In Texas, a criminal charge of making a firearm accessible to a child carries the potential for lasting harm to a person’s reputation, employment, and standing in the community, even before the case reaches court. Prosecutors may move quickly to frame the situation as one of criminal negligence, and the facts are often interpreted in the most damaging way possible. These cases demand careful attention to the statute’s specific definitions—what qualifies as a “child,” what makes a firearm “readily dischargeable,” and what it means to “secure” a weapon, because the smallest detail can determine whether the law was actually violated.
Texas Making a Firearm Accessible to a Child Lawyer
The Law Office of Kevin Bennett believes the best defense starts early and focuses on the specific facts of the case. In the sections that follow, the firm explains this charge in detail, what the law means, the possible penalties, common defenses, the main steps in these cases, and how our Austin gun charge lawyers work to defend clients accused of making a firearm accessible to a child.
Kevin Bennett always seeks to have honest and open communication with his clients. He knows this can be a difficult time that is made easier by knowing and understanding what is happening. Kevin Bennett personally handles every aspect of your case.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation. Kevin Bennett represents people throughout Travis County, including Austin, West Lake Hills, Sunset Valley and Lago Vista.
Overview of Making a Firearm Accessible to a Child Charges in Texas
- What Is the Texas Law on Making a Firearm Accessible to a Child
- What a Jury Looks for in a Texas Firearm Access to a Child Case
- Defenses to Making a Firearm Accessible to a Child Charges in Texas
- Role of an Austin Making a Firearm Accessible to a Child Attorney
- Frequently Asked Questions About Making a Firearm Accessible to a Child in Texas
- Resources
What Is the Texas Law on Making a Firearm Accessible to a Child
Texas Penal Code Section 46.13 – Making a firearm accessible to a child occurs when a child obtains access to a readily dischargeable firearm because an adult acted with criminal negligence. Under Texas Penal Code Section 46.13, “criminal negligence” means a failure to perceive a substantial and unjustifiable risk that the result will occur, and that failure constitutes a gross deviation from the standard of care that an ordinary person would exercise under the same circumstances. The statute applies regardless of whether the firearm is stored in a home, vehicle, or any other place under the individual’s control.
Readily Dischargeable Firearm – A firearm is “readily dischargeable” if it is loaded with ammunition, whether or not a round is chambered. This element means the statute applies only when the gun can be fired without first loading it. If the firearm is unloaded at the time of access, the elements of Section 46.13 may not be satisfied, though other firearm or child endangerment laws could still be relevant.
Failure to Secure the Firearm – The offense can arise if the person did not take reasonable steps to secure the firearm against access by a child. “Secure” generally means placing the firearm in a locked container, using a locking device, or otherwise storing it in a way that a reasonable person would believe prevents access. Leaving a loaded gun in an unlocked drawer, on a table, or in an area where a child could easily reach it can meet this definition of failing to secure the weapon.
Penalties for Making a Firearm Accessible to a Child – When a child gains access to a readily dischargeable firearm due to criminal negligence, the offense is a Class C misdemeanor, punishable by a fine of up to $500. If the child discharges the firearm and causes death or serious bodily injury to themselves or another person, the offense becomes a Class A misdemeanor. A Class A misdemeanor carries a potential sentence of up to one year in county jail, a fine of up to $4,000, or both.
What a Jury Looks for in a Texas Firearm Access to a Child Case
Criminal Negligence – Jurors must determine whether the accused’s conduct meets the definition of “criminal negligence” under Texas Penal Code Section 6.03(d). This standard requires proof that the person failed to perceive a substantial and unjustifiable risk that a child would gain access to the firearm, and that the failure represented a gross deviation from how an ordinary, prudent person would act under similar circumstances. The decision often turns on what safety measures were in place and whether a reasonable person would have anticipated the risk.
Readily Dischargeable Firearm – The State must prove the firearm was loaded at the time the child accessed it, making it “readily dischargeable” as defined in Texas Penal Code Section 46.13(c). The presence of ammunition in the weapon, regardless of whether a round was chambered, satisfies this element. If the gun was unloaded or missing key components necessary to fire, jurors may find that this element was not met.
