§ 21-154. Possession of or access to firearm by person under seventeen years of age.

(a)

It shall be unlawful for any person seventeen (17) years of age or older to intentionally, knowingly, recklessly, or with criminal negligence facilitate, suffer, or permit the discharge of a firearm by any person under the age of seventeen (17) by allowing that person to obtain unsupervised access to the firearm.

(b)

It shall be unlawful for any person seventeen (17) years of age or older to intentionally, knowingly, recklessly, or with criminal negligence facilitate, suffer, or permit the physical possession of a firearm by any person under the age of seventeen (17) by allowing that person to obtain unsupervised access to the firearm.

(c)

It is an affirmative defense to prosecution under subsections (a) and (b) that:

(1)

The firearm was possessed or discharged at a firing range or an area designated for target practice and was possessed or discharged under the supervision of any person seventeen (17) years of age or older; or

(2)

The access to the firearm was obtained as a result of the commission of a crime; or

(3)

The possession or discharge of the firearm was justified under the provisions of Chapter 9 of the Texas Penal Code; or

(4)

Reasonable precautions under the attendant circumstances were taken to prevent unsupervised access to the firearm by any person under the age of seventeen (17).

(Ord. No. 79328, § 4, 12-16-93; Ord. No. 84805, § 3, 9-19-96)