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Hypothetical situation – I accidently leave my gun in a public restroom. Someone finds it, turns it in to the store manager who turns it over to the police. I don’t know who found it – could have been a janitor or another customer.

As I understand it, the applicable penal code would be 46.13, and it would be a Class C misdemeanor (below). However, I’m not sure even 46.13 would apply because it requires “criminal negligence.” If it did, as a Class C, I wouldn’t lose my CHL.

Questions for the group:
• Are there other statutes that would apply in this situation?
• Would accidently leaving my gun in the restroom qualify as “criminal negligence”?
• Is my CHL at risk?

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:
…
(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
…
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
…
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

This story is on here a few times. The actual people who left their gun in a restroom, and someone else recovered it.

Everyone got it back. It was a little bit of a hassle for some more than others, but no charges filed and good endings for all.

Hahahaha wrote:Easy out. I sold that gun at a gun show. I sold it on Texas CHL forum. I sold it onTexas Gun Trader. The answers are rather limitless. I rather lose the gun than the thousands of dollars for a stupid legal fight.

Interesting first post. I hope you have more integrity and higher character than what your post demonstrates. Also, breaking the law is not something we promote here.

I have left my weapon in a rental car (i posted it on this forum about 2 years ago)
When I realized it, I called the rental agency
Even though I called them before they found it, their policy was to call the police.
I had to take my ID to the PD and get it back.
No real issue,just some embarrassment and extra hassle.

mojo84 wrote:

Hahahaha wrote:Easy out. I sold that gun at a gun show. I sold it on Texas CHL forum. I sold it onTexas Gun Trader. The answers are rather limitless. I rather lose the gun than the thousands of dollars for a stupid legal fight.

Interesting first post. I hope you have more integrity and higher character than what your post demonstrates. Also, breaking the is not something we promote here.

if your going to carry, man up and take responsibility for anything that happens because of your negligence while carrying.

mojo84 wrote:

Hahahaha wrote:Easy out. I sold that gun at a gun show. I sold it on Texas CHL forum. I sold it onTexas Gun Trader. The answers are rather limitless. I rather lose the gun than the thousands of dollars for a stupid legal fight.

Interesting first post. I hope you have more integrity and higher character than what your post demonstrates. Also, breaking the is not something we promote here.

I swear, there have got to be members in here creating second accounts just to post this stuff.

If you forget your gun in a public restroom you deserve everything you get.

Hahahaha wrote:Easy out. I sold that gun at a gun show. I sold it on Texas CHL forum. I sold it onTexas Gun Trader. The answers are rather limitless. I rather lose the gun than the thousands of dollars for a stupid legal fight.

Phew! Light a match, somebody, that's a stinker of an idea.

I'll probably catch flak since this is my first post, but then I'm not bashful about stating how I feel.

If someone is stupid enough to forget their weapon in a restroom, public or other wise, they don't deserve to be carrying a weapon at all!

TomfromTx wrote:I'll probably catch flak since this is my first post, but then I'm not bashful about stating how I feel.

If someone is stupid enough to forget their weapon in a restroom, public or other wise, they don't deserve to be carrying a weapon at all!

§46.13 would not apply to the hypothetical you gave. One of the elements of the crime is that a child (statutorily defined as someone under age 17) actually gains access to the gun, not that it was merely possible.

"Criminal negligence" is essentially code for "strict liability criminal offense." That's somewhat of an overstatement, but not by much.

Chas.

mloamiller wrote:Hypothetical situation – I accidently leave my gun in a public restroom. Someone finds it, turns it in to the store manager who turns it over to the police. I don’t know who found it – could have been a janitor or another customer.

As I understand it, the applicable penal code would be 46.13, and it would be a Class C misdemeanor (below). However, I’m not sure even 46.13 would apply because it requires “criminal negligence.” If it did, as a Class C, I wouldn’t lose my CHL.

Questions for the group:
• Are there other statutes that would apply in this situation?
• Would accidently leaving my gun in the restroom qualify as “criminal negligence”?
• Is my CHL at risk?

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:
…
(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
…
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
…
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

TomfromTx wrote:I'll probably catch flak since this is my first post, but then I'm not bashful about stating how I feel.

If someone is stupid enough to forget their weapon in a restroom, public or other wise, they don't deserve to be carrying a weapon at all!

Ooops, there goes half the US Capitol Police force...

ScottDLS wrote:

TomfromTx wrote:I'll probably catch flak since this is my first post, but then I'm not bashful about stating how I feel.

If someone is stupid enough to forget their weapon in a restroom, public or other wise, they don't deserve to be carrying a weapon at all!

Ooops, there goes half the US Capitol Police force...

Don't forget the Air Marshall's .

Didn't take long for hahahah to get the boot. I kind of saw that coming and I'm not even psychic.