gun storage offense now covers anyone under 21

The text as introduced · 582 words

By: Gutierrez
S.B. No. 1712

A BILL TO BE ENTITLED

AN ACT

relating to gun storage; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.13, Penal Code, is amended by to read

as follows:

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A [ CHILD ] YOUNG

ADULT . (a) In this section:

(1) "[ Child ] Young adult " means a person younger than

[ 17 ] 21 years of age.

(2) "Readily dischargeable firearm" means a firearm

that is loaded with ammunition, whether or not a round is in the

chamber.

(3) "Secure" means to take steps that a reasonable

person would take to prevent the access to a readily dischargeable

firearm by a [ child ] young adult , 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.

(b) A person commits an offense if a [ child ] young adult

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 ] young adult would gain access.

(c) It is an affirmative defense to prosecution under this

section that the [ child's ] young adult's access to the firearm:

(1) was supervised by a person older than [ 18 ] 21 years

of age and was for hunting, sporting, or other lawful purposes;

(2) consisted of lawful defense by the [ child ] young

adult of people or property;

(3) was gained by entering property in violation of

this code; or

(4) occurred during a time when the actor was engaged

in an agricultural enterprise.

(d) Except as provided by Subsection (e), an offense under

this section is a Class C misdemeanor.

(e) An offense under this section is a Class A misdemeanor

if the [ child ] young adult discharges the firearm and causes death

or serious bodily injury to himself or another person.

(f) A peace officer or other person may not arrest the actor

before the seventh day after the date on which the offense is

committed if:

(1) the actor is a member of the family, as defined by

Section 71.003, Family Code, of the [ child ] young adult who

discharged the firearm; and

(2) the [ child ] young adult in discharging the firearm

caused the death of or serious injury to the [ child ]young adult.

(g) A dealer of firearms shall post in a conspicuous

position on the premises where the dealer conducts business a sign

that contains the following warning in block letters not less than

one inch in height:

"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED

FIREARM IN A PLACE WHERE [ CHILDREN ] YOUNG ADULTS ARE LIKELY TO BE

AND CAN OBTAIN ACCESS TO THE FIREARM."

SECTION 2. Section 46.13, Penal Code, as amended by this

Act, applies only to an offense committed on or after the effective

date of this Act. An offense committed before the effective date of

this Act is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was

committedbefore the effective date of this Act if any element of the

offense occurred before that date.