with a deadly weapon" which is a pretty serious charge. If you fear imminent harm or death, the Texas Castle Doctrine will protect you if you use deadly force. In cases like that, you're no longer shooting a "mere trespasser" but a robber/rapist/attacker/etc.

Bottom line, you cannot shoot at, or in the area of, someone who is merely trespassing.  Just call the cops and lay low. (PS: I'm not a lawyer.)