Making a Firearm Accessible to a Child
Although Texas permits the possession of a firearm under certain circumstances, the state law is very clear when it comes to making a firearm accessible to a child. It is a serious crime that undoubtedly will result in arrest, imprisonment, and steep fines. Making a Firearm Accessible to a Child is classified in the Texas Penal Code 46.13 and it is categorized as a class C misdemeanor.
Immediately after an arrest for a firearm crime, the best option for the person charged is to retain a lawyer to represent them in court. Attorney Brian Benken at The Benken Law Firm has extensive experience in criminal law. He can help you throughout the entire process and make sure your case goes as smoothly as possible.
Texas Making a Firearm Accessible to a Child Attorney
If you’re facing criminal charges for making a firearm accessible to a child in Texas, you’ll need experienced legal counsel. Brian Benken at The Benken Law Firm is a practiced defense attorney with a history of securing favorable results for his clients. He can ensure the court hears your side of the story and work hard to reduce, if not dismiss your firearm charges.
Do what is best for your future. Contact Brian Benken at (713) 223 – 4051 to schedule your first consultation which is free of charge. The Benken Law Firm accepts clients throughout all communities in Harris County and surrounding counties in Texas. Some of these communities include Westchase, Houston Heights, Pasadena, and Alief.
Information Center
- Making a Firearm Accessible to a Child in Texas
- Defenses for Making a Firearm Accessible to a Child in TX
- Additional Resources
Making a Firearm Accessible to a Child in Texas
According to Texas Penal Code 46.13, an individual can be charged with making a firearm accessible to a child if the 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.
Texas law defines a “child” as a person younger than 17 years of age. “Readily dischargeable firearm” refers to a firearm that is loaded with ammunition, whether or not a round is in the chamber.
While making a firearm accessible to a child is classified as a class C misdemeanor, it is important to understand that Texas law imposes aggravated consequences under specific circumstances. If the child discharges the firearm and causes death or serious bodily injury to himself or another person, the charge is escalated to a class A misdemeanor.
Class A misdemeanors are punishable by up to 1 year in jail and up to $4,000 in fines while Class C misdemeanors carry a punishment of up to $500 in fines.
Defenses for Making a Firearm Accessible to a Child in TX
If you are facing accusations of making a firearm accessible to a child, a skilled defense attorney can form a strong defense for your case. Under Texas Penal Code 46.13, a person would not be in violation of the law if the child’s access to a firearm:
- Was supervised by a person older than age 18 and was for hunting, sporting, or other lawful purposes;
- Consisted of lawful defense by the child or people or property;
- Was gained by entering property in violation of this code; or
- Occurred during a time when the actor was engaged in agricultural enterprise
Additional Resources
Texas Penal Code: Making a Firearm Accessible to a Child – Visit the official website for the Texas Penal Code to read laws and rules related to making a firearm accessible to a child. Access the site to view the elements that constitute the crime, penalties, and other related offenses.
Children Academy of Child and Adolescent Psychiatry: Children and Guns – Access the official website for the American Academy of Child & Adolescent Psychiatry to view information regarding children and guns. You can learn about important actions to lessen the dangers.
Houston Making a Firearm Accessible to a Child Lawyer | Harris County, TX
If you or someone you know has been arrested or accused of making a firearm accessible to a child, act now. Contact the experienced and aggressive legal advocates at The Benken Law Firm for assistance. Harris County criminal defense lawyer The Benken Law Firm understands what it takes to defend someone whose facing firearm charges and can utilize his skills for you.
Call The Benken Law Firm today to set up your first consultation with weapons crimes defense Brian Benken at (713) 223 – 4051. The Benken Law Firm has offices in Houston but accepts clients in other communities including West University Place, The Heights, Bellaire, and Downtown Houston, and throughout all parts of Texas.
