SB1712 - Relating to gun storage; creating an offense.

      By: Gutierrez S.B. No. 1712               A BILL TO BE ENTITLED   AN ACT   relating to gun storage; creating an offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.13, Penal Code, is amended by to read   as follows:          Sec. 46.13.  MAKING A FIREARM ACCESSIBLE TO A [ CHILD ] YOUNG   ADULT . (a) In this section:                (1)  "[ Child ] Young adult " means a person younger than   [ 17 ] 21 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 ] young adult , 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 ] young adult   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 ] young adult would gain access.          (c)  It is an affirmative defense to prosecution under this   section that the [ child's ] young adult's access to the firearm:                (1)  was supervised by a person older than [ 18 ] 21 years   of age and was for hunting, sporting, or other lawful purposes;                (2)  consisted of lawful defense by the [ child ] young   adult of people or property;                (3)  was gained by entering property in violation of   this code; or                (4)  occurred during a time when the actor was engaged   in an agricultural enterprise.          (d)  Except as provided by Subsection (e), an offense under   this section is a Class C misdemeanor.          (e)  An offense under this section is a Class A misdemeanor   if the [ child ] young adult discharges the firearm and causes death   or serious bodily injury to himself or another person.          (f)  A peace officer or other person may not arrest the actor   before the seventh day after the date on which the offense is   committed if:                (1)  the actor is a member of the family, as defined by   Section 71.003, Family Code, of the [ child ] young adult who   discharged the firearm; and                (2)  the [ child ] young adult in discharging the firearm   caused the death of or serious injury to the [ child ]young adult.          (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 ] YOUNG ADULTS ARE LIKELY TO BE   AND CAN OBTAIN ACCESS TO THE FIREARM."          SECTION 2.  Section 46.13, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act. An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was   committedbefore the effective date of this Act if any element of the   offense occurred before that date.