From a press release earlier today…

On June 15, 2023, at 3:21 PM, the Montgomery County Sheriff’s Office received a shots fired call at the HEB in the 3500 block of Rayford Road, Spring, Texas. Upon arrival, Deputies determined that an individual had dropped the firearm he had been carrying on his person. When he went to pick up the firearm, he unintentionally grabbed the trigger, which caused the gun to discharge. No one was hit by the discharged round. Two minor injuries were reported to Montgomery County Hospital District medics. One injury was from debris caused by the discharged round, and the other was due to an individual reacting to the gunfire.

The individual who dropped the firearm has been identified, and as a result of the investigation conducted by the Montgomery County Sheriff’s Office, he will be charged with Deadly Conduct a Class A Misdemeanor.

There is no threat to the public at this time.

When charged as a Class A misdemeanor, a deadly conduct conviction can result in up to one year in jail. Also, Montgomery County has been called the most conservative county in the State of Texas. If it had happened a few miles away in Harris County, I suspect it would have been charged as a Felony, which is possible in accordance with State law.

Makes you at least reconsider carrying with one in the chamber.

Or just know how to handle a firearm. I’ve never picked up a gun with a finger inside the guard. There are a lot of responsibilities when toting protection around. I do agree with your county assessment though, Harris County and their “leadership” are garbage

That's what you do if you carry a cheap, unsafe gun.

Yes, it would be interesting to know more of the details about exactly how his actions resulted in an accidental discharge.

A good holster probably could have fixed most of this issue. Can’t say I’ve ever had one fall out of a good one. A cheap one absolutely but more as a test to see if it would be secure enough to use.

I suspect the individual panicked after dropping his piece, and made a quick grab for it.

If you drop it, let it fall then LOOK before reaching for it, always.

Why even carry if it's not loaded?

Which begs the question as to why he was handling the firearm in the parking lot in the first place?

Who said he was? Could have been in his pocket and fell or fell from a faulty or misused holster.


Only for morons.

I still remember Eekels dropping his 38, it discharging when it hit the ground and hitting him in the knee.

Yea, probably a bubba booger picker that carries a gun because it makes him feel special.

I have a pocket holster that I used back in the days when printing was more an issue. It may be time to find it and start using it again.

Dan it’s wise to learn from others mistakes, but changing your behavior because someone else is a moron is the whole argument for gun control. Be conscientious of what you do, you will be fine.

So if we are watching TV, namely the Andy Griffith Show and Barney puts his revolver back in the holster and it goes off, now the new deal is to arrest Barney and throw him in jail for a year.

This store is located close to the Montgomery/Harris County line and in an area where people from Harris County for known for jumping off the toll road and committing crimes. I have to wonder if the guy is a resident of Harris County and the Montgomery County DA is wanting to send a message. In fact, County officials once had a billboard placed along I-45 for the purpose of alerting Harris County residents they were entering Montgomery County.

Agreed ,,,, I like one in the chamber

Glocks and likes with no safety .... I have known several of accidental discharge ,
one with deadly outcome to a child. Great pistol but the people carrying them
need to have a holster and a totally different mindset regarding safe handling

Huh. The standard for that charge is "reckless" (knowing) conduct. I wonder why he wasn't charged with something based on negligence instead?

Dummy should have been more careful how he picked up his pistol. Is it possible being dropped might have jarred the sear making the gun go off when he picked it up?

Possible? Yes.
Likely? No.

I take along a Judge when I leave town. We are retired and do a lot of driving. Don’t have to worry if it’s in battery. I intersperse .410 with solids. That kinda worries me. I’m not able to remember what is going to be under the hammer. But, if I have to get it out, that might not matter.

I’ve been in one shoot out in my life and prefer to not get into another.

it's a great piece
I like the options of shots or solids

I'm not sure why we even bother replying to Dan on threads like this... but here we go-- first he doubles down on stupidity by bringing up carrying without a round chambered--

Then he triples down by saying he is going to get his pocket holster BACK out and in use

It is an interesting choice to file this charge on that individual but since I'm guessing Spring, TX doesn't fit the "Discharge In Certain Municipalities" statute they went with Deadly Conduct.

I'm sure they chose subsection (a) because the standard for 'recklessly' does apply well compared to having to prove up the 'knowingly' for the felony- which would be near impossible.

"(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint."


Either way-- sucks to be that guy, glad no one got hurt, would be interested to read more if anyone finds an article.

Bottom line-- get an appropriate, reputable holster, train with your equipment and obey the rules of firearm safety.

Reckless and Knowing are two totally different cupable mental mind states in Texas...