Making a Firearm Accessible to a Child

Chapter 46 of the Texas Penal Code defines charges and punishments for weapon related offenses.

“Making a Firearm Accessible to a Child”, is defined by § 46.13 of the Texas Penal Code.

A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:

failed to secure the firearm; or
left the firearm in a place to which the person knew or should have known the child would gain access.

An offense under this section is a Class C misdemeanor, unless that it is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

Punishment Range

Misdemeanor C

Fine not to exceed $500

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

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