Interesting Tidbits
Posted: Fri Mar 20, 2015 12:25 pm
Texas law differs from federal law in some interesting ways—interesting for gun folks, that is.
1) Texas law allows possession of a firearm by a convicted felon, on the premises where he/she lives, after the fifth anniversary of completing his/her sentence. PC §46.04(a)
Federal law prohibits a convicted felon from being in possession of a firearm—presumably for the rest of his/her life (unless the conviction is expunged or the person has been pardoned). 18 USC §922
2) Texas law does not prohibit a minor from possessing a firearm including a handgun. PC §46.04
(PC §43.24(a)(1) defines "minor" as "an individual younger than 18 years of age.") Texas law provides an affirmative defense to prosecution to the unlawful act of selling or giving any firearm to any child younger than 18 years old if a parent or legal guardian gives permission for the sale or gift. PC §46.06(a)(2)and(c)
Federal law states that "It shall be unlawful for any person who is a juvenile to knowingly possess—(A) a handgun; or (B) ammunition that is suitable for use only in a handgun." (with some exceptions) 18 USC §922(x)(2). Of course, we all know from ATF Form 4473 that it is unlawful to sell, deliver, or otherwise transfer a handgun or handgun ammunition to a juvenile (with some exceptions) 18 USC §922(x)(1). (18 USC §922 defines "juvenile" as "a person who is less than 18 years of age.")
3) Texas law defines "machine gun" as "any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger." PC §46.01(9)
Federal law defines "machinegun" as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger..." 26 USC §5845(b)
I'm sure there are numerous other differences between Texas law and federal law relating to firearms, but these are three that I am aware of. Please correct me if I have erred. IANAL
1) Texas law allows possession of a firearm by a convicted felon, on the premises where he/she lives, after the fifth anniversary of completing his/her sentence. PC §46.04(a)
Federal law prohibits a convicted felon from being in possession of a firearm—presumably for the rest of his/her life (unless the conviction is expunged or the person has been pardoned). 18 USC §922
2) Texas law does not prohibit a minor from possessing a firearm including a handgun. PC §46.04
(PC §43.24(a)(1) defines "minor" as "an individual younger than 18 years of age.") Texas law provides an affirmative defense to prosecution to the unlawful act of selling or giving any firearm to any child younger than 18 years old if a parent or legal guardian gives permission for the sale or gift. PC §46.06(a)(2)and(c)
Federal law states that "It shall be unlawful for any person who is a juvenile to knowingly possess—(A) a handgun; or (B) ammunition that is suitable for use only in a handgun." (with some exceptions) 18 USC §922(x)(2). Of course, we all know from ATF Form 4473 that it is unlawful to sell, deliver, or otherwise transfer a handgun or handgun ammunition to a juvenile (with some exceptions) 18 USC §922(x)(1). (18 USC §922 defines "juvenile" as "a person who is less than 18 years of age.")
3) Texas law defines "machine gun" as "any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger." PC §46.01(9)
Federal law defines "machinegun" as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger..." 26 USC §5845(b)
I'm sure there are numerous other differences between Texas law and federal law relating to firearms, but these are three that I am aware of. Please correct me if I have erred. IANAL