What Happens If You Are Accused Of Possessing A Stolen Firearm?
Being found with a firearm that police believe was stolen can lead to a serious felony investigation in Galveston, even if you are not accused of personally stealing the gun. The central question may become whether you knew the firearm was stolen when you acquired or possessed it. That distinction matters because Texas theft law covers more than physically taking property from its owner. A person may face a theft charge for receiving, possessing, or exercising control over property while knowing another person stole it.
When the property is a firearm, Texas law treats the allegation more seriously regardless of the gun’s market value. If you are accused of possessing a stolen firearm in Galveston or the Houston area, we examine how the gun came into your possession, what you were told about it, what evidence allegedly shows you knew it was stolen, and whether law enforcement obtained the firearm legally.
Texas Law Can Treat Possession Of A Stolen Gun As Theft
Texas Penal Code § 31.03 provides that a person commits theft by unlawfully appropriating property with the intent to deprive the owner of it. Importantly, appropriation can be unlawful when another person stole the property, and the accused appropriates it knowing it was stolen. Texas law consolidated the former separate offense of receiving or concealing stolen property into the state’s general theft statute.
This means prosecutors do not necessarily have to prove that you were the person who originally stole the firearm. A case could arise after someone buys a gun from another person, accepts it as payment, receives it from a friend, stores it for someone else, or has it discovered during a traffic stop or search.
The State still has to prove the required elements of the offense. Simply showing that a firearm was stolen and later found near you does not automatically establish that you knew it was stolen.
Theft Of A Firearm Is A State Jail Felony In Texas
Theft offenses are often classified according to the value of the property involved, but firearms receive different treatment. Under Texas Penal Code § 31.03(e)(4)(c), theft involving a firearm is classified as a state jail felony regardless of the firearm’s monetary value. Current Texas offense classifications likewise identify theft of a firearm under § 31.03(e)(4)(c) as a state jail felony.
Under Texas Penal Code § 12.35, an ordinary state jail felony carries a possible sentence of 180 days to two years in a state jail facility. A person may also face a fine of up to $10,000. Certain circumstances or prior convictions can affect the applicable punishment range, so we review a client’s criminal history before determining the actual exposure in a particular case.
A felony conviction can also create consequences beyond the sentence imposed by the court. Employment, professional licensing, housing, background checks, and the future legal possession of firearms may all be affected.
Prosecutors Must Address Whether You Knew The Firearm Was Stolen
Knowledge is frequently one of the most important issues in these cases. Texas Penal Code § 31.03(b)(2) applies when property was stolen, and the accused appropriated it while knowing it had been stolen by another person. That language makes the accused person’s knowledge part of the State’s case.
Suppose someone purchases a firearm in a private transaction and later discovers that it was reported stolen. The fact that the gun was stolen does not, by itself, establish that the buyer knew about its history when acquiring it. The circumstances surrounding the transaction become very important.
Police and prosecutors may look at text messages, social media communications, the price paid for the firearm, statements made during questioning, the identity of the seller, the condition of the firearm, and what happened after the accused obtained it. They may also consider whether the person’s explanation is consistent with other available evidence.
We look at those same facts from the defense perspective. A legitimate purchase, lack of notice, communications with the seller, payment records, witnesses, and other evidence may provide important context about what the accused actually knew.
A Suspiciously Cheap Gun Does Not Automatically Prove Knowledge
Police sometimes focus heavily on the circumstances under which a firearm was acquired. If someone buys an expensive handgun for an unusually low price from a stranger in a parking lot, prosecutors may argue that the circumstances suggest the buyer knew something was wrong. That remains an inference that must be supported by evidence.
There can be innocent explanations for an inexpensive private sale. Used firearms vary considerably in price, condition, age, and value. A buyer might also receive a firearm from a relative, friend, roommate, or romantic partner without having any reason to believe that the gun had been stolen.
We do not assume that suspicious circumstances equal criminal knowledge. We examine exactly what happened before, during, and after the firearm changed hands.
Police May Discover The Firearm During A Traffic Stop Or Search
Many stolen-firearm cases begin with an unrelated encounter with law enforcement. An officer may stop a vehicle for an alleged traffic violation and later discover a gun inside the vehicle. Police may then check the firearm’s serial number through law enforcement databases and learn that it was previously reported stolen.
That discovery can lead to questioning about ownership and where the gun came from. What happens before the search can be just as important as what officers eventually find.
We examine whether officers had lawful grounds for the initial detention, whether a warrant was required, whether valid consent was given, and whether another recognized exception to the warrant requirement applied. If evidence was obtained through an unconstitutional search or seizure, the defense may seek to suppress that evidence.
Possession Can Become Disputed When Several People Are Present
A firearm found inside a car, apartment, hotel room, or other shared space does not necessarily belong to every person present. The State must connect the accused to the firearm rather than relying only on proximity.
This becomes especially important when several people are riding in the same vehicle. A gun may be located under a passenger seat, inside a backpack, in a center console, or elsewhere in an area accessible to more than one person. Ownership of the vehicle does not necessarily resolve ownership or possession of every object inside it.
We investigate who owned the firearm, where it was found, who could access it, whether fingerprints or DNA were collected, what each person told police, and whether electronic communications identify the person who actually brought the firearm into the vehicle or residence.
