Tuesday, November 17, 2009

Answer to Questions Regarding CHL Laws

Hi again from your Instructor.

This is a continuation of answers to "Questions" but I'm going to combine  all the questions into one answer. O.K.?

The State of Texas Penal Code- PC chapter 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD.
In this section:
  • "Child" means a person younger than 17 years of age.
  • "Readily dischargeable firearm" means a firearm that is loaded with ammunition whether or not a round is in the chamber.
  • "Secure" means to take the 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.

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.

" 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" ( this is exactly as printed in the Penal Code)

It is a Class C Misdemeanor "unless the child discharges the child discharges the firearm and causes death or serious bodily injury to another person or himself."  or " the child, in discharging the firearm caused the death of or serious injury to the child" (shot themselves)

Then it's a Class A Misdemeanor. This also includes now unauthorized adults.

How many of us know someone who has told us. "My guns are put up and my kids know better than to go poking around in my closet" or where ever?  or It's always in my room/closet and they never go in their. They know better or they know the rules. Yeah until they do. Lock it up it is not an option it is the law. It is your responsibility.  None of us are immune to a curious child or lapse of attention. None.

I have a six year old granddaughter who has said when I walk in the house from training and head for my safe " I know where you're going Paw Paw." and one time when I was wearing it and trying to fix a quick supper after a training session she told me "Paw Paw. You need to take that off and put it away cause I'm here." to which I replied. "you're right Ca***" and I did right then. It was in a police level 3 duty holster totally secure but there are NO exceptions when she's around.. EVER.

A child will climb the Empire State Building looking for Christmas presents so think. How many times have we seen in and on the news a report of a child who got a firearm out of Grandmas nightstand drawer and shot themselves or another child? A police officer in Houston was murdered by a prisoner who was both an illegal alien and a multiple felon who got hold of his Security Guard wife's firearm she had put on top of the ice box. An unauthorized prson gaining access to a weapon negligently left un secured by a professional not just a person. The cop's just as dead isn't he?

Please don't feed me that crap that "they know better than to....." that's just what it is .   CRAP !
Locks are cheap. How much is a childs life or adults life worth?

Look....if it's a revolver open the cylinder and put a padlock through the frame and hang onto the key .
If it's a semi auto ..Lock the slide back, drop the magazine out, and stick a wooden dowel in the gun through the chamber and magazine well and release the slide. or if room behind the trigger lock the padlock behind the trigger.
Rifles take out the bolts, mags, or disassemble the entire weapon. Ditto shotguns.

It's the holiday season. Historically a time when tragedies occur related to unauthorized access to firearms by a child or a suicidal adult.
Olease don't let this happen in your home or to your family.   STAY ALERT & THEY'LL STAY ...ALIVE.

Your Instructor...       Eddie

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