Failure to Secure – Jurors evaluate whether reasonable steps were taken to keep the firearm from a child’s reach. Texas Penal Code Section 46.13(c)(3) describes “secure” as measures such as placing the gun in a locked container, using a locking device, or storing it in a manner a reasonable person would believe prevents access. The jury will weigh whether the firearm was left in a location or condition where a child could easily obtain it without significant difficulty.
Knowledge or Foreseeability – The prosecution must show that the accused knew or should have known that the child could gain access to the firearm. This requirement focuses on foreseeability—whether a reasonable adult in the same situation would have realized that the firearm was accessible to someone under the statutory age. Jurors consider facts such as the child’s familiarity with the location of the firearm, past behavior, and the ease of entry to the storage area.
Defenses to Making a Firearm Accessible to a Child Charges in Texas
Supervised Hunting or Sporting Activities – Texas Penal Code Section 46.13(c)(1) provides an explicit defense when the child’s access to the firearm occurred while engaged in lawful hunting, sporting, or other lawful recreational shooting activities, as long as the child was supervised by someone who is at least 18 years old. In such cases, jurors may be instructed that the law recognizes supervised sporting or training purposes as legitimate reasons for a minor to handle a firearm.
Use of the Firearm for Lawful Self-Defense – Under Texas Penal Code Section 46.13(c)(2), it is a defense if the child accessed the firearm to defend themselves or others from an intruder or an immediate threat. This defense applies when the firearm was used in circumstances that meet Texas’s legal standards for self-defense or defense of another under Penal Code Chapter 9. The facts must show that the child’s use was necessary and lawful in light of the situation.
Agricultural Enterprise Exception – Section 46.13(c)(3) recognizes a defense when the child obtained the firearm while taking part in activities related to an agricultural enterprise such as ranching or farming. The defense applies if the child’s possession was part of their duties in that enterprise and consistent with lawful use of a firearm in that context. This provision is intended to account for rural and agricultural settings where minors may legitimately use firearms as part of their work.
Firearm Was Not Readily Dischargeable – Because Section 46.13 requires the firearm to be “readily dischargeable,” meaning loaded with ammunition, a valid defense can be raised if the gun was unloaded at the time the child accessed it. If there was no ammunition in the firearm and it could not be fired without further action, the statutory element would not be satisfied. Proof may include testimony, photographs, or forensic evidence showing the weapon’s condition.
Absence of Criminal Negligence – A core element of Section 46.13 is proof of criminal negligence, defined in Texas Penal Code Section 6.03(d). A defense can focus on showing that the accused took reasonable measures to secure the firearm and that a reasonable person in the same circumstances would not have foreseen the child gaining access. Evidence of using a locked gun safe, trigger lock, or other security measures may be persuasive in rebutting the State’s claim of negligence.
Role of an Austin Making a Firearm Accessible to a Child Attorney
Analyzing the State’s Evidence – The firearm crime attorney will examine police reports, witness statements, and any physical evidence to identify weaknesses in the State’s proof, focusing on whether the firearm was “readily dischargeable” and whether criminal negligence can truly be established.
Developing Statutory Defenses – When facts suggest supervised lawful activity, lawful self-defense, agricultural enterprise use, or the firearm being unloaded, the attorney will gather documentation, testimony, or expert opinions to support these recognized defenses under Texas Penal Code Section 46.13.
Challenging the Definition of Access – The defense will scrutinize how prosecutors claim the child gained access, questioning whether it was foreseeable and whether the firearm was genuinely unsecured under the statutory standard.
Negotiating With Prosecutors – The lawyer will use identified weaknesses to negotiate dismissals or reductions, aiming to avoid convictions that could harm the client’s record, reputation, and employment.
Preparing for Trial When Necessary – If the case proceeds to trial, the attorney will present a fact-focused defense, cross-examine prosecution witnesses, and offer persuasive arguments to show the jury why the legal standard for guilt has not been met.
Frequently Asked Questions About Making a Firearm Accessible to a Child in Texas
What is the Texas law on making a firearm accessible to a child?