Other Firearm Charges May Be Filed At The Same Time
A stolen-firearm allegation can sometimes be accompanied by other criminal charges. One important example is unlawful possession of a firearm under Texas Penal Code § 46.04.
Section 46.04 places restrictions on firearm possession by certain people with prior felony convictions and by certain people convicted of qualifying family-violence offenses. For a person with a felony conviction, the statute restricts firearm possession after conviction and during the period specified by the law, with additional restrictions applying afterward.
As a result, someone with a qualifying criminal history might face both a theft-related firearm accusation and an unlawful-possession charge arising from the same encounter. Each offense has separate elements, and each must be analyzed independently.
Statements To Police Can Become Important Evidence
People sometimes believe they can resolve the situation by explaining to officers that the firearm came from someone else. That explanation can create problems when a person does not yet know what police have discovered or what another witness has said.
A statement such as “I bought it from a guy last week” establishes a connection between the speaker and the gun. Additional questions about the seller, purchase price, location, or circumstances can then become part of the prosecution’s evidence concerning knowledge.
We generally want to examine the evidence before our client gives investigators a detailed account of disputed events. A person accused of a crime has constitutional rights, including the right to remain silent and the right to counsel.
Defending A Stolen Firearm Charge In Galveston
There is no single defense that applies to every stolen-firearm accusation. The defense depends on how the gun was discovered, how it came into the accused person’s possession, what the accused knew, and what evidence the State can actually prove.
We may challenge whether our client knowingly possessed the firearm, whether there is sufficient evidence that our client knew it was stolen, whether police conducted a lawful search, or whether statements were obtained in violation of constitutional protections. We may also investigate the person who allegedly transferred the gun and obtain communications, receipts, surveillance footage, witnesses, or other evidence explaining the transaction.
Early investigation can matter because text messages can disappear, surveillance footage can be overwritten, and witnesses can become difficult to locate. When a stolen firearm is involved, we want to understand the complete history of the gun rather than relying solely on the assumptions made at the time of arrest.
Frequently Asked Questions About Possessing A Stolen Firearm In Texas
Can I Be Charged If I Did Not Personally Steal The Gun?
Yes. Texas Penal Code § 31.03 does not limit theft liability to the person who originally takes property from its owner. The statute also provides that appropriation is unlawful when property was stolen and a person appropriates it knowing it was stolen by another.
The knowledge requirement is important. Prosecutors still need evidence supporting the allegation that you knew the firearm was stolen. If you bought or received the firearm without knowing its history, that issue can become central to the defense. We examine the transaction, communications between the parties, the purchase price, witnesses, and any explanation given by the person who transferred the gun.
What Is The Penalty For Theft Of A Firearm In Texas?
Under Texas Penal Code § 31.03(e)(4)©, theft of a firearm is a state jail felony. The firearm does not have to meet the normal dollar-value threshold that would otherwise be required for property theft to reach that classification.
Texas Penal Code § 12.35 generally provides for 180 days to two years of confinement for a state jail felony and permits a fine of up to $10,000. Prior convictions and other statutory circumstances can alter the punishment analysis. We review those issues carefully because the punishment range should never be assumed solely from the name of the charge.
What If I Bought The Gun From Someone And Had No Idea It Was Stolen?
Lack of knowledge can be a significant issue because Texas Penal Code § 31.03(b)(2) specifically refers to property that a person appropriates while knowing it was stolen by another. If you had no knowledge that the firearm was stolen, the prosecution may have difficulty establishing this part of the theft allegation.
The surrounding facts still matter. Investigators may examine what you paid, where the transaction occurred, what the seller told you, whether you knew the seller personally, and whether messages or other records exist. We may look for evidence showing that the transaction appeared legitimate from your perspective at the time.
Can Everyone In A Car Be Charged If Police Find One Stolen Gun?
The presence of several people in a vehicle does not automatically establish that every occupant possessed a firearm found inside it. The State must connect a particular accused person to the weapon and establish the elements of the charged offense.
The location of the firearm may be important. A gun found inside one person’s bag presents different factual questions than a gun lying openly between several occupants. Statements, fingerprints, DNA, ownership records, text messages, and witness testimony can also affect the analysis. We closely examine whether the evidence actually connects our client to the gun rather than simply placing our client near it.
Speak With A Galveston Criminal Defense Lawyer About A Stolen Firearm Charge
An accusation involving a stolen firearm can expose you to a felony prosecution, possible confinement, a substantial fine, and consequences that may follow you long after the criminal case ends. At Mark Diaz & Associates, we examine how the firearm was obtained, whether the State can prove knowledge that it was stolen, whether the prosecution can establish possession, and whether police followed constitutional requirements when they stopped, searched, questioned, or arrested you.
When you hire me, you work directly with me. My clients have my personal cell phone number because questions, emergencies, and concerns do not always happen during business hours. You will not be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.
If you have been arrested or are under investigation for possessing a stolen firearm in Galveston, Houston, or the surrounding communities, contact Mark Diaz & Associates for a free consultation. Call our Galveston weapons charge attorney at Mark Diaz & Associates at 409-515-6170 to schedule your free consultation.
