We want to explain three of the most common mistakes that we come across in order to help you avoid finding yourself in a similar situation.
Firing Your Weapon as a Warning Behind the Wheel
Firearms have the ability to cause severe injuries to others. Because of this, there are many laws in place to protect individuals. A common mistake that gun owners make is firing their weapon in a vehicle as a warning to others that they will use it if necessary.
Threatening to use deadly force by firing a weapon should only be used when using force is justified under Texas Penal Code Section 9.04. Being justified in using force includes things like punching, grabbing, or tackling another individual in the act of self-defense.
Unfortunately, many officers and prosecutors don’t feel the same way when it comes to firearms behind the wheel. If you don’t have a good reason to explain your actions, you could be in serious legal trouble. Be sure to exercise extreme caution when it comes to firearms behind the wheel.
Improper Transfer Documentation
Your uncle absolutely loves one of your guns, and you decide to give it to him for his birthday. Since it’s a gift, and he’s your uncle, you don’t need any paperwork, right?
While you aren’t legally required to do so, it’s extremely helpful to create a bill of sale whenever you transfer your firearm to another person. You’ll want to include:
- The date of the transfer
- The people who are involved
- The weapon’s make, model, and serial #
- A short description of the weapon
Creating a transfer document will help protect yourself from being connected to the firearm in the event that something happened to it. If your uncle leaves his new gun in his car, and someone breaks into his car, steals the weapon, and commits a murder, you will be able to show the police that you transferred the firearm. This document could be the difference between being thanked by the police and being taken down to the interrogation room.
Work With a Trusted Team to Protect Your Future
If you or a loved one is involved in a federal firearms case, our team can help. At the Law Office of Patrick J. McLain, PLLC, our team of trusted Dallas criminal defense attorneys has helped countless individuals fight their firearms charges and return to their best lives possible.
Don’t let a mistake shape your future. Our team is here to help you over the phone. Call us today (214) 238-9392 to learn more.