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A BILL TO BE ENTITLED
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AN ACT
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relating to gun storage; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.13, Penal Code, is amended by to read |
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as follows: |
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Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A [CHILD] YOUNG |
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ADULT. (a) In this section: |
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(1) "[Child] Young adult" means a person younger than |
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[17] 21 years of age. |
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(2) "Readily dischargeable firearm" means a firearm |
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that is loaded with ammunition, whether or not a round is in the |
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chamber. |
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(3) "Secure" means to take steps that a reasonable |
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person would take to prevent the access to a readily dischargeable |
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firearm by a [child] young adult, including but not limited to |
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placing a firearm in a locked container or temporarily rendering |
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the firearm inoperable by a trigger lock or other means. |
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(b) A person commits an offense if a [child] young adult |
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gains access to a readily dischargeable firearm and the person with |
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criminal negligence: |
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(1) failed to secure the firearm; or |
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(2) left the firearm in a place to which the person |
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knew or should have known the [child] young adult would gain access. |
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(c) It is an affirmative defense to prosecution under this |
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section that the [child's] young adult's access to the firearm: |
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(1) was supervised by a person older than [18]21 years |
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of age and was for hunting, sporting, or other lawful purposes; |
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(2) consisted of lawful defense by the [child] young |
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adult of people or property; |
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(3) was gained by entering property in violation of |
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this code; or |
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(4) occurred during a time when the actor was engaged |
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in an agricultural enterprise. |
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(d) Except as provided by Subsection (e), an offense under |
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this section is a Class C misdemeanor. |
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(e) An offense under this section is a Class A misdemeanor |
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if the [child] young adult discharges the firearm and causes death |
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or serious bodily injury to himself or another person. |
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(f) A peace officer or other person may not arrest the actor |
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before the seventh day after the date on which the offense is |
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committed if: |
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(1) the actor is a member of the family, as defined by |
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Section 71.003, Family Code, of the [child] young adult who |
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discharged the firearm; and |
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(2) the [child]young adult in discharging the firearm |
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caused the death of or serious injury to the [child]young adult. |
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(g) A dealer of firearms shall post in a conspicuous |
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position on the premises where the dealer conducts business a sign |
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that contains the following warning in block letters not less than |
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one inch in height: |
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"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED |
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FIREARM IN A PLACE WHERE [CHILDREN] YOUNG ADULTS ARE LIKELY TO BE |
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AND CAN OBTAIN ACCESS TO THE FIREARM." |
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SECTION 2. Section 46.13, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was |
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committedbefore the effective date of this Act if any element of the |
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offense occurred before that date. |