§ 28-47. Discharge of firearms by minors; responsibility to avoid same.

(a)

The purpose of this section is education and training to reduce the discharges of firearms by minors and the tragedies that often result from those discharges.

(b)

As used in this section the following words shall have the meanings ascribed herein:

(1)

Adult means any person who is 18 years of age or older.

(2)

Child means any person who is younger than 18 years of age.

(3)

Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosive or burning substance or any device readily convertible to that use.

(4)

Range means any public or private facility at which firearms training or practice, or both, is conducted under controlled circumstances intended to encourage the safe handling of firearms and at which procedures or facilities are in place that are intended to prevent the projectiles discharged from the firearms from causing any damage to persons or property.

(c)

It is unlawful for a child intentionally, knowingly, recklessly or with criminal negligence to discharge a firearm within the city.

(d)

It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the discharge of a firearm by a child by allowing the child to obtain unsupervised access to the firearm.

(e)

It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the physical possession of a firearm by a child by allowing the child to obtain unsupervised access to the firearm.

(f)

It is a defense to prosecution under subsections (c), (d) or (e) that:

(1)

the firearm was possessed or discharged upon a range and under the supervision of an adult, or

(2)

the child's access to firearms was obtained as a result of an unlawful entry, or

(3)

the discharge or possession of the firearm was justified as provided in chapter 9 of the Texas Penal Code, or

It is additionally a defense to prosecution under subsection (d) or (e) that the actor had taken reasonable precautions under the attendant circumstances to ensure that minors would not have the ability to obtain access to the firearm without supervision. Such precautions could include, but need not be limited to:

(1)

storage of the firearm in a place where, at the time the access was obtained, an unsupervised child would not reasonably have been expected to have been able to gain access, or

(2)

storage of the firearm in a locked safe, locked rack, locked hard case, locked soft case, locked drawer, locked cabinet or other locked container, or

(3)

installation of a lock on the firearm to prevent its normal function and discharge.

(g)

Violation of this section is a misdemeanor punishable by a fine of not less than $200.00 nor more than $500.00 per violation. To the extent that any conduct in violation of this section also constitutes a violation of state law, then the conduct shall be punishable under the applicable state law.

(h)

In keeping with the policy of education and firearm accident prevention that is one of the underlying purposes of this section, the municipal courts are urged to consider deferred dispositions under article 45.54 of the Texas Code of Criminal Procedure whenever the circumstances warrant deferred dispositions. Conditions of deferral may include the defendants' obtaining firearms safety training and participating in projects aimed at preventing the unsafe discharge of firearms by juveniles or other similar and reasonable requirements.

(Ord. No. 92-471, § 2, 4-22-92)