If you're on a ranch in the middle of nowhere in TX, go for it. But if you live in an incorporated area, your Texas state law and city or county ordinances say 'no.' (Texas Penal Code Section 42.12 plus local ordinances of whatever city or town you're in.)
But then Texas is the only state that allows one to shoot at a fleeing felon if the felon is making off with property in the nighttime (Texas Penal Code Section 9.42(2)(B) but you can't shoot during the daytime!)
Thank you for the legal posting. Very informative. Was familiar with the day/night distinction on fleeing robber, but the refresher was good.
However, is not the term “reckless” subject to interpretation, such that a crack lawyer might — in some cases, at least — get someone off who had fired a warning shot?
In other words: Who says “warning” must necessarily equate to “reckless” in every case other than on the high seas?