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.