Texas-Book-Gun Law Armed And Educated - Flipbook - Page 102
to purchase a firearm for him, if Crystal decides to buy a firearm
with her own money and then give the firearm to Jim as a present,
Crystal is the actual buyer/transferee of the firearm. Since Crystal
is the actual buyer, there exists no sham or “straw man,” and the
purchase is legal.
2. A person cannot purchase a firearm if they have been convicted
or are under “indictment or information” for a felony or certain
misdemeanors
If a person has been convicted of a felony or other crime for which
a judge may sentence, or could have sentenced, the person to more
than one year imprisonment, that person may not legally purchase
a firearm (unless the crime was a state misdemeanor punishable by
imprisonment of two years or less). See 18 U.S.C. § 921(a)(20)(B).
Likewise, if a person is under “indictment” or “information” for a
felony, or any other crime for which a judge may sentence the person
to more than one year imprisonment, that person is disqualified
from purchasing a firearm. An “indictment” or “information” is
a formal accusation of a crime punishable by imprisonment for a
term exceeding one year. It is important to point out that the actual
sentence received is not the determining factor for disqualification;
rather, it is the possible maximum sentence. A person may have
only been sentenced to 30 days imprisonment, but if the crime for
which they were charged allowed a maximum penalty of five years,
then that person is disqualified. See Schrader v. Holder, 704 F.3d
980 (D.C. Cir. 2013).
3. What does it mean to be a “fugitive from justice” so as to be
disqualified from purchasing a firearm?
A “fugitive from justice” is a person who, after having committed a
crime, flees from the jurisdiction of the court where the crime was
Purchasing, Transferring, And Possessing Firearms | 91
