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Potential Defenses against Charges Related to Minors and Firearm Access

The state of Texas has several laws pertaining to firearms, with the primary focus being to reduce the incidences of serious crimes involving guns. According to the Texas Department of Public Safety, criminals used firearms in 91 percent of all reported murders, as did 10 percent of people who committed aggravated assaults.

Dallas Criminal Defense Attorney

Of the more notable laws regarding firearms in Texas are those that govern firearm access – particularly when it comes to minors. If you own a firearm, then it is important to be aware of these regulations, and if you are facing charges related to firearms or other criminal matters, you should consult an attorney to construct an appropriate defense.

John L. Corn, Attorney at Law can advise you on how to proceed under your specific circumstances. John L. Corn is a Dallas criminal attorney who has tried more than 2,000 felony cases involving DWI, family violence and weapons charges.

Mr. Corn can evaluate the case against you and fight for reduced penalties or dismissed charges. Start planning your defense by calling 214-528-4529.

Texas Laws That Govern Minors and Firearm Access

According to Texas laws, if you fail to store or secure a loaded firearm safely – under circumstances that a child younger than 18 years old cannot access it – then a judge may find you guilty of a Class C misdemeanor. If the child locates the loaded firearm and discharges it, causing injury or death to either the child or another person, then you may face a Class A misdemeanor, which carries a harsher sentence including possible jail time, a fine or both.

Possible Defenses

If you were supervising your child while legally hunting or using the firearm in a sporting capacity, you may be in a position to argue an affirmative defense. An affirmative defense may involve an argument of insanity, which is usually difficult to prove, or mistake of fact. Using the mistake of fact defense requires that the defendant did not understand a fact that would negate an element of the offense.

You also may have a valid defense if your child was using the loaded firearm in an act of self-defense against imminent harm, or if the child accessed your property illegally and without your permission. In each case, a judge will evaluate the circumstances and apply the relevant Texas penal codes.

 The law also requires that firearms dealers post a sign on their premises that informs gun purchasers about laws related to minors and firearms. The sign must have the following text in block letters that are 1 inch or larger in height:

“IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM.”

An event that leads to criminal charges may only last a few seconds, but the consequences can last a lifetime. Texas courts have little patience for those who break firearm laws, so if you face these charges, contact an attorney to start building your defense.

John L. Corn, Attorney at Law is a criminal lawyer in Dallas who can help you fight firearm charges. Call our office today at 214-528-4529 to schedule an ap

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  • John is the epitome of under promise and OVER deliver… I called Mr. Corn on a Sunday night after my arrest and Mr. Corn spent 45 minutes to an hour with me on the phone without asking for a dime. He was not pushy asking for my business and just told me to give him another call if I wanted him to represent me for my DWI. The result of my situation: DISMISSED. I would recommend Mr. Corn without question.

    ~ Mike P.

  • I found Mr. Corn through a friends recommendation. John has impressed us with his in-depth knowledge of the law and we are truly glad that we found him. Thank you Mr Corn for your professionalism and hard work.

    ~ Dawn D.