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I have a very good friend who is in federal detention right now pending his sentencing hearing, and we communicate via the prison's emailing system for prisoners. Usually, the messages have to do with his spiritual journey and encouragement, and about things that my wife and I help him and his family out with on the outside. He asked me the following question the day before yesterday via email and I'm hoping someone can help me with the answer. I told him I would try and find out and get back to him..........

Out of curiosity, and of course this is purely hypothetical since you hear so many different things in here..... and since you're the "certified residential firearm guy".......

Is theft of a firearm (for instance a cheap pump action shotgun) a felony or a misdemeanor? State charges....not federal. I'm just curious because I thought for sure it was a felony, but I have had several people [in the prison] tell me otherwise.

My guess is that this topic came up in a conversation with one or more "jailhouse lawyer" types. I think the question is really a two-parter:

1. Is it automatically a felony because it is a firearm theft? OR...
2. Is it a misdemeanor because it's not worth much?

I don't have any more details than what I've quoted above. What would be the most likely correct answer on this? Maybe some of you NOT-jailhouse lawyers can enlighten me so I can get back to him?

a. Is it automatically a felony because it is a firearm theft? OR...
Probably in California it is. Probably not in Texas.

b. Is it a misdemeanor because it's not worth much?
Probably yes, but there could be other charges. Trespass, Break and Entry, Burglary, Strong Arm Robbery, Etc.

Theft of a firearm in Texas is a State jail felony according to section 31.03 of penal code:

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

e) Except as provided by Subsection (f), an offense under this section is:
(1) a Class C misdemeanor if the value of the property stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or more but less than $750;
(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or
(C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
(C) the property stolen is a firearm, as defined by Section 46.01;

http://www.statutes.legis.state.tx.us/D ... /PE.31.htm

sbrawley wrote:I'm wondering if this is what these "jailhouse lawyers" are considering when they're discussing the class of the crime.

Likely not my friend. It is a fallen world.

sbrawley wrote:I've been working inside the Harris County Jail for over 8 years (6 booking and releasing and the past 2 in Immigration) and in my experience a lot of first or 2nd time offenders usually take plea bargains that reduces the severity of their crimes (felonies to misdemeanors, Class A's to B's, etc..) in exchange for a guilty plea. So a first time offender could very likely plea a felony theft of firearm down to a class A theft.

Last night, I interviewed one of our uninvited visitors in preparation to see an Immigration Judge and after reviewing this person's criminal history, found out that a couple of years ago this person was arrested and indicted for deadly conduct/discharge firearm (3rd degree felony, if I recall correctly), but accepted a plea deal that lowered the crime to a class A Family Assault.

I'm wondering if this is what these "jailhouse lawyers" are considering when they're discussing the class of the crime.

As stated, the crime of theft of a firearm is a state jail felony per the penal code. Pleading down a charge doesn't mean it's not still the same charge, just that the charge was reduced by a Judge's order.

parabelum wrote:

sbrawley wrote:I'm wondering if this is what these "jailhouse lawyers" are considering when they're discussing the class of the crime.

Likely not my friend. It is a fallen world.

In the case of my friend who asked the question, he's not there for anything remotely related to violent crime. Before his arrest, he was a local successful business owner who got caught up in a powerful addiction and was pinched by the Feds. The event has caused caused him to completely reevaluate his life, and his spiritual walk, and he is certain that what he messed up, God is going to turn to good use. He's not a jailhouse lawyer, but in his time in there, he is certainly meeting and speaking with jailhouse lawyers. My friend was a gun owner and avid hunter until his arrest, but he was not a student of gun law.....which is why he referred the question to me - which I have since passed on the answers with the relevant code.