Author Topic: Transfer Ownership w/in Family  (Read 2488 times)

DesertStormVet

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Transfer Ownership w/in Family
« on: December 06, 2015, 09:55:47 AM »
My mother (non-CHL) wishes to obtain her CHL and would like to carry concealed.  As a gift, I would like to transfer ownership of one my legally purchased (i.e. registered) firearms (Glock 43).  Although she does not have her CHL, to the best of my knowledge, which is strong, she is able to own a firearm legally (in the great state of Texas).  Just under 60 years ago, my father was charged an convicted with a crime (felony).  My mother and father live together.  Am I able to legally transfer ownership of my firearm to my mother and if so, why type of written documentation, if any, should I have.  My concern is if the firearm were used by my father in a self defense scenario due to my mother being incapacitated, would there be legal ramifications for both and/or me.  Any advice would help.  I think the cleanest way is to have her buy / register a firearm in her name and keep me out of the loop, but...

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Re: Transfer Ownership w/in Family
« Reply #1 on: December 07, 2015, 08:07:18 AM »
Just how 'disabled' is your mother?  She can legally have a gun but felons cannot have access.  That means on her person or in a locked container.  The felon cannot have the key or combination.  If the felon gets the gun and uses it in self defense, he could be charged, but you should be OK.  There is no way to 'register' her gun in TX.

Under TX law, after 5 years, a felon can have a gun in his/her home.  He cannot carry in the car nor go hunting/target practice.

G. Gordon Liddy has been known to say that as a felon, he cannot have guns but Mrs. Liddy has an extensive gun collection.

DesertStormVet

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Re: Transfer Ownership w/in Family
« Reply #2 on: December 07, 2015, 06:13:47 PM »
My mother is not disabled.  The incapacitated comment is more along the lines of injury, panic, etc..   My father's conviction was when he was young (18) and dumb.  He's 73 now and has been a model citizen for 55 years.  What Texas law allows convicted felons to possess a firearm (other than shotgun / rifle?) after 5  years?  I've never heard of / read about this.  A written agreement to transfer custody of firearm between two parties is not valid documentation?

DesertStormVet

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Re: Transfer Ownership w/in Family
« Reply #3 on: December 07, 2015, 09:29:52 PM »
Sec 46.04?

Sec. 46.04.  UNLAWFUL POSSESSION OF FIREARM.  (a)  A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1)  after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or
(2)  after the period described by Subdivision (1), at any location other than the premises at which the person lives.

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Re: Transfer Ownership w/in Family
« Reply #4 on: December 08, 2015, 10:41:22 AM »
It's not a question of 'proving' you gave it to your mother.  The problem comes if you father has to prove he had no access.

DesertStormVet

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Re: Transfer Ownership w/in Family
« Reply #5 on: December 08, 2015, 10:47:51 AM »
Understand the perspective and don't disagree that there may be legal ramifications for my mother / father if he had access to the firearm beyond his residence.  My question was more around my culpability if the situation occurred AND I had transferred ownership of the firearm to my mother.  To us a trite cliche' for my mother / father if the scenario occurred...better to be judged by 12 than carred by 6?????

TexasLawShield

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Re: Transfer Ownership w/in Family
« Reply #6 on: December 10, 2015, 02:37:50 PM »
DesertStormVet,

There is no problem with giving your mother a firearm as a gift and you don’t actually need any written documentation for the transfer. As noted above, TPC 46.04 allows your father to possess firearms in the home for self-defense. When outside of the home, your mother needs to make sure that she has care, custody and control of the firearm. If your father possessed the firearm outside of the home then he would be violating 46.04, though if it was used in self-defense he would be able to argue necessity under TPC 9.22. As far as potential liability for you mother or yourself in making the firearm accessible to your father, this is very unlikely. The black and white language of TPC 46.06 states it is an offense if a person “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” (as in the violation of 46.04). Again, this is a stretch.