Texas Penal Code - Section 46.13. Making A Firearm Accessible To A Child
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Texas Laws > Penal Code > Texas Penal Code - Section 46.13. Making A Firearm Accessible To A Child
Section: 46.06 46.07 46.08 46.09 46.10 46.11 46.12 46.13 46.15 47.01 47.02 47.03 47.04 47.05 47.06
§ 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
(1) "Child" means a person younger than 17 years of
(2) "Readily dischargeable firearm" means a firearm
that is loaded with ammunition, whether or not a round is in the
(3) "Secure" means to take steps that a reasonable
person would take to prevent the access to a readily dischargeable
firearm by a child, including but not limited to placing a firearm
in a locked container or temporarily rendering the firearm
inoperable by a trigger lock or other means.
(b) A person commits an offense if a child gains access to a
readily dischargeable firearm and the person with criminal
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person
knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this
section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of
age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people
(3) was gained by entering property in violation of
this code; or
(4) occurred during a time when the actor was engaged
in an agricultural enterprise.
(d) Except as provided by Subsection (e), an offense under
this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor
if the child discharges the firearm and causes death or serious
bodily injury to himself or another person.
(f) A peace officer or other person may not arrest the actor
before the seventh day after the date on which the offense is
(1) the actor is a member of the family, as defined by
Section 71.003, Family Code, of the child who discharged the
(2) the child in discharging the firearm caused the
death of or serious injury to the child.
(g) A dealer of firearms shall post in a conspicuous
position on the premises where the dealer conducts business a sign
that contains the following warning in block letters not less than
one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON
AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE
LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
Added by Acts 1995, 74th Leg., ch. 83, § 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 62, § 15.02(g), eff. Sept.
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Last modified: August 11, 2007