(a) A person commits an offense if he discharges a firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, in a place not customarily open to the public, whether the shell or cartridge is blank or live ammunition.
(b) It is a defense to prosecution under this section that:
(1) the person was a law enforcement peace officer acting in the performance of his official duties;
(2) the person was at a shooting range operated by an agency of the United States government, State of Texas, or a political subdivision of the state, or which is privately operated if approved by the police department;
(3) the person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization; or
(4) the person was acting in a self-defense or justifiable or excusable homicide situation. (Ord. 14971)