Penal Code §46.13(a)–(b): Making a Firearm Accessible to a Child

According to Texas Penal Code §46.13, a person commits an offense if a child gains access to a readily dischargeable firearm because the person with criminal negligence:

Failed to secure the firearm or…
Left the firearm in a place where the person knew or should have known the child would have access to the firearm.

Glossary

child: A person younger than 17 years of age
criminal negligence: A failure to be aware of a substantial and unjustifiable risk caused by circumstances surrounding the person’s conduct or the result of his or her conduct; the risk must be of such a nature or degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint
readily dischargeable firearm: A firearm that is loaded with ammunition, whether or not a round is in the chamber
secure: 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