Texas Penal Code Section 46.13 makes it a criminal offense, under certain circumstances, for a child to gain access to a loaded firearm due to an adult’s criminal negligence. The law defines “child” and “readily dischargeable firearm” in specific statutory terms.
What does “readily dischargeable firearm” mean in Texas law?
Under Section 46.13, a firearm is “readily dischargeable” if it is loaded with ammunition, whether or not a round is chambered. If the gun is unloaded, this specific offense may not apply, though other laws might.
What are the penalties for making a firearm accessible to a child in Texas?
A violation is a Class C misdemeanor if no one is harmed, punishable by a fine up to $500. If a child’s discharge of the firearm causes serious injury or death, it becomes a Class A misdemeanor.
Can a parent let a child use a firearm in Texas?
Texas law allows certain exceptions, including supervised hunting, sporting activities, agricultural work, or lawful self-defense. When these statutory defenses apply, the conduct may not constitute an offense under Texas Penal Code Section 46.13. Context and supervision are critical.
Does the Texas firearm access law apply to guns in cars?
Yes. Section 46.13 applies regardless of location, including vehicles. If a child gains access to a loaded firearm in a car due to criminal negligence, the statute’s elements can be met and charges may result.
What is considered securing a firearm under Texas law?
Section 46.13 defines “secure” as taking reasonable steps, such as using a locked container or a locking device, to prevent access. The determination is fact-specific and based on what a reasonable person would believe prevents access.
Is making a firearm accessible to a child a felony in Texas?
No. Section 46.13 creates misdemeanor offenses only—Class C or Class A, depending on the outcome. However, other laws, such as child endangerment statutes, may apply in severe situations, which could lead to felony charges.
What defenses exist to a Texas firearm access to child charge?
Possible defenses under Section 46.13 include supervised lawful activity, agricultural enterprise use, lawful self-defense, the gun not being loaded, or the absence of criminal negligence. The defense depends on evidence proving one of these statutory exceptions or negating an element.
Can law enforcement arrest someone immediately for firearm access to a child?
Yes. If officers have probable cause to believe the elements of Section 46.13 are met, they can arrest without a warrant. The decision is fact-dependent and may consider location, firearm condition, and the child’s access.
Resources
Texas Penal Code — Chapter 46: Weapons — This section of the Texas Penal Code defines various types of weapons and outlines laws on possession, carrying, and prohibited places. It includes definitions of firearms, handguns, and related terms, as well as offenses for unlawful carrying and possession. It also sets penalties and exceptions. This is the primary statutory reference for firearm-related crimes, including provisions that relate to making a firearm accessible to a child.
Texas State Law Library — Storage & Safety — This page from the Texas State Law Library provides legal information on firearm storage laws in Texas. It links to Section 46.13 of the Penal Code on making a firearm accessible to a child and Section 42.0042 of the Human Resources Code for foster homes. It also includes links to safety resources, safe storage programs, and related legal references for those seeking to understand storage obligations.
BillTrack50 — TX HB3436 — This page tracks Texas House Bill 3436 from the 89th Legislature. The bill changes the legal definition of “child” for the offense of making a firearm accessible to a child from under 17 to under 18 years of age. It includes the bill summary, legislative history, sponsors, actions, and the official bill text.
Texas State Law Library — Types of Guns — This page from the Texas State Law Library explains Texas and federal definitions of firearms and the legal requirements for different types of guns, including handguns, long guns, NFA firearms, antique firearms, and homemade guns.
Find a Qualified Lawyer For Making a Firearm Accessible to a Child in Texas
Kevin Bennett is an experienced defense attorney who has experience representing individuals who have been charged with crimes involving weapons, and making a firearm accessible to a child in Austin, Lago Vista, Travis County, Lakeway, Pflugerville, and the surrounding areas. In order to put yourself in the best position to achieve the outcome you desire, contact The Law Office of Kevin Bennett today, so that Bennett can serve you.
Call Kevin Bennett today at (512) 476-4626 to schedule a consultation about the details surrounding your alleged crime. Your first consultation is free, and it is the first step in fighting to maintain your freedom and a clean criminal background.
