Houston Officer Seeks $10 Million from Gunmaker After Holstered Weapon Fires Unexpectedly

Traffic Duty Turns Dangerous for Officer Fernandez

Houston Police Officer Richard Fernandez filed a lawsuit seeking $10 million after his holstered service pistol discharged without warning while he was directing traffic before the Martin Luther King Jr. Day parade earlier this year. The shotgun incident left him injured and deeply shaken.

Wounded on Duty by His Own Weapon

On January 20, while patrolling near Martin Luther King Boulevard, Fernandez exited his squad car and approached a partner’s vehicle when he heard a sudden “pop.” To his horror, his semi-automatic pistol—secure in its holster—had fired and struck his leg, causing severe bleeding. Three tourniquets were applied on the spot, and he was rushed for emergency surgery to remove the bullet. He spent three days in the hospital and continues to undergo medical treatment.

Lawsuit Claims Hidden Danger in Holster

Filed in Harris County District Court, the lawsuit alleges defects in the Sig Sauer P320—a widely used law enforcement handgun—led to the unintentional discharge. Fernandez did not touch the weapon before it fired, yet it expelled a round from his holster. The suit names both Sig Sauer and the Houston retailer CTC Gunworks, where the weapon was purchased.

Attorney Scott Siscoe argues this accident could have been avoided if law enforcement had known about the P320’s tendency to fire unintentionally. “If he had been warned, he would have taken preventive measures,” Siscoe said.

A Troubled History of Accidental Discharges

Fernandez's case joins a growing number of incidents linked to the P320. In 2024, a Pennsylvania jury awarded $11 million to an Army veteran injured by a holstered P320. Another jury in Georgia awarded $2.35 million in a similar case, with courts affirming concerns over the weapon’s safety.

The U.S. Air Force Global Strike Command also recently paused use of the P320 variant M18 after a fatal incident involving a discharge. Meanwhile, civilian tests by the Houston Police Department in 2017 showed the P320 firing four times when dropped 30 times.

Manufacturer’s Position and Pushback

Sig Sauer maintains the P320 is safe when carried with an empty chamber and shot only when the trigger is pulled. The company’s manual recommends carrying the pistol without a round in the chamber. Despite this, Sig Sauer faces multiple lawsuits alleging the weapon fires without trigger input, while calling these claims “agenda-driven misinformation.”

Broader Implications for Law Enforcement Policy

The incident has renewed debate about weapon safety and procurement policies for law enforcement agencies. With the P320 in wide use across police forces nationwide, reports of holstered discharges raise questions about training, handling protocols, and whether improved or alternative sidearms are warranted.

As Officer Fernandez pursues his $10 million claim, other departments and officers will be watching closely. A favorable outcome could influence future gun safety standards, reinforce liability protocols, and impact contracts with firearm manufacturers.