Question About Guns Accessible To Children

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RossA
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Question About Guns Accessible To Children

Postby RossA » Thu Mar 16, 2017 1:34 pm

Texas Penal Code Section 46.13(c) says that it is a defense to prosecution for allowing a child access to a firearm if the access

"occurred during a time when the actor was engaged in an agricultural enterprise."

I'm confused about that. Does that mean that if I am out farming and my underage child gets access to my gun in the house while I'm not there, I have a defense to that?
Seems strange to me.
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Re: Question About Guns Accessible To Children

Postby Jusme » Thu Mar 16, 2017 1:55 pm

RossA wrote:Texas Penal Code Section 46.13(c) says that it is a defense to prosecution for allowing a child access to a firearm if the access

"occurred during a time when the actor was engaged in an agricultural enterprise."

I'm confused about that. Does that mean that if I am out farming and my underage child gets access to my gun in the house while I'm not there, I have a defense to that?
Seems strange to me.


I think it has to do with people in farming and ranching, and maybe a child using a gun to dispatch predators, coyotes etc.. There used to be a lot of legal exceptions in Texas law that pertained to "Agricultural Enterprise" that provided exceptions to laws, that were enforced on others. Trailers used for the transportation of livestock, for example, were not required to be registered. IANAL, but that's my best guess.
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Re: Question About Guns Accessible To Children

Postby JustSomeOldGuy » Thu Mar 16, 2017 1:58 pm

RossA wrote:Texas Penal Code Section 46.13(c) says that it is a defense to prosecution for allowing a child access to a firearm if the access

"occurred during a time when the actor was engaged in an agricultural enterprise."

I'm confused about that. Does that mean that if I am out farming and my underage child gets access to my gun in the house while I'm not there, I have a defense to that?


In the situation you describe, you'd still probably be culpable under (b)1 and/or (b)2
My GUESS would be that (c)4 assumes, as (c)1 states, that the child is WITH you. I.E., you're using a hoe to clean out a partly flooded bar ditch and you've got your 10 year old on the bank with a .410 to take care of any water moccasins that try to sneak up on you.....
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Re: Question About Guns Accessible To Children

Postby RossA » Thu Mar 16, 2017 2:02 pm

I can see where that could be part of it, but it would almost seem like "snake hunting" would be a sporting purpose that is covered under a separate section of that law. That's what has me confused.
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Re: Question About Guns Accessible To Children

Postby Lambda Force » Thu Mar 16, 2017 10:06 pm

They probably needed to include that to get it passed.
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Re: Question About Guns Accessible To Children

Postby Middle Age Russ » Thu Mar 16, 2017 10:20 pm

I am thinking it may pertain to the gun on the tractor while the kid (probably a teenager) is out plowing all day.
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Re: Question About Guns Accessible To Children

Postby troglodyte » Fri Mar 17, 2017 6:53 am

Middle Age Russ wrote:I am thinking it may pertain to the gun on the tractor while the kid (probably a teenager) is out plowing all day.


Yep. It used to be very common for the kids to ride the tractor all day and have a firearm accessible to dispatch snakes, skunks, coyotes, cats, rats, etc. or to bring home a couple of quail or pheasant they jumped in the field.

Not so much now as most kids don't ride the tractors and shooting through the cab glass gets expensive.

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Re: Question About Guns Accessible To Children

Postby joe817 » Fri Mar 17, 2017 10:23 am

troglodyte wrote:
Middle Age Russ wrote:I am thinking it may pertain to the gun on the tractor while the kid (probably a teenager) is out plowing all day.


Yep. It used to be very common for the kids to ride the tractor all day and have a firearm accessible to dispatch snakes, skunks, coyotes, cats, rats, etc. or to bring home a couple of quail or pheasant they jumped in the field.

Not so much now as most kids don't ride the tractors and shooting through the cab glass gets expensive.


It used to take me 2 weeks to plow our two 40 acre fields used to grow feed crops for our livestock. I always took my .30 M1 carbine, a BIG water jug, a big umbrella and my transistor radio(AM only) to help pass the time of day. It didn't have glass enclosure. They were just coming into vogue back then, and pretty rare. I was 14 at the time.
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Re: Question About Guns Accessible To Children

Postby C-dub » Fri Mar 17, 2017 10:45 am

In the situation the OP is describing, I think it important to know that the child is the actor, no? So, if the father is out plowing (engaging in an agricultural enterprise), while his child is in the house, I don't think that counts.
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Re: Question About Guns Accessible To Children

Postby RossA » Fri Mar 17, 2017 1:22 pm

I don't think the child is the actor. "Actor" usually describes the person who has committed the crime. In this case it would be the adult who allowed the child access to the gun.
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