Texas-Book-Gun Law Armed And Educated - Flipbook - Page 411
3) there are severe criminal consequences for storing your gun
where it can be accessed by a minor. See Tex. Penal Code
§ 46.13.
As a result, while no civil claim exists in Texas today, it remains
extraordinarily important to exercise care in the storage of
your firearms.
B. Intentional discharge: a person intended to shoot
1. Negligence/gross negligence
Just because you intend to shoot someone, or otherwise “use”
your gun, does not necessarily mean that the plaintiff will not
assert negligence or gross negligence claims. In other words, you
may have fully intended to pull the trigger, but the plaintiff may
claim you were negligent for any number of reasons; for example,
you mistook the mailman for a burglar, or you were negligent in
shooting at a criminal. The negligence and gross negligence claims,
as defined above, can be brought even if you intended to pull
the trigger.
2. Assault and battery
If a person has shot at or shot someone, if they are sued, it may
include a claim for assault and battery. This is an intentional act,
not an accident or a claim based on a deviation from a standard of
care. An assault occurs if a person:
1) intentionally, knowingly, or recklessly causes bodily injury to
another, including the person’s spouse;
2) intentionally or knowingly threatens another with imminent
bodily injury, including the person’s spouse; or
3) intentionally or knowingly causes physical contact with another
when the person knows or should reasonably believe that the
other will regard the contact as offensive or provocative.
400 | CHAPTER SIXTEEN
