TexasCHLforum.com

Not what you're thinking. There are too many of those threads already.

We read occasional stories about someone leaving a handgun in a public restroom. Citizens and cops alike.
Suppose someone did that in Texas. Could they be charged with violating 46.13? Should they be charged?
I say a public restroom is "a place to which the person knew or should have known the child would gain access."

What say you all?

I'd be really surprised if the gun was still there when you returned, wouldn't you?

juggernaut wrote:Not what you're thinking. There are too many of those threads already.

We read occasional stories about someone leaving a handgun in a public restroom. Citizens and cops alike.
Suppose someone did that in Texas. Could they be charged with violating 46.13? Should they be charged?
I say a public restroom is "a place to which the person knew or should have known the child would gain access."

What say you all?

It's possible they could be charged. Probably only, if a child did discover it.

Oldgringo wrote:I'd be really surprised if the gun was still there when you returned, wouldn't you?

Yep!

WildBill wrote:

juggernaut wrote:Not what you're thinking. There are too many of those threads already.

We read occasional stories about someone leaving a handgun in a public restroom. Citizens and cops alike.
Suppose someone did that in Texas. Could they be charged with violating 46.13? Should they be charged?
I say a public restroom is "a place to which the person knew or should have known the child would gain access."

What say you all?

It's possible they could be charged. Probably only, if a child did discover it.

Right-on, Bill:

46.13(b) wrote:(b) A person commits an offense if a child 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 would gain access.

I agree...could be charged with something. Or...lose a valuable piece of equipment...

On a sidebar, IMO, anyone of sound mind and body and not spaced out should NOT forget a handgun in any place. On the other hand, if the person has ADD, they also probably occasionally forget where they put their keys, wallet, purse, or other stuff.

Could be charged under 46.035(a) - failure to conceal.

Running Arrow Bill wrote:On a sidebar, IMO, anyone of sound mind and body and not spaced out should NOT forget a handgun in any place. On the other hand, if the person has ADD, they also probably occasionally forget where they put their keys, wallet, purse, or other stuff.

Dnag, I must have ADD bad!!
(thankfully I haven't forgotten a firearm yet)

edit: and dyslexia too!

To me, knowing the location of my gun is like knowing the location of my child. I did, however, leave my magazine on a Redbox once when I was using it to hold up the sunscreen. I only got about a mile down the road and it was there when I returned.

You can be charged with the Lindbergh baby kidnapping if the DA has it out for you. Even if the charge is thrown out, it will cost you a lot of time and money, and it won't cost the DA more than a signature.

Violating PC 46.013 is a class C misdemeanor unless someone is killed. Then it's a class A.

The possibility of a civil suit is much worse, if someone found the weapon and shot himself or someone else, and they could trace it to you. This is particularly true of kids, who unfortunately seem to shoot themselves with found guns often.

Someone with an actual law degree that they didn't get out of a cracker-jack box can correct me if I'm wrong, but I think such a suit would be difficult to defend against and not probably not covered by insurance.

-Jim

seamusTX wrote:You can be charged with the Lindbergh baby kidnapping if the DA has it out for you. Even if the charge is thrown out, it will cost you a lot of time and money, and it won't cost the DA more than a signature.

Violating PC 46.013 is a class C misdemeanor unless someone is killed. Then it's a class A.

The possibility of a civil suit is much worse, if someone found the weapon and shot himself or someone else, and they could trace it to you. This is particularly true of kids, who unfortunately seem to shoot themselves with found guns often.

Someone with an actual law degree that they didn't get out of a cracker-jack box can correct me if I'm wrong, but I think such a suit would be difficult to defend against and not probably not covered by insurance.

-Jim

A classic seamusTX post!

We're not the same without you.

...you could say the same about Ted Nugent...or leprosy...

From the title I figured this post was about dropping your pants to use the restroom and someone seeing your gun under the stall.