HighVelocity wrote:seamusTX wrote:The penal code (PC §46.13) makes gaining a weapon by theft an exception to prosecution.
One could be held civilly liable and wouldn't have a strong defense, IMHO.
- Jim
Ok, let's change it up a bit. You're unlocked car containing your unsecured handgun is parked on the curb in front of your house. A neighbor's 6yr old and friends are playing in the street. 6yr old ends up inside your car, finds gun, shoots self or friend.
What does the penal code say about that?
It's the tresspassing that makes the defense, not the theft.
Here are the defenses in their entirety (emphasis mine):
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child 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 (c), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child 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 who discharged the firearm; and
(2) the child discharging the firearm caused the death of or serious injury to the child.
(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."