It is inconsistent. When the "safe storage," or if you prefer "lock up your safety" statue was being debated and amended, the issue of whether it would apply only to loaded guns or all guns was a hot topic. At one point, there was even discussion whether an automatic with a loaded mag. inserted, but no round in the barrel, was "loaded."Lindy wrote:Am I missing some section of the penal code which criminalizes allowing children access to unloaded firearms, or is this an inconsistency in the law?
Obviously, the final version applies only to loaded guns. Texas is a code State for penal statutes and each and every element of the criminal statute must be present to get a conviction. With some statutes this is unclear, but since a "readily dischargeable firearm" is specifically defined, it is unambiguous and an unloaded firearm won't meet the code requirements for conviction under that statute. I know of no caselaw to the contrary.
Chas.