O6nop wrote:There was a lot of traffic in the forum about the same time I posed a question - maybe it was overlooked, maybe it was a dumb question, either way, any comments are appreciated.
O6nop wrote:FlynJay wrote:C-dub wrote:Were the Saxet and Texas Gun shows both held and the same HEB location? If they were then Austin's analogy works. However, if not then I would amend his analogy to be a different hotel entirely where the illegal or questionable activities took place.
For my clarification, is it illegal for me, a private citizen, to sell to a felon or is is it just illegal for the felon to purchase or possess a gun? Never mind all the caveats of which state I'm in or what kind of felony it was and all that. I just mean in general. I wonder since I don't have access to or the ability to do an NICS or background check on someone or apparently the requirement. I can understand that I might be in trouble if I knowingly do this, but if I don't know the person is a felon and I'm not required to check will I still be in trouble?
It is illegal for you to
knowingly sell to a felon. Before I sell to anyone, I ask to see a Texas driver's license, and I ask if they are legally able to purchase a firearm in Texas. If they have a problem with me taking down their name and TX DL # then no deal.
I don't want to change my whole stance on the current rights to keep, bear and sell arms, but this may be the problem and I hope someone can set me straight on the whole thing. As gun owners we should look down on anyone selling a gun to anyone not allowed to own one, be it a felon, a mental case, or a minor. If I don't ask, I don't know... so is that legal for the seller? To say, "Oh, I didn't know" would get you off scot free??
Maybe it should state a little more like "knowingly or irresponsibly" that way they take responsibility for who the gun is sold to. Even if it was done in the parking lot or in your driveway.
To directly answer your question here is the applicable law. Take note of the "intentionally or knowingly".
PC 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS.
(a) A person commits an offense if the person:
(1) 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;
(2) intentionally or knowingly sells, rents, leases, or gives or offers
to sell, rent, lease, or give to any child younger than 18 years any
firearm, club, or illegal knife;
(3) intentionally, knowingly, or recklessly sells a firearm or ammunition
for a firearm to any person who is intoxicated;
(4) knowingly sells a firearm or ammunition for a firearm to any
person who has been convicted of a felony before the fifth anniversary
of the later of the following dates:
(A) the person's release from confinement following conviction
of the felony; or
(B) the person's release from supervision under community supervision,
parole, or mandatory supervision following conviction of the
felony;
(5) sells, rents, leases, loans, or gives a handgun to any person
knowing that an active protective order is directed to the person to
whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as a loan or
gift from another a handgua while an active protective order is directed
to the actor.
(b) In this section:
(1) "Intoxicated" means substantial impairment of mental or physical
capacity resulting from introduction of any substance into the body.
(2) "Active protective order means a protective order issued
under Tie 4, Family Code, that is in effect. The term does not include
a temporary protective order issued before the court holds a hearing
on the matter.
(c) It is an affirmative defense to prosecution under Subsection
(a)(2) that the transfer was to a minor whose parent or the person
having legal custody of the minor had given written permission for the
sale or, if the transfer was other than a sale. the parent or person
having legal custody had given effective consent.
(d) An offense under thii section is a Class A misdemeanor, except
that an offense under Subsection (a)(2) is a state jail felony if the
weapon that is the subject of the offense is a handgun.