§ 66-5. Discharge of firearms by minors; responsibility to avoid.

(a)

Purpose of section. 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)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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

Child or minor means any person who is 17 years of age or younger.

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.

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)

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

(d)

Facilitation by adult unlawful. 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)

Adult permitting possession of firearms by child unlawful. It is unlawful for any adult to 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)

Defense to prosecution generally. It is a defense to prosecution under subsections (c), (d) or (e) of this section that:

(1)

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

(2)

The child's access to the firearm 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 state penal code.

(g)

Additional defense. It is additionally a defense to prosecution under subsections (d) or (e) of this section that the actor had taken reasonable precautions under the attendant circumstances to ensure that a minor 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 firearms 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;

(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.

(h)

Penalty for violation of section. 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 applicable state law.

(i)

Accident prevention policy. In keeping with the policy of education and firearm accident prevention that is one of the underlying purposes of this section, the municipal court is urged to consider deferred dispositions under Vernon's Ann. C.C.P. art. 45.54 whenever the circumstances warrant deferred dispositions. Conditions of deferral may include the defendant obtaining firearms safety training and participating in projects aimed at preventing the unsafe discharge of firearms by juveniles or other similar and reasonable requirements.

(Code 1976, § 23-5)