Texas-Book-Gun Law Armed And Educated - Flipbook - Page 93
Texas law does specify that persons under 17 must be supervised
or that certain other conditions must be met in order for a juvenile
to possess a firearm.
E. Can I buy a firearm if I have a note from my parents?
If a person finds themselves charged with selling a firearm to a
minor, Texas law does provide an affirmative defense to prosecution
under state law if the sale or transfer of the firearm was made “to
a minor whose parent or the person having legal custody of the
minor had given written permission for the sale or, if the transfer
was other than a sale, the parent or person having legal custody
had given effective consent.” See Tex. Penal Code § 46.06(c). This
is the law whether the sale is for a handgun or a long gun. For
the federal law regarding juveniles and handguns see 18 U.S.C.
§ 922(x). Note, however, that this state-law exception does not
apply to FFL transactions, and an individual must be 21 years old
to purchase a handgun from an FFL.
F. Criminal liability for allowing a minor access to firearms
In Texas, under Texas Penal Code Section 46.13, a person may be
guilty of a crime if a child (younger than 17) gains access to a readily
dischargeable firearm and the person with “criminal negligence: (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.”
If the child discharges the firearm and causes death or serious bodily
injury to himself or another person, it is a Class A misdemeanor.
Otherwise, it is a Class C misdemeanor.
The law defines “readily dischargeable firearm” as a “firearm
that is loaded with ammunition, whether or not a round is in the
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