Making a Firearm Accessible to a Child: Texas Penal Code §46.13

The Texas Making a Firearm Accessible to a Child law gives police the right to arrest you if they believe you failed to properly secure a readily dischargeable firearm or left it somewhere you should have known that a child would be able to reach it, and a child did access it.

The law applies only if you were criminally negligent.

The Texas legislature codified this criminal offense in Texas Penal Code Section 46.13. The law was not updated in 2023. In fact, this law has not been amended since 1999.

The Penal Code classifies the Texas Making a Firearm Accessible to a Child law under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 46 “Weapons.” Learn more about the Texas offense of Making a Firearm Accessible to a Child below.

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

Texas law currently 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 a Making a Firearm Accessible to a Child offense in Texas?

You can be charged with Making a Firearm Accessible to a Child in Texas 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 statute of limitation for Making a Firearm Accessible to a Child in Texas?

As a misdemeanor, Making a Firearm Accessible to a Child charges have a two-year limitations period.^[2]

What is the penalty for a Texas Making a Firearm Accessible to a Child offense?

A conviction for Making a Firearm Accessible to a Child is punished by default as a Class C misdemeanor,^[3] 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 in Texas is punished as a Class A misdemeanor,^[4] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

In addition, prosecutors may seek a one-classification level enhancement for Chapter 46 offenses under the Weapon-Free School Zone Law by proving beyond a reasonable doubt that you committed the offense in a place that you knew was within 300 feet of the premises of a school or at an official school function or game.^[5]

Can you get probation for Making a Firearm Accessible to a Child in Texas?

The Texas Code of Criminal Procedure does not specifically prohibit judges and juries from granting probation for Making a Firearm Accessible to a Child or judges from accepting deferred adjudication plea deals.^[6]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[7]

What level of crime is Making a Firearm Accessible to a Child in Texas?

The Penal Code classifies Making a Firearm Accessible to a Child as either a Class C or Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §46.13. This law is current as of 2024.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §46.13(d)^4. Texas Penal Code §46.13(e)^5. §46.11, Texas Penal Code^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^7. Art. 42A.054(b), Texas Code of Criminal Procedure