What Is the Current Texas Law About Making a Firearm Accessible To a Child?

In Texas, it may be a crime for an adult to allow a child to access a loaded gun. However, there are some exceptions to this rule, such as if the adult was supervising the child while they hunted or if the child used the gun for self-defense.

A conviction for making a firearm accessible to a child may be a Class A or Class C misdemeanor. That said, it may be upgraded to a higher misdemeanor or a felony under some circumstances.

Mary Beth Harrell Criminal Defense and DWI Lawyers understands how important it is to have swift and effective legal advice if you are charged with allowing a child to access a loaded gun in Texas. If these charges turn into convictions, they can seriously impact your ability to have custody of your children, get a job, or maintain your freedom. We are here to help fight for you to try to limit the effect this charge can have on your life.

What is Texas’s law about making a firearm accessible to a child?

Texas law makes it illegal for someone to have a loaded firearm in a location where a child under 17 can access it. This section of the law is called “Making a Firearm Accessible to a Child.” Texas’s Congress initially passed this law in 1995 and updated it in 1999. As time goes on, Texas’s Congress may take a second look at this law and change it to reflect new policies.

The prosecution needs to prove that the adult acted with criminal negligence. Under Texas law, criminal negligence is when someone ignores the risks of something happening — like a child having access to a gun. The prosecution must also prove that a child under 17 did gain access to the firearm.

Is making a firearm accessible to a child a felony or misdemeanor?

Having a gun in a place where a child may get it may be a Class C misdemeanor in some situations. However, if the child accessed the weapon and used it to hurt or kill someone, the adult may be charged with a Class A misdemeanor. The charge may be upgraded to a Class A misdemeanor even if the child accidentally hurt or killed someone with the gun.

The adult may face a higher misdemeanor charge or a felony if there are aggravating circumstances. For example, many gun charges are upgraded to felonies if they are committed in a declared disaster area or on school grounds.

What consequences can you face in Texas if you have a firearm where a child might get it?

You may face jail time, court fees, community service, and other consequences if you are convicted of letting a child get hold of a loaded gun. If you are charged with a Class A misdemeanor, you may have to pay a fine of up to $4,000 and go to jail for up to one year. Class C misdemeanor convictions carry a fine of up to $500.

What firearm can’t you make accessible to a child in Texas?

Texas law doesn’t allow you to have a “readily dischargeable firearm” in a location that a child can access. Based on the wording of this law, someone can be charged with this crime regardless of the type of firearm it is. However, the state has to prove that the gun had ammunition in it, even if a round wasn’t in the chamber at the time.

Additionally, a child must actually access the firearm. This means the state may not be able to charge someone with this offense if a child could have but did not handle the gun.

If the gun isn’t loaded, is it still a crime if a child accesses it?

The current “Making a Firearm Accessible to a Child” law says the gun needs to be readily dischargeable for someone to violate this specific offense. In other words, someone may not be guilty of this crime if the weapon didn’t have ammunition in it. However, the person may be guilty of a different crime if a child gets hold of the person’s unloaded guns.

What are the exceptions to Texas’s rule about having firearms in a place that is accessible to a child?

There are a couple of exceptions to Texas’s rule about children having access to a firearm with ammunition in it. For example, the adult may not be at fault if the child unlawfully breaks into the location where the loaded gun is. Additionally, if the child takes or is given a loaded gun to defend people or property, Texas law may not hold them or the adult responsible for this.

Another exception is if the adult is supervising the child as they use the firearm for lawful purposes, like hunting. If a child gets hold of a loaded gun while working in an agricultural setting, Texas law makes an exception for this as well.

How can you try to dismiss a charge of making a gun accessible to a child?

You can use several strategies to try to dismiss a charge brought because a child got one of the guns you own. One is to find evidence that an exception applies. For example, someone may prove they were hunting with their child when they were using the firearm. The person can also point out inconsistencies in the way the police investigated them, gathered evidence, or arrested them.

They can try to use these and other technical issues to persuade the judge to dismiss the criminal case. A knowledgeable lawyer can help a person develop an effective strategy to help dismiss their case or reduce the charges against them.

Contact the firearm defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers

If you’re charged with allowing a child to access your loaded firearms, it’s crucial to create a strong defense to help keep this crime off your record. If you’re convicted of this crime, it may be a misdemeanor or felony, and you may have to pay fines or spend time behind bars. However, there are exceptions and defenses that may apply to your case and can be used to dismiss or reduce the charges

Mary Beth Harrell Criminal Defense and DWI Lawyers fiercely advocates for the rights of the criminally accused in Texas. Our founding attorney, Mary Beth Harrell, was named Litigator of the Year in 2019 by the American Institute of Trial Lawyers.

Get in touch with us today by calling our office or filling out the online contact form. We look forward to scheduling a confidential consultation with you.