City Code Section
(Added by Ordinance 184274, effective December 31, 2010.)
- A. A person commits the offense of endangering a child if a person fails to prevent access to a firearm by a minor when the person knew or reasonably should have known that a minor could gain access to the firearm under the following circumstances:
- 1. A person possesses or controls an operable firearm, whether loaded or unloaded, within premises under the person’s custody or control and a minor gains access to the firearm without the permission of the person, a parent or guardian.
- 2. A person possesses or controls an operable firearm, whether loaded or unloaded, within premises under the person’s custody or control and a minor gains access to the firearm without the permission of the person, a parent or guardian and the minor carries the firearm off the premises.
- B. Violation of Subsection A.1. is punishable by incarceration for not more than 10 days and a fine of not more than $500.
- C. Violation of Subsection A.2. is punishable by incarceration for not more than 20 days and a fine of not more than $750.
- D. Violation of Subsection A.2. is punishable by incarceration for not more than 30 days and a fine of not more than $2,500 when the firearm is carried by the child off premises to any school, school-sponsored or school-related event.
- E. Defenses: This section shall not apply if any one of the following circumstances exists:
- 1. The minor obtains the firearm as a result of an illegal entry into any premises by any person.
- 2. The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure from entry by the minor.
- 3. The firearm is locked with a device that has rendered the firearm inoperable and is designed to prevent minors and unauthorized users from firing the firearm. The device may be installed on the firearm, be incorporated into the design of the firearm, or prevent access to the firearm.