Texas-Book-Gun Law Armed And Educated - Flipbook - Page 342
The law here revolves around whether the prohibited person
possesses the firearm, not whether a firearm is nearby. See Tex.
Penal Code § 46.04(a). For instance, if we change the example to
a person who hands a recently released felon a handgun in the car
and asks the felon to “put it under the seat,” then the person has
committed a crime. See Tex. Penal Code § 46.06.
What if Charles kept the handgun in the center console? Charles
certainly has not committed a crime, but could Jamie be considered
to be in “possession”? Here, the answer is less clear. In the real
world, the legal fight will be over who was actually in possession
of the firearm (or joint possession in this case). This issue may
ultimately be for the jury to decide.
GIVING A GUN TO DISQUALIFIED INDIVIDUALS
TEX. PENAL CODE § 46.06(a)(1)
A person commits an offense if the person: sells, rents, leases,
loans, or gives a handgun to any person knowing that the
person to whom the handgun is to be delivered intends to use it
unlawfully or in the commission of an unlawful act.
Cannot “give” a handgun to someone who intends to break
the law
This one is simple: if someone asks you for your gun in order to
rob a bank or knock off a liquor store, it is a crime for you to give
them the gun. A violation of this law is typically punishable as a
Class A misdemeanor, but a person could be charged with a state
jail felony in some instances! See Tex. Penal Code § 46.06(d).
Law Of Handgun Carry: Part III 331
