TexasCHLforum.com

"...risking a catastrophe and possession of an instrument of crime..."

http://www.breitbart.com/article.php?id ... 1&catnum=1

I haven't seen anything in the Texas code that equates to this stuff yet...

Just thought it would be interesting to discuss and see if there is anything similar in our state...

Since this does involve firearms, I figure it is on-topic from a certain point of view...

http://www.texasshooting.com/TexasCHL_F ... hp?t=10664

Only one actual rifle

The rest were TOYS!

Stupid kid

stevie_d_64 wrote:"...risking a catastrophe and possession of an instrument of crime..."

I don't know anything about Pennsylvania law, so I can discuss this only hypothetically if it had happened in Texas.

The kid allegedly had incomplete homemade grenades. Under Texas law, those would be prohibited exposive devices (PC §46.05).

Because it's alleged that he tried to recruit at least one other kid, he arguably engaged in criminal conspiracy:

PC § 15.02. CRIMINAL CONSPIRACY. (a) A person commits criminal conspiracy if, with intent that a felony be committed:
(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense;
and
(2) he or one or more of them performs an overt act in pursuance of the agreement.

The second requirement could be met by the alleged manufacture of explosives.

In Texas, if you can possess weapons at all, you can possess any number.

Also, in Texas, there is no effective age limit for possessing firearms.

Some states have stricter limitations on who can possess weapons, plus registration.

- Jim

20-30-40 years ago this would not be an issue. Kids are expelled for pointing their fingers and saying "pow!".

The mother probably made a judgement error by buying him that particular rifle. She may be judged harshly but I do not consider it a "straw purchase".

My Dad bought me my first rifle.

I bought my sons their first firearms. I am glad they didn't ask for an evil Hi-Point 9mm carbine.

I bought them Winchester mod 70's and Rugers in .270 Win along with their Winchester 12 and 20 ga pump shotguns.

I had my FFL at the time. Did I break any laws? I gave them the firearms. They kept them along with the ammo in their rooms.

Yessir! No evil 9mm assault carbines for my boys!

Anygun

Jim,

I would think that he would get charged with solicitation instead of conspiracy. He tried to recruit the assistant, so PC 15.03 would apply:

(a) A person commits an offense if, with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.

As for the possession of a criminal instrument, we have a very similar law in PC 16.01:

(a) A person commits an offense if:
(1) he possesses a criminal instrument with intent to use it in the commission of an offense;

So I can see both of those laws applying to this in Texas. As for the risking catastrophe, I don't know of a similar charge. I looked it up for PA, and it is a felony if a person recklessly creates a risk of catastrophe in the use of fire or explosives. Our laws require him to actually do something, either start a fire or explosion, whether it continues after ignition or not. I like our ideas better.

The one I cannot get over was the charge on the mother for corrupting a minor by buying him a rifle. I cannot believe that charge will stick, unless there are a lot more facts than we know now.

I hadn't really understood "criminal instrument." Now I can see where it could apply to almost anything: a "slim jim" or a crowbar which becomes a "burglary tool" if carried at night by a guy in dark clothing.

- Jim

Yep, the whole "criminal instrument" thing got me as well...

Not that I am condoning the intent or plans of this mis-guided yute...

I'm just concerned that this poorly written and distributed piece of reporting will yet again be more ammunition for the gun-control crowd to bolster their agenda...

But...I would not be surprised anyway...

See when our side proves our right to keep and bear arms, it usually ends up in the death of some poor mis-guided (____________) [fill in the blank]...

And those people get ambushed and asked if they are "trigger happy" or something to that effect...

See?