Texas-Book-Gun Law Armed And Educated - Flipbook - Page 118
recklessly, or is reckless, with respect to circumstances surrounding
his conduct or the result of his conduct when he is aware of but
consciously disregards a substantial and unjustifiable risk that
the circumstances exist or the result will occur. The risk must be
of such a nature and degree that its disregard constitutes a gross
deviation from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the actorʼs
standpoint.” Likewise, if a person’s mental state when selling a
firearm or ammunition to an intoxicated person rises above reckless
to knowingly or intentionally, that is also illegal.
4. Illegal to sell to certain felons
If a person knows that another person was convicted of a felony,
they may not legally sell that other person a firearm under Texas law
unless the person has been out of imprisonment or released from
community supervision for five years—whichever is later. Note,
however, that a person may still be guilty of unlawfully transferring
a firearm to a felon under federal law.
5. Differences in federal and Texas law concerning convicted felons
possessing firearms
Under federal law, a person convicted of a felony is prohibited from
possessing firearms. Texas law, however, relaxes such restrictions.
Under Texas law, a convicted felon is permitted to possess
firearms in the person’s home after five years from the date of the
person’s release from confinement, supervision under community
supervision, parole, or mandatory supervision—whichever date is
later. See Tex. Penal Code § 46.04(a).
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