Texas-Book-Gun Law Armed And Educated - Flipbook - Page 94
chamber.” The statute also defines “secure” as meaning 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.” See Tex.
Penal Code § 46.13(a)(3).
However, if a minor commits a crime to gain access to a firearm, the
firearm’s owner is not guilty of a crime. It is an affirmative defense
to prosecution when a child gains access to a firearm “by entering
property in violation of this code.” See Tex. Penal Code § 46.13(c)
(3). This means that if a child illegally breaks into a person’s home
or vehicle and then takes possession of a weapon illegally, the gun
owner has not committed a crime.
G. When may children legally possess firearms?
Texas law allows for the legal possession of firearms under specific
exceptions included in the law. These exceptions or “affirmative
defenses” include the following:
1. Exception for hunting or sporting purposes
The first affirmative defense is that the child’s access to the firearm
“was supervised by a person older than 18 years of age and was for
hunting, sporting, or other lawful purposes.” See Tex. Penal Code
§ 46.13(c)(1). An adult is legally permitted to take a child hunting
or to the shooting range and permit the child to have access to a
firearm, so long as that adult supervises the child.
2. Self-defense
Second, if the child’s access to the firearm “consisted of lawful
defense by the child of people or property.” See Tex. Penal Code
Purchasing, Transferring, And Possessing Firearms | 83
