31.14. Only if you deprive the owner of the property knowing it was stolen have you committed a crime. How about this i found a gun i knew nothing abou went to turn it in and instead of getting a thank you i got charged with possession of stolen property and criminal possession of a weapon.wtf and my bail for this good deed was $50,000 3 months in jail and 3 yrs probation .loss of job 10,000 in debt loss of car and … This section makes it unlawful to knowingly or intentionally possess stolen firearms or ammunition. Demonte Kelly, 18, and Lejael Rudley, 19, were charged via criminal complaint with theft from a Federal Firearms Licensee (FFL) and possession of stolen firearms. Section 922 details the federal laws against possessing stolen firearms that are connected to interstate or foreign commerce. Under Texas Penal Code §§ 12.33, 46.04, the unlawful possession of a firearm is a third degree felony with a punishment range of two to ten years for a defendant with one prior felony conviction and fine up to $10,000. Stealing Over $2,500 Of Merchandise. Complexities and the Illegal Possession of Firearms. TITLE 7. 11, eff. To complicate matters further, someone who has been charged with firearm theft can also face additional charges, such as the illegal possession of firearms. An offense under subsection (b) is a Class A misdemeanor. the property stolen is a firearm, as defined by Section 46.01 (Definitions); (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or (F) 1251 (H.B. If the value of the merchandise is less than $2,500, you will most likely only face misdemeanor … Was the prohibited person in personal possession of the item? The knowledge requirement is important … Under both federal and Texas law, certain individuals are prohibited from possessing any type of firearm. (5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise … In other words, if your misdemeanor involved a family member, then the possession will also be a class A … (d) If it is shown on the trial of an offense under this section that the appropriated mail contained an item of identifying information and the actor committed the offense with the intent to facilitate an offense under Section 32.51, … The fact that you have no prior convictions (so you are not a felon in possession of a stolen firearm) is a plus. 1024), Sec. Added by Acts 1979, 66th Leg., p. 417, ch. “Theft of firearms will always trigger swift law enforcement action,” said U.S. Attorney Nealy Cox. 1, eff. Sept. 1, 2003. It is not a crime in Texas to possess stolen property. The most important factor in a theft case is the value of the property that was stolen — or attempted to be stolen. (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft; or (E) the property stolen is an official ballot or official carrier envelope for an election; And the fact that you have a handgun permit is a plus as well. Unlawful Possession of Firearm . Unlawful Possession of Firearm. 323 (H.B. Let’s look at what makes theft a felony crime in the state of Texas. Texas Penal Code § 46.04(e) establishes the base penalty for Unlawful Possession of a Firearm: An offense under subsection (a) is a third (3rd) degree felony. Generally speaking you risk fines and imprisonment for the charge of possession of a stolen firearm. But you need to bring some proof of your … on April 08, 2013 3:59 PM Jeffrey Baird thought he got a friendly discount when his friend, who was a weapons collector, offered to sell him a 45 ACP Smith & Wesson revolver — an excellent choice for the money. 113, Sec. Federal Possession of Stolen Firearms. In legal terms, the word “possession” is an abstract term, but Texas … Purchaser of Stolen Firearm Entitled to 'Innocent Possession' Instruction By William Peacock, Esq. Check the Texas Penal Statutes, Chapter 31. Handgun permit is a plus as well interstate or foreign commerce that was stolen have committed... 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