TexasCHLforum.com

I am not sure if this is where this belongs so if it needs to be moved please do so. I tried to do some searches on a minor using a handgun to protect them at home if someone is trying to break in. My main question is if this happened would the minor be prosecuted and or would I be prosecuted for allowing access to my guns? For better information purposes I am referring to an 18 year old as a minor(not old enough to purchase a pistol). Any help on this would be appreciated.

No concern.

Any person can use deadly force to protect himself from burglary or robbery in the form of home invasion. There is no requirement of age, nationality, citizenship, etc.

An 18-year-old is a legal adult and can use a handgun. He just can't buy one from a federally licensed firearms dealer.

The Texas law that you might be thinking of is Penal Code 46.13. It applies only to children younger than 17.

- Jim

From Texas Penal Code Section 46.13:

"Child" means a person younger than 17 years of age.

Also:

(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;

That information helps alot. I just wanted to make sure I wasn't giving bad information to my kid. Thank you very much for the responses.

You're welcome.

- Jim

seamusTX wrote: The Texas law that you might be thinking of is Penal Code 46.13. It applies only to children younger than 17.

And it says "readily dischargeable". Teach your kids how to load guns themselves.

I recall seeing threads here about news stories in which a minor child defends the home with a firearm. I don't recall if any of them happened in Texas or not, but it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'. In any case, I can recall none of those stories mentioning that the child who defended the home got in trouble for having used a firearm in the process.

Besides, it seems to me that the prosecutable offense, if there is one, would be that the parents left a firearm (loaded or not) within reach of a minor child, not that the child availed him/herself of a firearm in an emergency.

The Annoyed Man wrote:I recall seeing threads here about news stories in which a minor child defends the home with a firearm. I don't recall if any of them happened in Texas or not, but it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'. In any case, I can recall none of those stories mentioning that the child who defended the home got in trouble for having used a firearm in the process.

There was some discussion in this thread:
viewtopic.php?f=83&t=37016&p=439323" onclick="window.open(this.href);return false;

The Annoyed Man wrote:Besides, it seems to me that the prosecutable offense, if there is one, would be that the parents left a firearm (loaded or not) within reach of a minor child, not that the child availed him/herself of a firearm in an emergency.

There will always be a prosecutor somewhere that will use their position to further their personal political agenda.

The Annoyed Man wrote:... it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'.

The feds assured this back in the 1990s, along with gun-free school zones.

No prosecutor is going to go after a child for a self-defense case. They may have agendas, but they are not generally stupid.

- Jim

seamusTX wrote:

The Annoyed Man wrote:... it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'.

The feds assured this back in the 1990s, along with gun-free school zones.

No prosecutor is going to go after a child for a self-defense case. They may have agendas, but they are not generally stupid.

- Jim

@Jim - No the prosecutor will go after the adult who owns the firearm.

Under what statute?

- Jim

i8godzilla wrote:

seamusTX wrote:

The Annoyed Man wrote:... it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'.

The feds assured this back in the 1990s, along with gun-free school zones.

No prosecutor is going to go after a child for a self-defense case. They may have agendas, but they are not generally stupid.

- Jim

@Jim - No the prosecutor will go after the adult who owns the firearm.

That's what I was getting at.

i8godzilla wrote:

seamusTX wrote:

The Annoyed Man wrote:... it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'.

The feds assured this back in the 1990s, along with gun-free school zones.

No prosecutor is going to go after a child for a self-defense case. They may have agendas, but they are not generally stupid.

- Jim

@Jim - No the prosecutor will go after the adult who owns the firearm.

One more time, say this with me folks:
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;

The firearm must be readily dischargeable to be an offense.

§ 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
this section:
(1) "Child" means a person younger than 17 years of
age.
(2) "Readily dischargeable firearm" means a firearm
that is loaded with ammunition, whether or not a round is in the
chamber.

http://law.onecle.com/texas/penal/46.13.00.html" onclick="window.open(this.href);return false;

This puts it into a "Catch 22" situation. It's illegal to leave a readily dischargeable fire arm accessible to a child yet the child can use a firearm to protect themselves/family. Any prosecutor who goes after a child or adult in such a situation needs to be recalled.

Crossfire wrote:

i8godzilla wrote:

seamusTX wrote:

The Annoyed Man wrote:... it would seem to me that Texas' laws with respect to firearms and minor children would be similar to most other states'.

The feds assured this back in the 1990s, along with gun-free school zones.

No prosecutor is going to go after a child for a self-defense case. They may have agendas, but they are not generally stupid.

- Jim

@Jim - No the prosecutor will go after the adult who owns the firearm.

One more time, say this with me folks:
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;

Well there you go. Thank you for posting the relevant law.