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CHL weapon question
Posted: Wed Sep 02, 2009 11:30 pm
by scprotector1
Ok guys here is my question, I just got my CHL today woo hoo! Anyway heres the story. I had bought my girlfriend a glock 26 under her name as a gift, the firearm is under her name i just paid for it, so it turns out it doesn't fit her hand as well as she'd like it too, she likes the Kahr PM9 she has small hands. so she told me i could have her glock 26 to carry if i wanted to i said sure! So here's my question if were to be carrying this gun and happen to use it in self-defense would i get into any kind of trouble if the firearm is not registered under my name?
Re: CHL weapon question
Posted: Wed Sep 02, 2009 11:37 pm
by TexasFlash
scprotector1; based on the circumstances you described, I can't see a problem. People trade guns all the time; I will be carrying a gun originally bought/registered by my wife, who will in turn be carrying one bought/registered to me.... not an issue. Carry well and be safe!!

Re: CHL weapon question
Posted: Wed Sep 02, 2009 11:38 pm
by scprotector1
Yeah i know people trade and sell guns but i didnt know in regards to a possible shooting with those said guns, thanks for your help :)
Re: CHL weapon question
Posted: Wed Sep 02, 2009 11:55 pm
by Carrots
Nothing to worry about IMO. If you wanted to go OTT then you could write up a bill of sale / declaration of gift document to put an official change of ownership in writing. That is not necessary, not required and probably not a good use of ink but it might make you sleep a little better. Of course to do that she would need to be giving you the gun and not loaning it to you.
Re: CHL weapon question
Posted: Thu Sep 03, 2009 12:08 am
by scprotector1
She already said she was giving it to me the poor thing has such small hands its unfortunate she cant carry one of the best carry pistols on the market. Oh well she wants the Kahr
Re: CHL weapon question
Posted: Thu Sep 03, 2009 4:35 am
by jsimmons
scprotector1 wrote:Ok guys here is my question, I just got my CHL today woo hoo! Anyway heres the story. I had bought my girlfriend a glock 26 under her name as a gift, the firearm is under her name i just paid for it, so it turns out it doesn't fit her hand as well as she'd like it too, she likes the Kahr PM9 she has small hands. so she told me i could have her glock 26 to carry if i wanted to i said sure! So here's my question if were to be carrying this gun and happen to use it in self-defense would i get into any kind of trouble if the firearm is not registered under my name?
I wasn't aware that guns require registration in Texas. I haven't registered any of mine. Your only restriction in what pistol you can carry is determined by the pistol you "qualified" with. If you qualified with a semi-auto, you can carry anything. If you qualified with a wheel gun, you can only carry a wheel gun (I personally think that's absurd, but that's the law).
Re: CHL weapon question
Posted: Thu Sep 03, 2009 10:28 am
by joe817
I wasn't aware that guns require registration in Texas.
There is no requirement what so ever to register guns in Texas. In fact there is State law preventing such a thing. See Local Government Code: LGC 229.001(a)
Re: CHL weapon question
Posted: Thu Sep 03, 2009 11:11 am
by lws380
You could go to a FFL and have it transferred to your name. May be a waist of time and money, but it is not that expensive. What would happen if she or you decides to not be together? Would it be amicable? Just something to think about.
Re: CHL weapon question
Posted: Thu Sep 03, 2009 11:31 am
by jsimmons
lws380 wrote:You could go to a FFL and have it transferred to your name. May be a waist of time and money, but it is not that expensive. What would happen if she or you decides to not be together? Would it be amicable? Just something to think about.
Or he could just not worry about it. As I suspected, registration is not a requirement in Texas. The only thing you need a FFL for is when you *receive* a firearm through the mail.
Re: CHL weapon question
Posted: Thu Sep 03, 2009 12:20 pm
by joe817
IMO, you are ok,
IF you are not in violation of Penal Code: PC 46.06, Unlawful Transfer of Certain Weapons:
http://www.statutes.legis.state.tx.us/D ... .htm#46.06" onclick="window.open(this.href);return false;
Note: IANAL. This is merely my opinion.
Re: CHL weapon question
Posted: Thu Sep 03, 2009 12:40 pm
by Stupid
How did you buy the G26 under her name?
Read my straw purchase thread and start sweating.
http://www.texasshooting.com/TexasCHL_F ... 23&t=27298" onclick="window.open(this.href);return false;
Re: CHL weapon question
Posted: Thu Sep 03, 2009 1:50 pm
by Keith B
Anyone can pay for it if
she fills out the paperwork on a gun for
her.
Re: CHL weapon question
Posted: Thu Sep 03, 2009 3:00 pm
by C-dub
I was wondering the same thing, but kept reading to see if anyone else asked this question. And someone did.
This kind of an interesting question, when my father passes he's already stated that I will get his weapons. What should I do about those? There won't be any receipt because there won't be a sale. How will I prove ownership if it ever becomes an issue? Oops. Hijack? Should this be moved to it's own topic?
Re: CHL weapon question
Posted: Thu Sep 03, 2009 3:28 pm
by txmatt
All this talk of registration makes me sad. If even gun owners who care enough to get a CHL don't feel comfortable with private sales/transfers amongst family members we have no hope for preventing federal gun registration from becoming the law of the land in the relatively near future.
WRT straw purchases I don't think buying a gun to give to someone as a gift qualifies unless you know or have reason to suspect that the person to whom you are giving the firearm is ineligible to own it/buy it on his or her own. Wikipedia agrees with me, though I know that doesn't count for much:
http://en.wikipedia.org/wiki/Straw_purchase" onclick="window.open(this.href);return false;
Re: CHL weapon question
Posted: Thu Sep 03, 2009 3:31 pm
by Purplehood
C-dub wrote:I was wondering the same thing, but kept reading to see if anyone else asked this question. And someone did.
This kind of an interesting question, when my father passes he's already stated that I will get his weapons. What should I do about those? There won't be any receipt because there won't be a sale. How will I prove ownership if it ever becomes an issue? Oops. Hijack? Should this be moved to it's own topic?
The same way your father had to prove ownership. You don't.