HOUSTON – Celebratory gunfire is a problem in the Houston area year after year, particularly around New Year’s and the Fourth of July, and notably, when the Astros win.
Here’s what it is and what to know about it and the laws surrounding it.
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Celebratory gunfire defined
Basically, celebratory gunfire is shooting into the air in celebration of a holiday or other event. Sometimes people are killed by stray bullets and property can be damaged when the bullets fall to the ground.
The CDC reported that when fired into the air, bullets can return to the ground at speeds greater than 200 feet per second, a sufficient force to penetrate the human skull and cause serious injury or death. The CDC said further that news media reports from around the world suggest that celebratory gunfire injuries might be a widespread public health problem; however, further data is needed to determine the extent of the problem.
What laws exist in the Houston area?
Houston Mayor Sylvester Turner emphasized in 2021 that celebratory gunfire is illegal within the city limits. He also warned that celebratory gunfire remains a problem in the city of Houston year after year.
What consequences for shooters?
Houston Police Department has told city residents in recent years that even if nobody is hit, revelers who open fire can face up to a year behind bars and a $4,000 fine.
Are there efforts to curb celebratory gunfire?
As KPRC 2′s Joel Eisenbaum reported this year, there have been legislative attempts to make celebratory gunfire that injures or kills someone a first-degree felony in the State of Texas. The bill was never passed, and its author has an interesting history of his own as the victim of celebratory gunfire.
According to information on that government page linked above, 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 former 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.”
Cases year after year
New Year - 2022
Despite warning residents about the dangers of celebratory gunfire, Houston police received several calls about gunshots late Friday and early Saturday as the city rang in the new year.
Altogether, Houston police arrested nine people on suspicion of discharging a firearm in the metro area. Read more here.
New Year - 2021
An 8-year-old boy and a 24-year-old woman were injured by celebratory gunfire in separate instances overnight, according to Houston Police. Read more here.
New Year - 2020
Philippa Ashford, 61, died during a New Year’s 2020 celebration with her family after she was struck by a stray bullet in the Laurel Oaks subdivision in north Harris County.
The case has long since gone cold. Read more here.
New Year - 2019
KPRC 2′s Robert Arnold takes a look at the issue of celebratory gunfire in Houston, including reporting available statistics.
Do you experience celebratory gunfire in your neighborhood? What would you like authorities to know? Let us know in the comments below.