Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural enterprise.
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.
(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and
(2) the child in discharging the firearm caused the death of or serious injury to the child.
(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch 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."
I have reviewed Texas Penal Code 46.13
WHEREAS, in consideration of being permitted to attend a course for instruction in firearms, for the instruction i firearms, forus1 of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Undersigned and agrees to the following:
Undersigned agrees to indemnify, hold harmless, and defend John & Heidi Rao {hereinafter referred to as "Instructor"), from any and all fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to or connected with: Undersigned; Undersigned's presence on or use of the range, building, land, and premises ("Premises"); and any and all acts or omissions of undersigned.
Undersigned furthermore waives for himself/herself and for his/her executors, personal representatives, administors, assignees heirs and any next of kin: any and all _rights and claims for damages,. losses, demands and any other actions or claims whatsoever, wh1ch he/she may have or which may arise against Instructor (including but not limited to the death of Undersigned and/or any and all injuries damages or illnesses suffered by Undersigned or Undersigned's property), which may in any way whatsoever, arise out of, be related to or be connected with: "the course of instruction; the Premises, including any latent defect in the Premises; Undersigned's presence on our use of said Premises; Undersigned's property (whether or not entrusted to Instructor); and the discharge of firearms.
Instructor shall not be liable, for, and Undersigned, on behalf of himself/herself and on behalf of his/her executors, personal representatives, administrators, assignees, heirs, and next of kin, hereby expressly releases the Instructor from any and all such claims and liabilities.
Undersigned here by expressly assumes the risk of taking part in the course for instruction in firearms and taking part in the activities on the Premises, which include, but are not limited to, instruction in the use of firearms, the discharge of firearms and the firing of live ammunition.
Undersigned hereby acknowledges· and agrees that Undersigned has read this instrument and understands its terms and is executing this instrument voluntarily.
Undersigned furthermore hereby acknowledges and agrees that he/she has read, understands, and will at all times abide by all range rules and procedures and any other rules and procedures stated by the Instructor.
Undersigned expressly agrees that this instrument is intended to be as broad and inclusive as permitted by law, and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
No remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statue or otherwise. The election of any one or more remedy here under by the Instructor shall not constitute any waiver of Instructor's right to pursue other available remedies.
This instrument binds Undersigned and his/her executors, personal representatives, administrators, assignees, heirs and next of kin.