Access By Children

[Lindy]

I'm sure most of us are familiar with this section of the law:

PC §46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
(a) In this section:
(1) "Child" means a person younger than 17 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, 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 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 would gain access.

In addition, section 46.13(g) says:

(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 ARE
LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."

Now, here's my question. The section above requires posting of the sign, but as far as I can see, the sign is incorrect, in that, aside from 46.13(a), which provides a penalty, as noted, for allowing a child access to a loaded firearm, there is in fact no requirement to secure unloaded firearms.

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?

[LarryArnold]

Picky, picky, picky.

Letting a child have access to an unloaded firearm is not against Texas criminal law. But you're way out on a limb as far as civil law is concerned.

[dolanp]

Well it may be something of a paradox because no harm can be done with an unloaded firearm that no other piece of metal/plastic could do. However, if they know enough to find bullets and load the gun, how would that play out? I think you would be convicted of that statute probably.

[Charles L. Cotton]

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?

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."

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.

[Lindy]

Thanks for discussion, my friends. I was mostly just curious about this, as it's largely academic for me, since both of our children are beyond the age where the law matters.

I have a policy of not trying to get those kinds of inconsistencies corrected, under the belief that it's dangerous to get the legislature involved in anything except when really necessary because it might unintentionally lead to more restrictions, and this one fits firmly into that category. But I do appreciate the clarification.