Texas-Book-Gun Law Armed And Educated - Flipbook - Page 117
2. What does Texas law define as a child for the purpose of selling
a firearm?
A child refers to any person who is under 18 years of age.
See Section I(D) of this Chapter for a discussion of age restrictions.
3. A person may not sell a firearm or ammunition to an intoxicated
person
A person may not intentionally, knowingly, or recklessly sell a
firearm to an intoxicated person. See Tex. Penal Code § 46.06(a)(3).
What is intoxicated?
Texas Penal Code § 46.06(b)(1) provides the most relevant
definition for “intoxicated” with respect to the purchase of a
firearm. Under that section of the Penal Code, intoxicated means
“substantial impairment of mental or physical capacity resulting
from introduction of any substance into the body.” Note that under
this definition, intoxication is not limited to alcohol, and there is not
a specific legal limit on the amount of impairing-substance found in
the body. Under Texas law, no person who is intoxicated can be sold
a firearm. Again, when a person knew another may be intoxicated
or knew whether a person was actually intoxicated may ultimately
be decided by a jury.
Mental state
The law has three different mental states under which a person may
be guilty of a crime for selling a firearm to an intoxicated person:
intentionally, knowingly, or recklessly. Intentionally and knowingly
are the higher standards and reckless the lesser.
When does a person recklessly sell a firearm to an intoxicated
person? Texas Penal Code Section 6.03(c) states that “a person acts
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