Texas-Book-Gun Law Armed And Educated - Flipbook - Page 116
EXAMPLE:
Tony arranges to sell a handgun to Paul. When Paul arrives at
the pre-arranged meeting location to conduct the transaction, he
inspects the handgun and, without humor, tells Tony, “This will be
perfect to rob the First State Bank down the street this afternoon.
I’ve been looking for a gun just like this one! Now I don’t have to
wait any longer!”
Can Tony legally sell his handgun to Paul? No. Paul has clearly
communicated his plan to commit a serious crime with Tony’s
handgun.
EXAMPLE:
Allen arranges to sell a hunting rifle to Jerry, a man he met briefly
at a gun show a couple of weeks prior. When Jerry comes over
to buy the rifle, he remarks while examining the firearm, “Boy, it’d
sure be great to get on my neighbor’s land sometime and shoot
some deer.”
In this example, does Allen have actual knowledge that Jerry is
going to commit an unlawful act, like trespassing or hunting
without a license? No, he only has an idea of what Jerry would like
to do sometime. He does not know if the hunting is with or without
the land owner’s permission, whether it would even be legal to
shoot deer, or if a neighbor or deer even exists at all. With only this
information in hand, it would not be illegal for Allen to sell the rifle
to Jerry. Ultimately, what a seller did or did not know can only be
established by looking at the totality of the circumstances and may
ultimately be decided by a jury in court.
Purchasing, Transferring, And Possessing Firearms | 105
