The Making a Firearm Accessible to a Child crime in the state of Texas gives police the right to arrest you if they believe you failed to properly secure your firearm or left it somewhere you should have know a child could be able to reach it, a child accessed it and it was readily dischargeable. Learn more detailed information about the Making a Firearm Accessible to a Child offense below.

Making a Firearm Accessible to a Child is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.”

What is the current Texas law about Making a Firearm Accessible to a Child?

The current Texas law defines the offense of Making a Firearm Accessible to a Child in Penal Code Section §46.13 as follows:^[1]

(b) A person commits an offense if a child 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.

How can I be charged with Making a Firearm Accessible to a Child?

You can be charged with Making a Firearm Accessible to a Child if the state’s attorneys believe that each of the elements of 46.13(b) as described in the section above have been met.

What is the punishment for Making a Firearm Accessible to a Child?

A conviction for Making a Firearm Accessible to a Child is punished by default as a Class C misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $500.

If a child discharged the firearm and caused serious bodily injury or death to himself or another person, then a conviction for Making a Firearm Accessible to a Child is punished as a Class A misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §46.13^2. Texas Penal Code §46.13(d)^3. Texas Penal Code §46.13(e)