Penal Code §46.13(c): Making a Firearm Accessible to a Child
According to Penal Code §46.13, a person has an affirmative defense to prosecution if a child’s access to the firearm:
- Was supervised by a person older than 18 years of age and the child was using it for hunting, sporting, or another lawful purpose or…
- Consisted of the child using the firearm to lawfully defend people or property or…
- Was gained by the child illegally entering the property or…
- Occurred while the person who committed the offense was engaged in an agricultural enterprise.