SECTION 748.3931. Are weapons, firearms, explosive materials, and projectiles permitted at my operation?

(a) Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows) are permitted; however, there are some specific restrictions:

(1) A handgun is a type of firearm that is never permitted at an operation or during any type of activity;

(2) A child receiving treatment services or emergency care services is not permitted to use weapons, firearms, explosive materials, or projectiles;

(3) If you allow weapons, firearms, explosive materials, or projectiles, you must develop and enforce a policy identifying specific precautions to ensure that a child does not have unsupervised access to them, including:

(A) Weapons, firearms, the ammunition, explosive materials, and projectiles must be kept in locked storage;

(B) The locked storage must be made of strong, unbreakable material, except that the storage may have a glass or another breakable front or enclosure;

(C) Any gun placed in a locked storage that has a glass or another breakable front or enclosure must be secured with a locked cable or chain placed through the trigger guard; and

(D) Weapons and ammunition must be separately stored and locked;

(4) You must determine it is appropriate for a child receiving only child-care services to use the weapons, firearms, explosive materials, or projectiles; and

(5) No child may use a weapon, firearm, explosive material, or projectile, unless the child is directly supervised by an adult knowledgeable about the use of the weapon, firearm, explosive material, or projectile that is to be used by the child.

(b) A child receiving treatment services or emergency care services is not permitted to use toys that explode or shoot. For a specific child receiving only child-care services, you must determine whether it is appropriate for that child to use toys that explode or shoot. The child must be supervised when using or being around toys that explode or shoot, and the toy must be age appropriate to the child.

(c) Firearms that are inoperable and solely ornamental are exempt from the storage requirements in this rule.

Source Note: The provisions of this §748.3931 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2248