SB 0922 Prohibits the possession of a firearm where a child is capable of gaining access to it
LR Number:3938S.01I Fiscal Note:3938-01
Committee:Civil and Criminal Jurisprudence
Last Action:02/13/02 - Hearing Conducted S Civil & Criminal Jurisprudence Journal page:
Effective Date:August 28, 2002
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Current Bill Summary

SB 922 - This act prohibits the possession of a firearm where a child is capable of gaining access to it. This act will be known as the "Children's Firearm Access Prevention Act". A new Section 210.005 is created to prohibit any person from keeping a loaded firearm or unloaded firearm with ammunition on his or her premises if:

- That person knows a child is capable of gaining access to the firearm without permission; and

- That person fails to take steps to prevent such access.

This act does not apply if:

- A secure gun storage or safety device is used;

- The person is a peace officer or member of the military and the child gains access during the performance of that person's duties;

- The child does so in an act of self defense or defense of another;

- The person has no reason to expect a child will be present on the premises;

- The child obtains the firearm as the result of unlawful entry;

- The child was hunting, sporting, or doing an otherwise lawful activity with a person over eighteen; or

- The child gained the firearm while engaged in an agricultural enterprise.

Violators of this section will be subject to criminal penalties not to exceed $500 per violation.